That is completely and utterly wrong. Basic accounting procedures mean that expenditure cannot be capitalised until something is probable. Something is not probable until planning is granted. That isn't a Premier League rule it is the cornerstone of FRS 102.
We breached PSR rules two years ago and could have been charged with non-compliance.
What actually happened is that the Premier League and the club came to an agreement that the Premier League would not invoke rule E.51.2.. That meant we avoided being charged and a probable points deduction.
The 13 August 2021 agreement contained the following
(amongst other) terms.
1.2 During the Club's financial years 2017-2020 (inclusive), prior to the
financial year when planning permission for the Stadium was obtained,
the Club incurred costs of approximately £39,346,000 in respect of the
Stadium (the “Stadium Costs”). Given that the Stadium Costs were
incurred in the financial years prior to planning permission being
granted, under applicable accounting regulations, these costs cannot be
capitalised and must therefore be included in the Club’s PSR
Calculation.
1.3 The Club is forecast to be non-compliant with Rule E.51 of the Rules
by:
1.3.1 having a PSR Calculation with losses in excess of £105 million
(the “Threshold”) for Season 2020/21; and
1.3.2 potentially Season 2021/22 and 2022/23
(together the “Potential Non-Compliance”).
1.4 Subject to compliance by the Club with the conditions set out in
paragraph 2 of this Agreement (the “Conditions”), the Premier League
agrees that it will not, either during the Term or at any time after (i)
exercise its powers set out in Rule E.15 in respect of the Potential Non-
Compliance and/or (ii) refer the Potential Non-Compliance to a
Commission pursuant to Rule E.51.2.
2.1 The Club’s PSR Calculation for Seasons 2020/21, 2021/22 and 2022/23
(after the application of any mitigation or reduction by the Board in
accordance with the guidance it has issued in relation to the impact of
COVID-19) must not exceed the Threshold plus such portion of the
Costs as falls to be reported in the relevant period (the “Threshold
Condition”). For the avoidance of doubt, the relevant period is the
financial year in question and the two preceding financial years.
So instead of this being a witch hunt against us the Premier League actually helped us out. They also allowed us to include much bigger COVID losses £170m almost double the next biggest losses which was Arsenal at £86m followed by Villa at £56m.
They also allowed us to include £30m from Usmanov for an OPTION for naming rights despite no one else being interested. The Premier League bent over backwards to help us. When we failed PSR because of the long wait for planning they let us off. When we were going to fail again they allowed us ludicrous COVID losses. When we going to fail a third time Usmano was allowed to write a £30m cheque for an OPTION.
We were given chance after chance. Instead of heeding those chances Moshiri and the board ignored the warnings and tried to claim interest for working capital loans that were not used for the Stadium. Not only that but he tried to back date them.
32. In February 2022 Everton decided to pass on the interest charges payable
under the Rights & Media Funding Ltd and Metro Bank PLC loans by levying
interest on the inter-company loan to Everton Stadium Development Ltd.
The intention was that that interest would be calculated retrospectively from
FY 2018 and all charged in the FY 2022 accounts.
He tried to roll up years of interest charges for working capital and looked to pretend they were for the Stadium. This is despite there being documents that showed that the Stadium was funded by interest-free loans from Moshiri himself. The charge documents from the loans also stated that they were not for the Stadium.
Here are the documents in question.
Use of Funds
If the facility is successfully completed, the funds will be used for working capital facility
purposes. Hence, in the same way as the Rights and Media Funding Limited facility this
additional financing support will be used for operational purposes during the 2020/21
season.
We do not intend to use any of the funds for the new stadium project or to buy players in
the transfer window. These funds will be used to continue to support the Club and all of the
activities that the Club are involved in for the term of the facility.
That representation is incorporated into the Metro Bank PLC loan agreement
dated 29 April 2021. Clause 2.3 reads –
Purpose
The Borrower shall apply all amounts borrowed by it…towards the payment of
indebtedness and its working capital requirements
So there was no moving of the goalposts and there was no new rule. If anything the Premier League has been incredibly lenient with us. Instead of looking at things rationally and coming to the obvious conclusion that the club had pushed things too far we have a PR campaign calling the Premier League corrupt because they finally had enough of our ludicrous attempts to ride a coach and horses through PSR regulations.