Athletes Have Got It All Wrong, Say Tax Advisors
By Tony Van Alphen; Business Reporter
The Toronto Star

But Canadian teams and tax experts argue that after they add it all up and the government takes a good chunk away, the difference between the two countries can be minor for those wealthy sports stars.

 

It's a matter of simply taking advantage of some basic provisions under the tax law, accountants and tax lawyers say.
"They can achieve a pretty level playing field," says Dennis McMullin, a tax partner at Deloitte & Touche in Winnipeg. "You can get fairly close with advanced tax planning."

 

The tax bogeyman popped up again recently when trading speculation swirled around the Toronto Raptors basketball club. Star Raptor point guard Damon Stoudamire cited it as a reason why he wanted to get out of town.

 

Houston Rockets centre Kevin Willis, who was almost traded to the Raptors told USA Today the differences in the structure were " a huge deal" and "pretty hard to swallow."

 

"They're not getting good advice," concludes Bill Johnston, an Ottawa tax lawyer who structures pro athlete contracts to minimize taxes. In fact some accountants say a New York Knicks star can end up with paying more income tax than a rich Raptor.

 

Tax lawyers and chartered accountants acknowledge that income tax rates are higher in Canada than in the United States, but they say some U.S. agents and players exaggerate the gap.

In Ontario, the rate is 51.64% for anyone with taxable income of more than $63,500. In New York and California, it's about 50% on income of $278,000(U.S.). All major league athletes with U.S. clubs easily make more than that and face the full hit.

 

The rate on a pro baseball, hockey or basketball player in Ontario drops below 51% even before devising the first tax strategy. That's because the effective tax rate for a U.S. pro athlete in Ontario declines every time he works south of the border in games and practices during the season.

 

He usually spends about 35% of his work time in the U.S. That automatically reduces the Canadian tax bite. Structuring a contract with tax rules in mind can reduce the sting further, according to experts.

 

Jonathan Ruben, a Toronto chartered accountant, says higher-paid athletes can negotiate a "retirement compensation arrangement" that defers income and can help the club and player since they don't pay the taxes until after the contract expires. "It's essentially an unregistered retirement savings plan," says Ruben, who provides tax advice to wealthy people, including major league athletes in Toronto.

 

Under this arrangement, the team makes contributions to a "custodian" or trustee. Payments could be subject to a lower tax rate because they are spread over a longer period of time.

The player receives benefits after he quits, or the team fires him. Athletes can negotiate a similar arrangement, commonly known as an "employee benefit plan," under which the club also pays a good chunk of its income annually to a trustee for investment.

 

Revenue Canada can tax the investment earnings every year while the athlete plays but not the income that the club paid. The club doesn't get a tax deduction until the player starts drawing down the funds and paying taxes.

 

"Players can select investments to acquire growth prospects so there is little annual income," says McMullin. "Growth appreciation is reflected in enhanced value of investment, which builds a pool of capital for retirement."

 

McMullin says there are no such tax provisions that benefit athletes in the United States. On the other hand, U.S. residents can write off mortgage interest and property taxes. Canada doesn't have those tax breaks.

 

Meanwhile, Johnston says some athletes can negotiate their contracts to minimize the tax hit without even setting up a retirement or benefit plan with a club. He says an athlete can negotiate a good portion of his contract in the form of a signing bonus. It's taxable here at a rate of 15% under the Canada-US tax treaty. That rule effectively allows the athlete to get full U.S. foreign tax credit against Canadian taxes, Johnston says.

 

"It means the player pays at the U.S. rate."

 

In addition to different ways of minimizing tax, experts say some U.S. athletes don't take into account the big bang they get from the American dollar in purchasing goods in Canada. All major pro stars playing here get their salaries in U.S. dollars, which is worth $1.42 (Canadian).

 

Ruben, a member of the New York and Illinois state societies for certified public accountants, and McMullin add that Canada offers those athletes safer cities, better schools and health care, fresher air and extensive cultural attractions.

 

The Raptors are currently working on an information package for agents and players who will be free to change teams this summer. It will emphasize the city's merits and lifestyle, clarify the financial benefits and offer assistance so players can reduce their exposure to income taxes.

 

"There are fears the taxes are much higher here, but it's not true," says John Lashway, vice-president of corporate and community development for the Raptors. "There has to be an education. We have to show players and their agents how thehow ththe hows work and all the advantages of living in Canada."

 

Some league insiders suspect a few agents are trying to portray Canada in negative terms to create perceptions of marketing limitations and cultural shock here so their clients stay away,

But Lashway says that although Toronto is not New York, Chicago or Los Angeles, few other cities offer the national and local marketing potential of Toronto or the quality of life.

"It's ludicrous some of the things we've been hearing about Toronto and the taxes."