http://roadracingworld.com/news/article/?article=40591
looks like the pie man is having some troubles...
sounds like mom is ....... things up for him.
looks like the pie man is having some troubles...
Wow, there's some ugly things in that article. Seems like Ben's mom is a complete ..... and a thief on top of that!! The part about how she routinely accepts services and the backs out of contracts is particularly disturbing. Also the fact that she's got 51% of everything is a bit scary.
Let me explain
When you have a normal agent, you pay 15% for their services and that's it. You don't get 48% of the profits earned by the agency that represents you. Furthermore, it makes perfect sense that Mary would own a majority share b/c management is her job and there are many various advantages to being a minority held company. I'm not saying that Mary isn't a problem or that she hasn't made a big legal mistake, but the fact that she splits the representation and negotiation fees with her son (at least in some capacity we don't know what kind of compensation she gives herself) is a luxury that no one else in the paddock enjoys.
The only ugly dirt in this article is that Spies has pierced the corporate veil on numerous occasions (or Mary did it unwittingly) which completely nullified the LLC protection. Normally after a suit of this magnitude, you'd simply declare bankruptcy for Speez Racing LLC and you'd tell Protac to go screw themselves for violating fiduciary responsibility to their client (if those allegations are correct), but in this case, the LLC protection doesn't apply b/c Spies didn't follow the rules which means he is now personally liable for the $1.9M and the actions of Speez Racing.
If only they had hired an accountant he probably wouldn't be personally liable for the 1.9M judgment against him.
I wonder if the 1.9 mil comes out of mommies 51%
Let me explain
When you have a normal agent, you pay 15% for their services and that's it. You don't get 48% of the profits earned by the agency that represents you. Furthermore, it makes perfect sense that Mary would own a majority share b/c management is her job and there are many various advantages to being a minority held company. I'm not saying that Mary isn't a problem or that she hasn't made a big legal mistake, but the fact that she splits the representation and negotiation fees with her son (at least in some capacity we don't know what kind of compensation she gives herself) is a luxury that no one else in the paddock enjoys.
The only ugly dirt in this article is that Spies has pierced the corporate veil on numerous occasions (or Mary did it unwittingly) which completely nullified the LLC protection. Normally after a suit of this magnitude, you'd simply declare bankruptcy for Speez Racing LLC and you'd tell Protac to go screw themselves for violating fiduciary responsibility to their client (if those allegations are correct), but in this case, the LLC protection doesn't apply b/c Spies didn't follow the rules which means he is now personally liable for the $1.9M and the actions of Speez Racing.
If only they had hired an accountant he probably wouldn't be personally liable for the 1.9M judgment against him.
It would if they hadn't pierced the veil of limited liability. If they had done things properly neither of them would be personally liable b/c the liability would fall upon Speez LLC. The whole purpose of forming an LLC is to limit the liability exposure for business that deal with complex contracts ...
You send him your application Lex!
True, and they ...... this one up. Mom andPopoperation. I'm sure she meant well, and I don't think she intended to screw up here son's income, I just think she might not have been legally savvy.
I don't think Spies tax situation is too complicated. There are a number of tax jurisdictions that he earns money through however for a lot of these there will be a Double Tax Agreement between that jurisdiction and the US which should specify which jurisdiction (either both or only one) has the right to tax the income. I don't know where Spies is living - I assume back in the US so for tax residence purposes he will still be a resident of the US under most of the DTAs. Of course once a citizen of the US, always a citizen so the IRS will chase him round the globe.
The Australian system is better for international sports stars as once you break tax residency status, you're not liable for tax in Australia unless that income is sourced in Australia. This means that people like CS, Troy Bayliss etc can live in a jurisdiction such as Monaco which doesn't tax their income. As they are not a resident of Australia, they won't pay tax in Australia either so their income is tax free (unless a specific jurisdiction they travel to has the right to put their hand out). Once they retire, they move back to Australia with a lot more wealth than they would otherwise have. Then of course there are people like Paul Hogan (Crocodile Dundee) who are accused of evading their tax obligations and now are spending millions fighting the tax man.
Spies made a mistake in limiting his contesting rights solely to an arbitratior. When there is a lot of money involved, you want a court to decide as they generally have smarter people with a thorough understanding of the law. An arbitration company I wouldn't think would be in the same category. Over here in Australia, we have tribunals and lower level courts and their decisions are forever being overturned because they have erred at law.
One thing I have realised, there are some really ordinary accountants and solicitors out there. The clients do not know exactly how much is being neglected or has been poorly or invalidly implemented until it is too late. It's good for me because I am building my business and generaly all I need to do is get in front of some of these people and they realise how much they have been ....., how exposed they are and that there are a lot of accountants, solicitors and tax specialists who are charging a lot of money for shoddy work.
As for the percentages - 15% is not unreasonable. I have a client (I won't name them) who became famous in the US and they pay 20% to their manager. I think 20% is a little high but that's what they agreed to. That same manager has other agreements which generally give him 10-20%.
Would love to have known the detail of Valentino's tax debacle. He was holding himself out to be a resident of the UK instead of Italy wasn't he?