Gary Lineker wins £4.9 million tax battle against HMRC

High-profile case comes amid new legislation designed to clampdown on tax avoidance

Gary Lineker should have been classed as an employee of the BBC and BT Sport, a judge ruled. AP
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Match Of The Day host Gary Lineker has won his £4.9 million tax battle with HMRC.

Lineker was told he should have been classed as an employee of the BBC and BT Sport for his presenting duties, rather than as a freelancer.

The tax authority said he owed £4.9 million, which it was claimed should have been paid on income received between 2013 and 2018.

It comes as part of legislation known as IR35, designed to clampdown on tax avoidance by so-called disguised employees, who charge for their services via limited companies.

Throughout proceedings the football presenter, 62, insisted all taxes were paid on the income via a partnership set up in 2012 with his ex-wife Danielle Bux.

Tribunal judge John Brooks found the IR35 legislation did not apply because there were direct contracts between the presenter and both the BBC and BT Sport.

The tribunal found that while Gary Lineker Media (GLM) was a partnership to which IR35 legislation applies, the appeal was still granted in full because contracts existed.

HMRC is considering appealing the decision.

“As a matter of law, when Lineker signed the 2013 BBC contract, the 2015 BBC contract and the BT Sport Contract for the provision of his services, he did so as principal thereby contracting directly with the BBC and BT Sport," the judge said.

“As such, the intermediaries legislation cannot apply — it is applicable only ‘where services are provided, not under a contract directly between client and the worker’.

“In this case Mr Lineker’s services were provided under direct contracts with the BBC and BT Sport.

“Although such a conclusion might appear inconsistent with my conclusions that the intermediaries legislation can apply to partnerships … that is not the case.”

He added that he could “dispose of the entire appeal in the appellants’ favour and the appeal is therefore allowed”.

Mr Lineker tweeted on Tuesday night: “I had already paid all tax due at the top rate and happily so.

“I’m still totally flabbergasted as to why I was expected to pay double. Thankfully justice was done.”

Earlier a representative for Gary Lineker said: “I am pleased that the tribunal has confirmed that I have not failed to pay any taxes or national insurance by reason of the IR35 rules.”

The case follows similar attempts by HMRC to target other broadcasters including Lorraine Kelly and Kaye Adams.

Earlier tribunal documents said Lineker was disputing the bill and it had been agreed he paid the income tax in full.

Lineker’s lawyer James Rivett KC told a preliminary hearing in London last month that the former England footballer had been “dragged through the papers accused of not paying income tax which has been paid”, and claimed there was a political element to the investigations.

Following the ruling, an HMRC spokeswoman said: “The tribunal has confirmed the off-payroll rules apply to partnerships, as we have always said.

“However, we do not agree with its decision that the rules cannot apply in this case and we’re considering an appeal.

“It is our duty to ensure everyone pays the right tax under the law, regardless of wealth or status.”

Lineker is Match of the Day’s longest-serving presenter and has been on the football show since the 1990s after a successful playing career in which he played for Leicester, Barcelona and Tottenham Hotspur.

He did not present the show for one Saturday earlier this month after tweeting about the government’s Illegal Migration Bill, which sparked an impartiality row. Lineker returned to the BBC show the following week.

HMRC has 56 days to appeal.

Updated: March 29, 2023, 6:42 AM