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| Quote Prince Buster="Prince Buster"I am not a tax expert, far from it.. However anyone out there who is, I would be interested to know how a private company can benefit from £12M gift without tax implications ? Be interested to see how Box squirms his way around that one.
Companies do not go around making gifts of such magnitude to another company totally unrelated. They have must have had some incentive or pressure in order to do so. If their deal has been brokered by WMDC then all I ask is that WMDC give our club the same 'service' so that we also get a stadium given totally free of charge.'"
From what I understand from reading about this probably a few years back - it may have changed since - there are tax implications (in that the disposal of land will be charged Capital Gains Tax). If it's given away, then Lateral will be charged tax on the difference between the market value and the price they paid for the land there. Lateral's Directors can apply for Gift Hold Over Relief, which will transfer the tax to Cas should they ever sell the new stadium.
Someone else well versed in accountancy may be able to clarify this. Similarly, if Cas ever sell Wheldon Road, they'll be paying the same tax on the difference between buying and selling too. And again, they can delay this if they sell WR within 1 year after they move in or at any point between now and the stadium being built (providing it's within 3 years).
I would also point out that I don't think the land is being transferred and it isn't free. If I remember rightly, I think the freehold of the stadium is being given to Cas for a nominal fee (small amount, but not free)
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| Quote financialtimes="financialtimes"By means of a S106 agreement
'"
Wrong there , I am sure 106 monies are not allowed to go to private companies or individuals.
Hence the reason we had to form a charitable trust for NM.
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| Quote Prince Buster="Prince Buster"They must be fantastic developers over there. They have been allowed to develop on green belt land without a public enquiry.
They must have obtained a massive financial planning gain by doing this but in all fairness they have offset this gain not by giving an asset to the community but by giving an asset of around £12M to a private company, what generous people they are.
'"
You seem to be stuck on just the stadium but Lateral are - and have - invested more money into more than just the new stadium. You negate to mention that it includes the retail element and a country park (for community benefit), and that as part of the planning conditions Lateral have accepted, they will also invest in local road infrastructure, Castleford Town centre, and also fund many other things as part of the development.
This is probably a mitigating reason as to why it didn't go to public inquiry, and because there was an overwhelming support both locally and regionally from numerous people including Gary Verity, Adam Pearson and people like Yvette Cooper. Moreover, the Tories have devolved a lot of power to the local councils.
Let's not make out it's hugely different to yours. The stadium was a carrot as a means of gaining public and political support for the rest of the development, as Newmarket was to getting the warehouses and the other development up there at J30. If there's enough of a carrot there, then it's a strong chance of getting through.
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| To clarify my above point, the Section 106 agreement states that Castleford will get freehold of the stadium land for £1 upon practical completion of the stadium.
And to answer Bren's point above the community stadium, you are correct in that it is not having extra pitches like Newmarket, however, it will be used for community purposes, again covered in the S106:
"within 3 months of such completion, Castleford will make available the Stadium for community uses including the work and activities of the Castleford Tigers Community Trust to promote sport development, health, social skills and life-long learning and employment opportunites for local people'.
So yes, it isn't going to be owned by the community in the way that Newmarket was, however, it will still be able to be used by the community, and for community purposes and activities outside of Castleford Tigers via our charitable arm.
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| Quote Fully="Fully"To clarify my above point, the Section 106 agreement states that Castleford will get freehold of the stadium land for £1 upon practical completion of the stadium.
And to answer Bren's point above the community stadium, you are correct in that it is not having extra pitches like Newmarket, however, it will be used for community purposes, again covered in the S106:
"within 3 months of such completion, Castleford will make available the Stadium for community uses including the work and activities of the Castleford Tigers Community Trust to promote sport development, health, social skills and life-long learning and employment opportunites for local people'.
So yes, it isn't going to be owned by the community in the way that Newmarket was, however, it will still be able to be used by the community, and for community purposes and activities outside of Castleford Tigers via our charitable arm.'"
Let's not over complicate this, Lateral will build a stadium with a cost value of £12 million (market value of approx £ 18 million) and give it to a private company for £11,999,999 less than its value.
Said private company should be liable to pay tax on this asset.
Playing some community games in the stadium does not make it a community stadium in the eyes of the law or the taxman
It is not a community stadium!
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| Quote Prince Buster="Prince Buster"Wrong there , I am sure 106 monies are not allowed to go to private companies or individuals.
Hence the reason we had to form a charitable trust for NM.'"
Well I'm not sure that's entirely true, S106 monies can definately go to and individual or private company in the case of a compulsory purchase order (I know from personal experience), I believe the main reason for registering the trust as a charity will be for other tax benefits along with availability of several funding streams, but just like you said in you previous post "I'm no tax expert" either 
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| Quote Fully="Fully"You seem to be stuck on just the stadium but Lateral are - and have - invested more money into more than just the new stadium. You negate to mention that it includes the retail element and a country park (for community benefit), and that as part of the planning conditions Lateral have accepted, they will also invest in local road infrastructure, Castleford Town centre, and also fund many other things as part of the development.
.'"
Let me make this clear I have no gripe or complaint about Cas getting a stadium. What really disgusts me is the double standards of Box and his lackies.
Fully has just outlined what is going on at Cas. Then look at the totally contrasting way that Wakefield council have reacted to the NM development.
At Cas they have got behind the project to make it deliver all kinds of benefits.
At Newmarket they have stepped back, washed their hands of it totally and basically allowed the developer to do as he pleases.
All I ask from Box is parity with Cas
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| Quote Prince Buster="Prince Buster"Let me make this clear I have no gripe or complaint about Cas getting a stadium. What really disgusts me is the double standards of Box and his lackies.
Fully has just outlined what is going on at Cas. Then look at the totally contrasting way that Wakefield council have reacted to the NM development.
At Cas they have got behind the project to make it deliver all kinds of benefits.
At Newmarket they have stepped back, washed their hands of it totally and basically allowed the developer to do as he pleases.
All I ask from Box is parity with Cas'"
Good post squire.
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| Quote Prince Buster="Prince Buster"Let me make this clear I have no gripe or complaint about Cas getting a stadium. What really disgusts me is the double standards of Box and his lackies.
Fully has just outlined what is going on at Cas. Then look at the totally contrasting way that Wakefield council have reacted to the NM development.
At Cas they have got behind the project to make it deliver all kinds of benefits.
At Newmarket they have stepped back, washed their hands of it totally and basically allowed the developer to do as he pleases.
All I ask from Box is parity with Cas'"
That's exactly my position too - it's easy to interpret the attitude of WT fans as being oppositional to Cas getting their new stadium, and that may well be the case for some - but it's definitely not mine. I'm very much behind the Cas development - it's good for the game, the area and the club; and it shows what a determined LA can do when they get behind something and get the right people around the table to deliver a meaningful project. What's unacceptable however, is the total difference in Box' attitude to a similar project on this side of the district - and perhaps the fact that Cas have got an honest broker involved in Lateral, whereas we've got Yorkcourt, who have proven to be bent as a nine bob note.
One point however - despite Fully's best Comical Ali efforts, it is *not* a Community Stadium; a few dance lessons and community outreach work doesn't fulfil that criteria; it's an asset being gifted to a private company for their sole use and benefit.
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| Quote Prince Buster="Prince Buster"Let me make this clear I have no gripe or complaint about Cas getting a stadium. What really disgusts me is the double standards of Box and his lackies.
Fully has just outlined what is going on at Cas. Then look at the totally contrasting way that Wakefield council have reacted to the NM development.
At Cas they have got behind the project to make it deliver all kinds of benefits.
At Newmarket they have stepped back, washed their hands of it totally and basically allowed the developer to do as he pleases.
All I ask from Box is parity with Cas'"
Totally agree. Also ours will be a community stadium!
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| Quote wakeytrin="wakeytrin"Totally agree. Also ours [i[uwill be[/u[/i a community stadium!'"
Love the optimism. 
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| Quote Prince Buster="Prince Buster"Let me make this clear I have no gripe or complaint about Cas getting a stadium. What really disgusts me is the double standards of Box and his lackies.
Fully has just outlined what is going on at Cas. Then look at the totally contrasting way that Wakefield council have reacted to the NM development.
At Cas they have got behind the project to make it deliver all kinds of benefits.
At Newmarket they have stepped back, washed their hands of it totally and basically allowed the developer to do as he pleases.
All I ask from Box is parity with Cas'"
Hmm, not entirely sure on WMDC being the ones behind getting all of the benefits. I think it's a multi-party effort in that any potential obstacles, Lateral have tried to offered something as a way of compromising. It just so happens it gives WMDC another reason to back the plans.
For example, they were looking to open another M&S store at J32 so rather than losing the town centre one (as M&S intended shutting it anyway), they have subsidised the refurb of it and also rental costs for a few more years in order to keep it there and for the town centre benefit.
I don't see how this is any different in using the carrot of sports facilities such as 3G/4G pitches, etc, plus new road infrastructure as a means to getting planning permission for Newmarket? As I said, both stadiums have been used as extra weight to secure planning permission for relevant developments.
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