Monday, December 11, 2023

Hot Stove League Update: CBT Shenanigans and the Axis of Evil

As updates trickled out revealing details of the staggering contract Shohei Ohtani  agreed to with the Dodgers, something started smelling fishy in Denmark.....or somewhere.  When we first heard the majority of Ohtani's compensation was deferred most analyses assumed that meant something in the neigbhorhood of $400 M out of the $700 total.  That is already an unprecedented amount of deferred money but then the bombshell dropped today.  Turns out Ohtani is only going to get paid $20 M over the 10 year term of the contract leaving a mind-boggling $680 M deferred over the next 20 years.  

There are several obvious reasons why this arrangement is good for the Dodgers:  

1.  It is accounting dogma that future money is worth less than present money due to the relentless predictability of inflation.  

2.  There is a previously little-known loophole in the CBT rules which allows for a recalculation of AAV for a contract to something called Present Value when there is deferred money based on a devaluation of future payments due to the above-mentioned inflation.   Analysts calculate this reduces the Dodgers CBT hit from $70 M to $46 M, still a large amount but only a little more than half what the full AAV would be(I saw one calculation of $26 M which would be ridiculously small).

There seem to be two reasons why Ohtani would accept this arrangement(in fact, it was apparently suggested by him and his team):

1.  The lower AAV hit on the CBT enables the Dodgers to sign additional players...cough....cough....like Yoshinobu Yamamoto, just to name one.

2.  Ohtani is at the height of his personal marketing power.  He is reportedly earning approximately $50 M/yr in endorsements so he doesn't need the money now.  The $68 M/yr for 10 years kicks in after the contract and presumably his career ends when he will not be able to command so much in endorsements which the deferred salary payments will more than make up for(someone pointed out he also may not be living in Calfornia by then which might reduce is tax liability on the income).

You might reasonably ask how such a contract which is obviously designed to circumvent the CBT, is allowed.  Well, that is an excellent question.  Turns out there is a clause in the Basic Agreement between the MLBPA and MLB specifically prohibiting restrictions on deferred salary.  But wait!  Baggs pointed out on X that there is also a clause prohibiting contracts which are obvious attempts to circumvent the CBT.  Unfortunately I am not holding my breath that the Commissioner will step in and void the contract or charge the Dodgers the full $70 M AAV against the CBT.

My opinion is the Giants, Blue Jays and Angels all have reasons to file grievances against the contract with the Commish which they should do.

So is this the future of superstar contracts?  Probably not.  Most players do not have the gushing stream of endorsement income that Ohtani has so they are going to want as much of their money up front as possible, again because present money is almost always more valuable than future money.

There is another twist to this story involving a sweetheart deal between the twin evil empires, Dodgers and Yankees.  The Dodgers needed to clear two 40-man roster spots to accommodate Ohtani and Joe Kelly RHP who they also signed.  The Yankees just happened to have a couple of extra 40-man roster spots so they did their partners in the Axis of Evil a solid by sending them a prospect who was not on their 40-man roster, Trey Sweeney IF for the Victor Gonzalez LHP and Jorbit Vivas IF from the Dodgers.  This will probably turn out to be an inconsequential trade but Gonzalez has had some success as a reliever at the MLB level and Sweeney and Vivas appear to be legit prospects with Sweeney being a former first round draft pick in 2021.  So, if you are looking for one more reason to hate both of these despicable teams look no further.

17 comments:

  1. Interesting post Doc especially the part about the clause in the basic agreement prohibiting contracts which circumvent the CBT.. I was ok at 1st that Ohtani's AAV is projected to be $46 mil which is a record beating Max Scherzer $43 mil AAV. But it seems like this contract is clearly an attempt to circumvent the CBT. Didn't Ohtani agree to this contract to help the Dodgers add more players? The Dodgers have an extra $24 mil to sign another player. The commissioner needs to step in and have the full $70 mil count against the Dodgers CBT. I'm hating the Dodgers right now.

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  2. Going with the $46 million AAV on this that analysts estimate, then Ohtani's deal is simply a 10 year, $460 million contract. So, yeah, 10-year $700 million headlines were just Ohtani's flashy, fun little clickbait.

    It's a bit irritating, because the one thing that felt like a small saving grace in all of this was that the Bums would be at least the slightest bit hamstrung with regard to the CBT. It was always kind of a foregone conclusion that Ohtani would end up there, but the way this happened feels deceptive, wrong and slimy somehow.

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  3. It is also a way to circumvent high income taxes in California. When the payments start kicking in, he moves out of state but I think he is subject to some withholding.

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    1. Yes, I am not sure whether this would work for him. My understanding is state taxes for ballplayers are currently prorated to the percentage of games played in a given state. They have to pay state taxes in all states where they play games which sounds like a huge pain in the ass to have to do the calculations and file returns in each and every state where they play(as well as Canada?). Not sure how it would work for deferred salary.

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  4. You would think that most of the other Owners would let the Commissioner know that this should not stand.
    But, they are a Club in Themselves and watch the others backs. Although MLB is set up to make the rich richer, it's hard to see how this benefits any team except the Mets and Yankees. Hard to imagine how the Angels and Padres swallow this in their backyard.
    Pure manipulation of the Rules.
    Could thay have bought off the Commissioner in advance, maybe why it took extra days to seal the deal which wasn't concocted overnight.
    Ohtani himself was part of the cabal.
    This is Baseball's Animal Farm where New York and Los Angeles (and maybe a couple others) art the Pigs.

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  5. The Giants in 1-run games last year were 25-19 (.568, -> 92-70 which would have made the Playoffs) and were 11-5 (.688) in extra-inning games.
    In 2nd place in the NL West at the end of August, they were still in the hunt before the collapse.
    Everyone knows that the last slugger signed as a Free Agent was Barry Bonds, and he had something to prove coming to San Francisco. And he did it.
    And everyone knows that pitchers like to pitch in San Francisco.
    Pretty obvious as many have stated: do what you know how to do:
    Sign Pitchers, play defense, keep the games close, and the Giants will win their share.
    Don't waste money overpaying for hitters who get injured and/or have bad years: Sign every good pitcher you can, even bring back Manaea who was 3-1 from August 31.

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  6. @DrB - we got a notable component for your preferred off-season wish list :)
    - Jeff S

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  7. Am interesting thing about Ohtani. And a reason why he might've signed with the Dodgers. He's six years into his major league career and, at 29, while in his prime, he isn't exactly young. Six years and all the Angel teams he was in pretty much were awful. He's yet to play in a post season game. At this time, he probably wants not just a guaranteed winner, but a team guaranteed to go deep in the playoffs.

    Just an observation.

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  8. Hopefully Giants did their due diligence on Jung Hoo Lee, Uncle Roger will not be pleased if they didn't. Whats next an Australian punter

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  9. Tax man here, the deferred income will likely be taxed based off the state rules where he resides at that time he receives the deferred income. Say he moves to Florida after his 10 year contract, he can avoid state tax liability on that deferred income. He will likely save 10s of millions of dollars with this contract construction and the dodgers save money based off likely guaranteed future inflation. I hate it.

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  10. OK, they fixed the hole in CF, now get some more
    pitchers

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  11. Like the move for LEE..don't care about the price...Great D and hopefully the bat plays..Now get 2 pitchers..one top one, hopefully Yamamoto but not holding my breath, and a 2nd tier one....then trade for a bigger bat...Got plenty of assets to get it done...LEE is a good start..

    SteveVA

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  12. FZ is saying Ohtani talked to the Giants about the same deal, and they were fine with it … he reportedly said something to the effect that at that point, the decision came down to personal preferences about his choice of where he wanted to play.

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    1. Reading the articles becoming public, I honestly don't think FZ showing he tried for Ohtani means anything. In fact, I think it showed he was foolish for wasting his time on a player that, no matter the offer, was never going to sign for SF. at this time...Does the same happen with Yamamoto? Hope not..He would make a great addition along with LEE..

      SteveVA

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    2. Maybe FZ's pursuit contributed to forcing the Dodgers to overpay?(although I am not sure overpaying has any meaning for the Dodgers). BTW, this is looking to me more like Ohtani's grand retirement planning scheme. It really sounds like he truly wanted to defer most of it, not so much because it lowered the CBT hit for the team but because he wanted to extend his peak earning power an extra decade.

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  13. The contract doesn’t circumvent the salary cap. It really does come down to $46M a year in actual value (current prime rate makes a big difference). And all that counts against the cap. It isn’t nefarious.

    I was right btw that Giants offered the same deal.

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    1. With all due respect to you and Tim Dierkes of MLBTR, it is quite obviously designed to circumvent the cap and Ohtani's camp presented it to the teams as such.

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