Where do the players legally sit?

Where do the players legally sit?

I felt compelled to ask this after reading about the on going saga of the licence extension and how to compete in the AFC Championship, the Phoenix would probably have to reduce their Kiwi quota to 5 (imports) to satisfy some...[Edited- 2B]

So what are the players legally?. Yes it is an Australian club that resides in NZ but in terms of employment law and taxation law?

Because they play in an Aussie comp you would think any contract or conditions would be subjected to Australian law but yet none of them live there so how does that work? Also for tax, none of them live there but you would think the Aussie tax man wants their cut as non resident and the NZ tax man would certainly want his cut cause they reside here.

Interested to find out.
2ndBest2010-04-03 12:27:59

Id imagine itd be registered in NZ. Itd be like if i owned a starbucks in NZ and my employees being taxed by america despite the franchise being in NZ

NZ company - NZ employees of an NZ company - taxed in NZ - paid in NZD in NZ. Australian law not relevant as they aren't resident in Australian for tax purposes. Just because you undertake part of your job in aussie that doesn't mean you owe australian tax (think of a salesman who works for a NZ Company lives in NZ but spends time selling goods in Aussie)james dean2010-04-03 10:26:07

you might want to rethink that comment there. Can't believe no one else said anything.

Leilei G**''s wrongful dismissal claim was heard in an Australian employment court.

That makes this thread/question interesting. I thought we were registered as a NZ company? That wouldnt be possible. Unless it has something to do with player registration,i.e what the MLS do,players being contracted to the league,rather than a club.

That was the other reason why I asked.......
Also player registrations are held in a Australia not NZ so....

The trivialities are immense. Tony P?
Jeff Vader2010-04-03 11:24:40

Pretty sure Tony P has answered similar questions a while.

Edit: for discussion around payments
http://www.yellowfever.co.nz/forum/forum_posts.asp?TID=10860&KW=

2ndBest2010-04-03 11:30:11

I read a comment by Hard News in another thread that if we did need to go down the road of only having to have 5 kiwis/imports we should sign as many as possible now. So how would you force the others out if there was no phase out period later on? You would need to break a contract. Whose employment laws does that come under with regards to being co-erced into breaking a contract? Jeff Vader2010-04-03 11:29:18

2B,im looking at that thread now yeah. It says theyre paid in NZD to a NZ bank. Nothing much about tax but yeah common sense.

Yeah. Saw that, was going to comment, but then got side-tracked.

Good work O6.

I pretty I read somewhere that the contracts are held in Australia.  Hence it would go to the court over there.  

I totally agree. That kind of racist language is out of line and the kind of thing that gives football fans a bad name. (And doesn't do any good if we want to join the AFC, considering those "ragheads" have a vote...)

ugh,can we keep on topic. Apart from that what he said was actually interesting. If offence is taken,send him a PM,and request he edit it. Dont continually repost it so that its still there even if he does edit it.

I've warned him.

Mostly correct.

Think the employment contracts stipulate Australian Law for disputes.

Also, in some jurisdictions tax law stipulates that if a certain percentage of your job takes place in the jurisdiction then you can be taxed in that jurisdiction regardless of where your employer and you are tax resident. America is particularly nasty on that front, they will reach out and grab tax from citizens working overseas. If you're on an expat deal with your company, get tax advice!

Not the case in Australia I don't think, but I'm no tax lawyer (thank god).

Interesting. G** was not a Kiwi but lets say (for example) that Ben Sigmund has an issue with the club and it goes to court. A Kiwi player, living in NZ, predominately plying his trade in NZ (training and home games) spent (I am guessing) his whole life here but has to apply Aussie law for any dispute?

Jamie Cross was saying the referees get taxed by Australia but I guess they would be independent contractors so probably not relevant. I would still think IRD would want there share cause they usually have their snout in anyones business earning anything.

Nationality doesnt matter. If G** went to Australian employment court,so would siggy.

You are right, it doesn't matter. I was more stating the irony of it...