EIM01152 | Football clubs: payments to intermediaries: retention of records

EIM01150 sets out details of HMRC’s position and requirements in cases where football clubs use the services of an intermediary (also known as agents) in negotiations with players, with particular reference to cases of dual representation. EIM01151 gives examples of various indicators of risk that may cause HMRC to carry out further and more detailed review of such arrangements. This page gives examples of the records that each party to such arrangements may wish to consider keeping to provide evidence of the nature of the arrangements into which they have entered and the commercial justification for payments that have been made. These records could include letters, contracts, faxes, memos, notes of meeting, notes of telephone calls, iMessages, SMS/text messages and emails.

Club records

The club may consider keeping records covering:

• the specific reasons for engaging an agent for the specific transaction

• contemporaneous evidence of the engagement of the agent, the instructions given, and the level of fee discussed

• contemporaneous evidence of the work done for the club

• evidence to support the basis of any split in the agent’s fee paid between club and player services

• evidence to support any variation of the fees shown in the player/agent representation agreement and the subsequent tri-partite agreement

• evidence to substantiate the work conducted by all the agents where multiple agents are used in respect of the same player for a transaction

• evidence to demonstrate that the fees paid to agents are commensurate with the services they provided

Agent records

The agent may consider keeping records covering:

• contemporaneous evidence of their engagement by the club, the instructions given, and the level of fee discussed

• contemporaneous evidence of the work done for the club

• contemporaneous evidence of the work done for the player

• evidence to support the basis of any split in the agent’s fee paid between club and player services

• evidence to support any variation of the fees shown in the player/agent representation agreement and the subsequent tri-partite agreement

Player records

The player may consider keeping records covering:

• discussions held with the agent during the transfer or contract negotiations

• their understanding of any conversation resulting in their agent being engaged by the club as well as them