Bowlerman9, on Dec 6 2006, 07:41 PM, said:
This is under the luxury tax section:
"If a Uniform Player’s Contract is assigned by any means to
another Major League Club, the assignor Club shall be allocated
Salary through the date of the assignment and Salary shall begin
being allocated to the assignee Club on the following day, regardless
of the Player’s reporting date. Beginning with Player assignments
after September 30, 2002,
an assignor Club that pays cash
consideration to defray all or part of the salary obligation of the
assignee Club for an assigned Player shall include such cash consideration
in its Actual Club Payroll in the Contract Year in which
the cash consideration is paid; provided, however, that any such
cash consideration included as part of a Player assignment made
during the 2006 Contract Year but not payable until the 2007
Contract Year shall be included in the assignor Club’s 2006 Actual
Club Payroll to the extent that the assignee Club does not have
equivalent salary obligations under Player contracts obtained in
the assignment in the 2007 championship season or beyond. Any
cash consideration that is, pursuant to the preceding sentence,
included in the Actual Club Payroll of the payor Club shall be
subtracted from the Actual Club Payroll of the payee Club in the
same Contract Year in which it is added to the payor Club’s Actual
Club Payroll."
I'm not a lawyer, but thats how I understand it. I remember it being written about in the globe when we traded Roberts for Payton and cash. Payton only counted (i think) 100K against the cap for that year.
<{POST_SNAPBACK}>
That addresses the obligation of the team paying money to have that cash count towards their final payroll figure despite the fact that there isn't an player contract and his AAV on their roster anymore.
It doesn't address - at least I don't think, it was confusing in the middle - what the obligation is for the team that receives money. The way you're looking at the team with the contract - the Sox in the Hinske example - starts with the total contract AAV (2.95M for Hinske) and then gets to subtract the money that they recieve (2.8125M) from the AAV. Therefore the Sox are on the hook for 137,500 in potential payroll cost.
That might be true, but that excerpt doesn't make it clear and it certainly would not be equitable to both teams. That lack of fairness doesn't mean it's not a true loophole in the CBA, but this one seems so obvious and clumsy.
Let's look at 2 Sox related transactions.
1. Hinske - a case where the Sox get money
His AAV is 2.95M. The Sox and Jays will both pay him 2.8125M. Let's assume both teams are over the luxury tax threshold and therefore would actually have to pay the tax. By your interpretation the Jays would have to pay the tax on 2.8125M and the Sox just 137,500 even though both teams are actually paying the same amount. In that case the Jays ought to be pretty pissed.
2. Edgar Renteria - a case where the Sox send money
Renteria's AAV is 10M. After the trade the Braves will pay him 6M/yr for 2006-08 and the Sox will pay 2M, 3M, 3M. The AAV of the Sox contribution is 2.67M. Everybody agrees - and that excerpt makes clear - the Sox are on the hook for 2.67M for payroll considerations.
What's the Braves obligation? By your Hinske interpretation it would be the AAV (10M) minus the cash recieved (2.67M) or 7.33M. If they were over the tax threshold, they would have to pay taxes on 7.33M for a player that they're actually paying 6M per year. Again, in that case the Braves ought to be pretty pissed.
Although in both case the Sox seem to make out pretty well.
The rule should be written so that both sides are taxed in an equitable manner and the easiest way to accomplish that is for both teams to be taxed based on their actual cash outlay. So effectively, the AAV is the determinant factor for when a single team pays a player, but once a contract is split between teams it becomes irrelevent and that taxes are based on actual cash outlay only. When the CBA explicitly says that the team that sends money has to pay tax on that cash, it is also implicitly saying that the recieving team has to pay tax on the cash it spends regardless of the AAV.
Now that excerpt - and perhaps nowhere in the CBA - does it say that, but it makes much more sense. In the two above examples:
1. The Sox and Jays pay 2.8125M and have to pay tax on 2.8125M.
2. The Sox pay 2.67M and pay tax on 2.67M while the Braves pay 6M and pay taxes on 6M.
That's arguably less complicated and certainly much more fair.