Gary Lineker wins £4.9 million tax battle with HMRC

Gary Lineker has won his £4.9 million tax battle with HMRC.

The Match Of The Day host was told by the taxman he should have been classed as an employee of the BBC and BT Sport for his presenting duties, rather than as a freelancer.

The tax authorities pursued him for £4.9 million it claimed should have been paid on income received between 2013 and 2018.

It comes as part of legislation known as IR35, designed to clamp down on tax avoidance by so-called disguised employees, who charge for their services via limited companies.

Throughout proceedings the presenter, 62, insisted all taxes were paid on the income via a partnership set up in 2012 with his ex-wife Danielle Bux.

Tribunal Judge John Brooks found the IR35 legislation did not apply because there were direct contracts between the presenter and both the BBC and BT Sport.

The tribunal found that while Gary Lineker Media (GLM), which he set up with his then-wife in 2012, was a partnership to which IR35 legislation applies, the appeal was still dismissed in full because contracts existed.

The judge said: “As a matter of law, when Mr Lineker signed the 2013 BBC Contract, the 2015 BBC Contract and the BT Sport Contract for the provision of his services, he did so as principal thereby contracting directly with the BBC and BT Sport.

“As such, the intermediaries legislation cannot apply – it is only applicable ‘where services are provided not under a contract directly between client and the worker’.

“In this case Mr Lineker’s services were provided under direct contracts with the BBC and BT Sport.

“Although such a conclusion might appear inconsistent with my conclusions that the intermediaries legislation can apply to partnerships… that is not the case.”

HMRC has 56 days to appeal to the Upper Tribunal (Tax and Chancery Chamber) if it wishes to do so.

Lineker was recently embroiled in a row with the BBC after he was briefly taken off air from Match of the Day over his comments comparing the language used to launch a new government asylum seeker policy with 1930s Germany.

Lineker was deemed by the BBC to have breached impartiality guidelines.

The former football player was put back on air days later after the BBC apologised for suspending him.

Lineker has hosted Match of the Day since 1999 and earned about £1.35m in 2020-21, making him the BBC’s highest-paid star.

BBC director general Tim Davie said he recognised “the potential confusion caused by the grey areas of the BBC’s social media guidance” and said the presenter “will abide by the editorial guidelines” until an independent review of the BBC’s social media policy is complete. The BBC denied there had been a climbdown.

Lineker is employed as a freelance presenter by the BBC.