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Private Equity Investment in Sports: The Off-centre Opportunity

                 “The field of sport is akin to a jigsaw puzzle, where many pieces need to come together to produce a long-term successful athlete. The athlete’s success depends not only on his/her talent but also on the support system s/he receives”

                                                                                                                                                                                        –Sudha Murthy

Earlier this year CVC Capital Partners agreed to a USD 3 billion deal with Spain’s soccer league, La Liga, in return of 10% of all media returns for the next 50 years. Closer to home, in a dramatic turn of events, when the BCCI invited bids for two new Indian Premier League (IPL) teams, a windfall of INR 12,715 crores was definitely unforeseeable – the involvement of the global private equity firm, CVC Capital Partners, to “take over” Ahmedabad added to the mystique.

For the past 13 years, IPL has been the benchmark for exemplifying what private investments can do to a sport and has opened the doors to attracting more corporate investments in other sporting ecosystems. For instance, handball is set to hit India’s television screens next year as the Premier Handball League (PHL) supported by Bluesport entertainment under the patronage of the Handball Federation of India[1].

The Indian Super League (ISL) has also successfully managed to establish itself in terms of viewership and engagement. Furthermore, sports such as hockey, kabaddi, wrestling, badminton and volleyball have managed to garner a significant following and enthusiasm in the country their respective sports league. Owing to stellar performances in the Tokyo Olympics by the likes of Neeraj Chopra, Mirabai Chanu, P.V Sindhu and Ravi Kumar Dahiya, brands are reeling to sign them, driving commercial valuations and impact associated with their respective sports onto a profitable highroad. Hence, India is an ideal ground for significant investments in the field.

Up until a few years back, the involvement of leading conglomerates like JSW, Edelweiss Group, Embassy Group and Infosys had always been purely philanthropic in nature.

However, with the visible shift in trends, the next consideration is whether private equity investment in sports would be a slam dunk!

 

Factors Driving Valuation in Sports Teams and Leagues

Odisha FC, nicknamed the Kalinga Warriors, under the ownership of a global shipping giant, is the most valuable club in the ISL standing at an impressive INR 433.26m. In a more impressive feat, the Pro Kabaddi League, since its inception in 2014, has managed to rank above the ISL and stand in close competition with the IPL in terms of viewership. In 2015, Vivo signed a 300-crore engagement to become the league’s title sponsor. In 2018, over 70 sponsors competed to invest in the league[2]. The previous edition of the event was sponsored by Dream11, while big names like Tata Motors and Honda also retained their sponsorship[3]. Additionally, with the new class of spenders from the Fintech and EdTech industries like CRED, Unacademy and Upstox making their presence felt in the roaring business of cricket, it is evident that private equity investment and sports are definitely a match!

In alignment with the abovementioned dynamics, the following factors seem to be responsible for driving valuations in these sports teams and leagues:

  1. Scarcity and the inherent elite status

Between IPL, ISL and Pro-Kabaddi, there are only 33 teams across the board. Likewise, there are only six significant sporting leagues that show potential for lucrative returns in the country[4]. On the international front, according to the PitchBook data[5] in the United States, there are only 151 teams across the NFL, NBA, MLB, MLS and NHL. Similarly, there are only 98 teams in the Premier League, Serie A, Bundesliga, Ligue 1, and La Liga. Hence, since the supply is limited, the demand remains high, which leads to sky-rocketing prices and bigger returns!

  1. Monopoly

In addition to the limited available options, these leagues rarely expand. Hence, from an investor’s point of view, working in the confines of a marketplace with limited competition and foreseeable projection of factors like market share and revenue is easier.

  1. Illiquidity

Buying shares of a sports team is challenging since most teams are not listed on the stock market. Options like affiliations and exchange-traded funds are currently the only means through which individuals can participate in the functioning of their favourite teams. Therefore, when shares are not traded frequently and the ownership is complex, buyers are keen to pay a premium if and when the opportunity arises.

  1. Fans and emotions

For private equity firms, financial profits and ancillary gains are definitely driving factors. However, when it comes to sports, followership and emotions play a significant role. Andrew Laurino of the PE firm, Dyal, pointed out once that it is more fun to own your favourite sports team than root for a chemical plant.[6]

  1. Money

Considering the financial dynamics and broadcasting revenues involved, sports do offer a fertile ecosystem of astronomical returns. For instance, Sony acquired the media rights for IPL for the first 10 years for approximately 8,000 crores. For the next 5 years, Star India bagged the media rights for 16,000 crores. Media rights for IPL are scheduled to go up for auction in 2023[7] with an expectation of the deal closing in at over 30,000 crores[8]!

 

Key Trends Favouring Private Equity Investments in Sports

The sports industry is expected to grow tremendously in the year 2022, by reaching a valuation of USD 614.1 billion globally. The Asia-Pacific and the Middle East are expected to become the fastest emerging markets in the sports industry, with annual growth rates of 9.04% and 6.2% respectively, in the next few years[9].

The key trends that are expected to drive considerable growth and offer new investment opportunities are:

  1. Because of the pandemic’s rapid integration of technology into all aspects of life, the field of sports is witnessing never-before-seen consumer behaviour. Leveraging a combination of virtual reality, new streaming media and mobile technology, the industry has expanded its experience to a global audience and paved the way for new advertising revenues.
  2. The fitness industry is booming, driven by the new age of health-conscious consumers. The trend has resulted in a growth in participatory sports.
  3. The Indian gambling industry forecasts revenue growth that could hit INR 118.8 billion in 2023[10]. Consequently, the fantasy sports and betting industries are undergoing significant regulatory changes, which are set to streamline the industry and offer more substantial and comprehensive investment opportunities.
  4. Similarly, esports is set to experience a positive movement owing to the development of more sophisticated VR tools.

Since participation in sports will experience growth from traditional and newer channels, investment in associated ancillary industries seems lucrative.  

 

Issues With Private Equity Investments in Sports

Unlike other countries, India lacks a robust, centralized, and comprehensive regulatory framework governing the sport, despite the recent changes (being) introduced over the last decade in this regard. Issues pertaining to competition law, betting, anti-competitive actions, match-fixing, and dispute resolution are dealt with varying legislative frameworks spanning from Torts to criminal law.

Investors are organising collaborations with teams and sporting authorities to access a broader consumer cohort since cemented footholds and sponsorship guarantee greater returns on investment. Often, such sponsorship and advertising campaigns during a sporting event, or associated with any sportsperson, lead to ambush marketing by other competing brands. Moment marketing is another factor that treads upon the intellectual property rights of the players and dents the commercial gains of the investors.

It is therefore prudent to formulate a competent legal framework to curb doping, betting, match-fixing, ambush marketing, sports-related arbitration, and mediation and dispute resolution. There is a pressing need for cohesive and specific legislation comprehensively covering sports in India to be implemented.

Further, at a time when private investment activity in sports is moving away from CSR and philanthropic objectives and short-term collaboration and involvement, it is pertinent to ensure that the regulatory framework aligns with the commercial interests of investors while upholding the integrity of sports. The absence of the same can and will dissuade significant private party involvement in the area.

While there are still obstacles to be overcome, the prospects for sports are evident, and successful case studies have already begun to support the investment thesis. Investors and sporting organisations must be aware of possible hazards, but under the proper circumstances, the partnership has the potential to produce radical change and growth in the sector.

At a time when private investment activity in sports is moving away from CSR and philanthropic objectives and short-term collaboration and involvement, it is pertinent to ensure that the regulatory framework aligns with the commercial interests of investors while upholding the integrity of sports.

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Income Tax Returns for AY 2020-21: Ready Referencer

With the extended time limit for filing of Income Tax Return (for AY 2020-21), u/s. 139(1), without late fees, for Non-Audit cases and for Non-Corporate assessees of 31st December 2020 fast approaching, given below is a quick guide for ready reference of some key changes that have been made in the respective Income tax return forms for this year.

Further, the conditions and features for eligibility of forms that are applicable for filing the correct income tax returns are also specified as follows:

Key Procedural Changes:

  • ITR 1 to ITR 4 can be filed using PAN or Aadhar by Individuals.
  • The submitted ITR forms display the ITR-V with a watermark ‘Not Verified’ until the same is verified either electronically by EVC or by sending the same via post after manual signing.
  • The unverified form ITR-V will not contain any income, deduction and tax details. The unverified form will only contain basic information, E-filing Acknowledgement Number and Verification part.
  • The unverified acknowledgement is titled as ‘INDIAN INCOME TAX RETURN VERIFICATION FORM’ & final ITR-V is titled as ‘INDIAN INCOME TAX RETURN ACKNOWLEDGEMENT’.
  • Return filed in response to notice u/s. 139(9), 142(1), 148, 153A, and 153C must have DIN.
  • There is a separate disclosure for Bank accounts in case of Non-Residents who are claiming income tax refund and not having a bank account in India.

COVID related Changes:

  • The Government had extended the time limit for claiming tax deduction u/CH VIA to 31st July 2020, and the details of the same need to be reported in Schedule DI (details of Investment).
  • The time limit for investing the proceeds or capital gains in other eligible assets, so as to claim exemptions u/s 54/ 54B/ 54F/ 54EC, had been extended to 30th September 2020.
  • Penal interest u/s. 234A @ 1% p.m., where the payments were due between 20-03-20 to 29-06-20 and such amounts were paid on or before 30-06-20, had been reduced to 75%, vide ordinance dated 31-03-20.
  • Period of forceful stay in India, beginning from quarantine date or 22-03-20 in any other case up to 31-03-20, is to be excluded, for the purpose of determining residential status in India.[1]

Consequences of Late filing of Return of Income:

  • Late Fees u/s. 234F of INR. 5,000 up to 31.12.20 and INR. 10,000 up to 31.03.21. In case of total income up to 5 Lacs, the penalty is INR. 1,000.
  • Penal Interest u/s. 234A @ 1% per month
  • Reduced to 75%. vide Ordinance dated 31.03.20, where the payments were due between 20.03.20 to 29.06.20, and such amounts were paid on or before 30.06.20.
  • Vide CBDT Notification dt 24.06.2020, no interest u/s 234A if Self-Assessment tax liability is less than 1 Lac and the same has been paid before the original due date.
  • In case of a belated return, loss under any head of Income (except unabsorbed depreciation) cannot be carried forwarded.
  • Deduction claims u/s. 10A, 10B, 80-IA, 80-IB, etc would not be allowed.

Consequences of Late filing of Return of Income:

  • Late Fees u/s. 234F of INR. 5,000 up to 31.12.20 and INR. 10,000 up to 31.03.21. In case of total income up to 5 Lacs, the penalty is INR. 1,000.
  • Penal Interest u/s. 234A @ 1% per month
  • Reduced to 75%. vide Ordinance dated 31.03.20, where the payments were due between 20.03.20 to 29.06.20, and such amounts were paid on or before 30.06.20.
  • Vide CBDT Notification dt 24.06.2020, no interest u/s 234A if Self-Assessment tax liability is less than 1 Lac and the same has been paid before the original due date.
  • In case of a belated return, loss under any head of Income (except unabsorbed depreciation) cannot be carried forwarded.
  • Deduction claims u/s. 10A, 10B, 80-IA, 80-IB, etc would not be allowed.

Vide CBDT Notification dt 24.06.2020, no interest u/s 234A if Self-Assessment tax liability is less than 1 Lac and the same has been paid before the original due date.

  1. Section 5A: Apportionment of income between spouses governed by the Portuguese Civil Code.
  2.  115BBDA: Tax on dividend from companies exceeding Rs. 10 Lakhs; 115BBE: Tax on unexplained credits, investment, money, etc. u/s. 68 or 69 or 69A or 69B or 69C or 69D.
  3. Inserted in sec 139(1) by Act No. 23 of 2019, w.e.f. 1-4-2020:

Provided also that a person referred to in clause (b), who is not required to furnish a return under this sub-section, and who during the previous year:

  • has deposited an amount or aggregate of the amounts exceeding one crore rupees in one or more current accounts maintained with a banking company or a co-operative bank; or
  • has incurred expenditure of an amount or aggregate of the amounts exceeding two lakh rupees for himself or any other person for travel to a foreign country; or
  • has incurred expenditure of an amount or aggregate of the amounts exceeding one lakh rupees towards consumption of electricity; or
  • fulfils such other conditions as may be prescribed,

Shall furnish a return of his income on or before the due date in such form and verified in such manner and setting forth such other particulars, as may be prescribed.

4. Section 57: Deduction against income chargeable under the head “Income from other sources”.

5. Schedule DI: Investment eligible for deduction against income (Ch VIA deductions) to be bifurcated between paid in F.Y.19-20 and during the period 01-04-20 to 31-07-20.

6.High-value Transaction: Annual Cash deposit exceeding Rs. 1 crore or Foreign travel expenditure exceeding Rs. 2 Lakhs, Annual electricity expenditure exceeding Rs. 1 Lakh.
7.Schedule 112A: From the sale of equity share in a company or unit of equity- oriented fund or unit of a business trust on which STT is paid under Section 112A.

8. 115AD(1)(iii) proviso: for Non-Residents – from the sale of equity share in a company or unit of equity-oriented fund or unit of a business trust on which STT is paid under Section 112A.
9. Section 40(ba): any payment of interest, salary, bonus, commission or remuneration paid to a member in case of Association of Person (AOP) or Body of Individual (BOI).

10. Section 90 & 90A: Foreign tax credit in cases where there is a bilateral agreement; Section 91: Foreign tax credit in cases of no agreement between the countries.

[1] Circular No 11 of 2020 dated 08th May 2020.

References

Image Credits: Photo by Markus Winkler from Pexels

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