NBA Salary Cap/Collective Bargaining Agreement FAQ

www.cbafaq.com
 Copyright © 1999-2008, Larry Coon

7/22/08: Revised question 33.

This FAQ is for members of the media and fans of the NBA who want to know more about the salary cap, trade rules, and other aspects of the NBA's 2005 Collective Bargaining Agreement.  There is a lot of information here, so there are several ways to navigate this document.  You can go to the table of contents to see a list of all the questions, or if you want to know about a particular topic you may be able to find it in the index.  You can also go straight to the questions.  You can find an overview of the differences between the 2005 and 1999 CBAs in the appendix.  If you've been following this FAQ for a while, you can go to the revision history to see if anything has changed.  Finally, you can see who wrote this thing or view the copyright notice.  Enjoy!


Table of Contents
  1. What is a salary cap?  Why have one?
  2.  
  3. What is a soft cap?  What is the difference between a soft cap and a hard cap?  Which does the NBA have?
  4.  
  5. Why have a soft cap?
  6.  
  7. What is the Collective Bargaining Agreement?
  8.  
  9. How long has the current CBA been in effect?  When will it expire?
  10.  
  11. They came to an amicable agreement in 2005.  What happened in 1999?

  12. What changes did they make in the 2005 CBA?
  13.  
  14. What percentage of revenues do the players receive?
  15.  
  16. Has there always been a salary cap?

  17. How is the salary cap set each year?
  18.  
  19. What are the players' salary restrictions?
  20.  
  21. Are there exceptions to the maximum salary?
  22.    
  23. What is included in Basketball Related Income (BRI)?
  24.  
  25. Exactly what is included when computing total team salaries?
  26.  
  27. How does the escrow system work?  What is it for?
  28.  
  29. What is the "luxury tax?"  Why does it exist?  How is it determined?  Who pays it?  

  30. Who gets the escrow and luxury tax money?

  31. What is the luxury tax amnesty provision?
  32.  
  33. Are there exceptions to the salary cap?
  34.  
  35. How do exceptions count against the cap?  Does being under the cap always mean that a team has room to sign free agents?  Do teams ever lose their exceptions?
  36.  
  37. If a team has more than one exception available to sign a particular player, are there any rules regarding which one it has to use?
  38.  
  39. Can a team circumvent the salary cap by paying a player less but arranging for an affiliated company to also pay him, perhaps by way of an endorsement contract?
  40.  
  41. Do players and teams ever have under-the-table agreements?  What happens when the league finds out about them?  Is this what happened with the Timberwolves and Joe Smith?
  42.  
  43. How is "average salary" defined?
  44.  
  45. How long must a player be with one team before the Larry Bird exception can be used?
  46.  
  47. Why a three-year wait before gaining Bird rights?
  48.  
  49. Does the Larry Bird exception mean that free agents can be signed and not count against the cap?
  50.  
  51. I just saw that a team signed a player for more money than it has under the cap.  It was another team's free agent, so the Larry Bird exception wasn't used.  What gives?
  52.  
  53. Can a team sign all the free agents it wants (up to the cap limit) and THEN re-sign its own free agents using the Bird exception?
  54.  
  55. How much do free agents count against their team's salary cap?
  56.  
  57. Why do free agents continue to count against a team's cap?
  58.  
  59. When do free agents stop counting against the team's cap?
  60.  
  61. What does renouncing a player mean?
  62.  
  63. Can the renouncement be renounced?  In other words, can a team un-renounce a player and then sign him using a Bird exception?
  64.  
  65. Let's say a team arranges for all of its players to become free agents at the same time.  If they renounce everybody, do they then have a salary total of $0 and a full cap under which to work?
  66.  
  67. What is restricted free agency?

  68. What is the "Gilbert Arenas" provision?

  69. Haven't some restricted free agents gotten away anyway?  How did this happen?

  70. What if a restricted free agent has no interest in staying with his original team?  Is there any way he can force the issue?
  71.  
  72. Does a team receive compensation when another team signs their free agent, like in some other sports?
  73.    
  74. First round draft picks operate under a different set of rules?
  75.  
  76. What if the team and player can't agree to a contract? What options does the player have?  How long does the team keep his draft rights?
  77.  
  78. Do draft picks count against the team's salary cap? If so, how much?
  79.  
  80. What if a team likes its first round pick and wants to sign him, but either feels he isn't worth the scale salary or doesn't want to commit to a long contract?
  81.  
  82. If a first round draft pick is renounced, is he still bound to the salary scale for a first round pick?
  83.  
  84. Is there a limit to the length of a contract or the raise a player can receive?
  85.  
  86. Are raises compounded? In other words, is each raise a percentage of the previous season's salary?
  87.  
  88. Are there restrictions based on a player's age?

  89. What is the Over-36 Rule?
  90.  
  91. What are option clauses?  What kind of option clauses are there?
  92.  
  93. Can existing contracts be extended?
  94.  
  95. Can existing contracts be renegotiated?
  96.  
  97. How do retired players count against the cap?

  98. What are waivers?

  99. Do released players count against the cap?  What is set-off?
  100.  
  101. Do injured players count against the cap?
  102.  
  103. What about suspended players?  How do they count against the cap?  Can teams suspend players for any reason?
  104.  
  105. How do players who die count against the cap?
  106.  
  107. What is a contract buy-out?
  108.  
  109. How do buy-outs affect a team's salary cap?
  110.  
  111. Can incentives be built into a contract?  How do they count against the cap?
  112.  
  113. How about signing bonuses?  Are they allowed?  How do they count against the cap?
  114.  
  115. Are teams really competing on a level playing field?  Since the tax rate is different in the different states and Canada, don't the teams in a more "tax friendly" state have an advantage over the other teams?
  116.  
  117. What roster size limits exist?  What is the Inactive List?  What is Injured Reserve?
  118.  
  119. What is a 10-day contract?
  120.  
  121. What is the NBA Developmental League (NBADL)?
  122.    
  123. What are the rules regarding trades?

  124. What is the Traded Player exception?

  125. What is a non-simultaneous trade?
  126.    
  127. How are minimum-salary players handled in trades?

  128. How are draft picks handled in trades?
  129.  
  130. Can exceptions be combined when making trades?
  131.  
  132. What is "Base Year Compensation?"  How does base year compensation affect trades?  Why does it exist?
  133.  
  134. How does a base year player's salary count against the team's salary cap?
  135.  
  136. Whenever I read about prospective trades involving base year players, they say a third team must get involved.  Why?  Can't a base year player be traded in a two-team trade?
  137.  
  138. Can a free agent be signed and immediately traded?
  139.  
  140. Can a team sign a player using the sign-and-trade rule and then say, "Ha ha, we fooled you.  We're not trading you!"?
  141.  
  142. Why would teams or players want to do a sign-and-trade?
  143.  
  144. Sign-and-trade looks like a win-win proposition. But some players have signed smaller contracts as free agents, rather than do a sign-and-trade.  Why?
  145.  
  146. When can a team trade a free agent it signs?  Do they have to keep him forever?
  147.  
  148. Can a team trade the rights to a free agent, so the other team will inherit his Larry Bird rights?
  149.  
  150. Can cash be included as part of a trade package?
  151.  
  152. Can players be given a bonus when they are traded?
  153.  
  154. How do trade bonuses affect the salary cap and trades?
  155.  
  156. When can't a player be traded?  Can players be given "no-trade" clauses in their contracts?
  157.  
  158. I keep hearing about teams wanting to acquire "ending contracts" in trades.  What are they, and why are they so valuable?
  159.  
  160. Can teams find loopholes in the CBA and make trades that were never intended to be allowed?
  161.    
  162. What is the trading deadline?
  163.  
  164. What is the July Moratorium?
  165.  
  166. Are contracts always guaranteed?
  167.  
  168. What is tampering?

  169. How much are players fined for technical fouls and ejections?  Where does the money go?
     
  170. How does it work when the league expands?
  171.  
  172. How do I find out the salary for a specific player?

  173. The league instituted a dress code for players.  Do they have the right to do that?
  174.  
  175. Are there other must-read web sites for the budding capologist?
  176.  
  177. What are the important CBA-related dates each season?
  178.  
  179. Can I get a copy of the actual Collective Bargaining Agreement?
  180.  
  181. I see reports in the newspaper or on the Internet that would be impossible if everything you say here is true.  Is this FAQ wrong?

  182. What if this FAQ really is wrong?  How authoritative is this FAQ?
  183.  
  184. Can I e-mail you with other CBA-related questions?
  185.  
  186. Can this FAQ be reproduced or distributed?  Can I link my web page to it?

  187. Can you translate this FAQ into (name of language)?  I'll even translate it for you!

  188. How should this FAQ be cited?

  189. Where can this FAQ be downloaded?

Acknowledgements

Copyright Notice

Index

Revision History



1.  What is a salary cap?  Why have one?

A salary cap is a limit on the amount teams can spend on player contracts, which helps to maintain competitive balance in the league. Without a salary cap, teams with deeper pockets can simply outspend the remaining teams for the better free agents. The basic idea is that a team can only sign a free agent if the total payroll for the team will not exceed the salary cap. So a team with deep pockets is playing on a level playing field with every other team.

The evidence bears this out: For the 2001-02 NBA season, the correlation between team payroll and regular season wins was about 0.13.  In other words, there is nearly no correlation between salary and wins.  By comparison, MLB (with no salary cap) had a much stronger correlation of 0.43 for its 2002 season.



2.  What is a soft cap?  What is the difference between a soft cap and a hard cap?  Which does the NBA have?

The NBA has a soft cap. A hard cap doesn't allow the cap to be exceeded for any reason. A soft cap, which the NBA has, contains exceptions which allow teams to exceed the cap under certain conditions. In fact, historically very few teams are ever under the cap during a season.



3.  Why have a soft cap?

The basic idea is to try to promote players' ability to stay with their current teams. Nobody likes it when a player plays with a team his entire career, the fans love him, he wants to stay and the team wants to keep him, but he has to leave because the team is unable to offer him a large enough contract. The exceptions under a soft cap allow teams to keep players under these kinds of circumstances.



4.  What is the Collective Bargaining Agreement?

It's the legal contract between the league and the Players Association that sets up the rules by which they all operate. (It's commonly abbreviated as "CBA," which is not to be confused with the Continental Basketball Association.  The abbreviation CBA will be used in the remainder of this document.)

The CBA defines the salary cap, the procedures for determining how it is set, the minimum and maximum salaries, the rules for trades, the procedures for the NBA draft, and hundreds of other things that need to be defined in order for a league like the NBA to function.

Incidentally, the CBA is also what prevents the NBA from being in violation of antitrust laws. Many of the NBA's practices (salary cap, draft, etc.) would violate the Sherman act were the CBA not arrived at through collective bargaining.



5.  How long has the current CBA been in effect?  When will it expire?

The current CBA has been in effect since July 2005, succeeding the previous agreement which was in effect from 1999 to 2005.  The agreement will expire following the 2010-11 season, although the league has the option to extend it through the 2011-12 season.  The league must exercise its option to extend the agreement by December 15, 2010. The CBA may be terminated early under certain conditions:

6.  They came to an amicable agreement in 2005.  What happened in 1999?

Although it looked for a while like a lockout would be unavoidable, the two sides agreed on principal terms of the new CBA in late June 2005.  The only ramification was that the July moratorium was extended a couple of weeks while the agreement was finalized and ratified.  A lockout was avoided, and no games were lost.

The sides were not so fortunate when negotiating the previous agreement.  The 1995 CBA allowed the league to terminate the agreement if the players' salaries exceeded 51.8% of projected revenues.  In 1997-98 they were 58%, and the league opted out.  The league then tried to put more severe salary restrictions in place. The players fought against any salary restrictions.  On July 1, 1998 (the start date of the 1998-99 season) the league imposed a lockout, which lasted into the season.  The two sides eventually compromised, agreeing to the 1999 CBA just days before their drop-dead date for canceling the season entirely, and a compacted 50-game season was played.



7. 
What changes did they make in the 2005 CBA?

Please see the appendix for a summary of the differences between the 2005 and 1999 CBAs.  The appendix includes links to questions with additional information.

In addition, the final version of this FAQ for the 1999 CBA may be found at http://members.cox.net/lmcoon/salarycap99.htm.



8.  What percentage of revenues do the players receive? 

Contracts are individually negotiated between players and teams, and several factors control the amount each player can receive.  Collectively, the players are guaranteed to receive at least 57% of revenues in salaries & benefits.  If it's ever less, the league cuts a check to the Players Association after the season for distribution to the players.

There is also an escrow system that helps to limit the money the players receive to a specific percentage of revenue.  See question number 15 for details.



9. 
Has there always been a salary cap?

It may surprise you to learn that the NBA first had a salary cap in 1946-47, its first season.  The cap that season was $55,000, with most players earning between $4,000 and $5,000.  Star player Joe Fulks earned $8,000, and Tom King earned a league-highest $16,500 for his combined duties as player, publicity director and business manager for the Detroit Falcons.

The "modern" NBA salary cap began in 1984-85, at $3.6 million. It made steady but gradual increases of around $1-2 million each season until 1994-95, when it was $15.964 million. Armed with a big TV contract from NBC, the salary cap jumped to $23.0 million in 1995-96, and increased to $26.9 million in 1997-98, the last season of the 1995 CBA (a 747% increase in 13 years).  The ABC/ESPN TV contract which took effect with the 2002-03 season provided $4.6 billion over six years, but less in 2002-03 than NBC paid in 2001-02.  As a result, the salary cap went down for the first time ever in 2002-03.




10.  How is the salary cap set each year?

Each July the league projects Basketball Related Income (BRI) and benefits for the upcoming season.  They take a defined percentage of projected BRI (see the chart below), subtract projected benefits (about $112 million in 2005-06), and make adjustments based on whether the previous season's BRI was above or below projections.  They then divide by the number of NBA teams (except expansion teams in their first two seasons) to arrive at the cap.  The salary cap adjusts each year on the first day following the July Moratorium (see question number 89).

Note that adjusting based on whether the previous season's BRI was above or below projections creates a pattern where the salary cap increases significantly one year, and barely moves (or even decreases) the next.  This effect was more pronounced in the previous CBA, where lump-sum payments for such things as local media contracts counted fully in the year in which they were received.  The current CBA addressed this problem by mandating that lump-sum payments will be applied evenly across all of the salary cap years covered by a contract.  However, adjustments from the previous CBA (such as a $74 million increase in BRI in 04-05 attributable to the Lakers' local cable revenue) created a rebound effect that will last well into the current CBA.

Season Defined percentage of BRI
Actual salary cap
2005-06 49.5%*
$49.5 million ($37.125 million for the Charlotte Bobcats)
2006-07
51%
$53.135 million
2007-08 51% $55.63 million
2008-09 51% $58.68 million
2009-10 51%
2010-11
51%
2011-12
51%  

* The league and Players Association agreed to use a figure of $49.5 million for the 2005-06 cap, rather than the calculated figure (which would have resulted in a salary cap of $50.9 million).

At the other end of the spectrum there is a minimum team salary, which is defined as 75% of the salary cap.  Any team that doesn't spend at least that much is surcharged at the end of the season, and that money is given to the players.  In practice, most teams' salaries will be higher than the salary cap amount.



11.  What are the players' salary restrictions?

There are both minimum and maximum salaries, and both are based on how long the player has been in the league.  The minimum salaries scale upward each season.  Here are the minimum salaries:

 
Years in NBA**
2005-06
2006-07
2007-08
2008-09
2009-10
2010-11
2011-12
0 $398,762
$412,718
$427,163
$442,114
$457,588
$473,604
$490,180
1 $641,748
$664,209
$687,456
$711,517
$736,420
$762,195
$788,872
2 $719,373
$744,551
$770,610
$797,581
$825,497
$854,389
$884,293
3 $745,248
$771,331
$798,328
$826,269
$855,189
$885,120
$916,100
4
$771,123
$798,112
$826,046
$854,957
$884,881
$915,852
$947,907
5
$835,810
$865,063
$895,341
$926,678
$959,111
$992,680
$1,027,424
6
$900,498
$932,015
$964,636
$998,398
$1,033,342
$1,069,509
$1,106,941
7
$965,185
$998,967
$1,033,930
$1,070,118
$1,107,572
$1,146,337
$1,186,459
8
$1,029,873
$1,065,918
$1,103,225
$1,141,838
$1,181,803
$1,223,166
$1,265,976
9
$1,035,000
$1,071,225
$1,108,718
$1,147,533
$1,187,686
$1,229,255
$1,272,279
10+
$1,138,500
$1,178,348
$1,219,590
$1,262,275
$1,306,455
$1,352,181
$1,399,507

And here are the league-wide maximum salaries:
 
Years in NBA** Defined maximum salary 2005-06
2006-07
2007-08
2008-09
0 $9,000,000 or 25% of cap* $12,000,000 $12,455,000
$13,041,250
$13,758,000
1 $9,000,000 or 25% of cap* $12,000,000 $12,455,000 $13,041,250
$13,758,000
2 $9,000,000 or 25% of cap* $12,000,000 $12,455,000 $13,041,250
$13,758,000
3 $9,000,000 or 25% of cap* $12,000,000 $12,455,000 $13,041,250
$13,758,000
4 $9,000,000 or 25% of cap* $12,000,000 $12,455,000 $13,041,250
$13,758,000
5 $9,000,000 or 25% of cap* $12,000,000 $12,455,000 $13,041,250
$13,758,000
6 $9,000,000 or 25% of cap* $12,000,000 $12,455,000 $13,041,250
$13,758,000
7 $11,000,000 or 30% of cap* $14,400,000 $14,946,000
$15,649,500
$16,509,600
8 $11,000,000 or 30% of cap* $14,400,000 $14,946,000 $15,649,500
$16,509,600
9 $11,000,000 or 30% of cap* $14,400,000 $14,946,000 $15,649,500
$16,509,600
10+ $14,000,000 or 35% of cap* $16,800,000
$17,437,000
$18,257,750
$19,261,200

* whichever is greater.  They use a different cap calculation to determine the maximum salaries, which is based on 48.04% of projected BRI.  For example, even though the actual salary cap for 2005-06 is $49.5 million the 0-6 year maximum salary is $12 million, not $12.375 million.  Note that as with the salary cap itself, they appear to have used hard figures for 2005-06, rather than applying their formula.

** A player is credited with a year of service for each season in which he is on a team's active list or inactive list for at least one day during the regular season.

Players' maximum salaries are never less than 105% of their previous salary.  For example, a ten-year veteran who earned $20 million in 2006-07 has a maximum salary of $22.1 million in 2007-08, even though that is above the league-wide maximum.  A free agent does not need to remain with the same team in order to receive 105% of his previous salary, although the team that signs him is subject to the same salary cap restrictions as with any other free agent.

In addition, up to 30% of a player's compensation can be deferred.  Deferred compensation is included in team salary in the season in which it is earned, not the season in which it is paid.

When a player has been in the NBA for three or more seasons, and is playing under a one-year, ten-day or rest-of-season contract, the league actually reimburses the team for part of his salary - any amount above the minimum salary level for a two-year veteran.  For example, in 2005-06 the minimum salary for a two-year veteran is $719,373, so for a ten-year veteran, with a minimum salary of $1,138,500, the league would reimburse the team $419,127.  Only the two-year minimum salary is included in the team salary, not the player's full salary.  They do this so teams won't shy away from signing older veterans simply because they are more expensive when filling out their last few roster spots.

First round draft picks have a more restrictive salary scale, based on their draft position (see question number 38 for more information).



12.  Are there exceptions to the maximum salary?

Yes. In multi-year contracts, only the first season's salary is subject to the maximum (but there are restrictions about how big raises can be from year to year).

For players whose contracts were signed prior to the current CBA (i.e., prior to July, 2005) it is possible for a trade bonus (see question number 83) to to increase the salary above the maximum.



13.  What is included in Basketball Related Income (BRI)?

Basketball Related Income (BRI) essentially includes any income received by the NBA, NBA Properties or NBA Media Ventures.  This includes:
Some of the things specifically not included in BRI are proceeds from the grant of expansion teams, fines, and revenue sharing (e.g. luxury tax).



14.  Exactly what is included when computing total team salaries?

When determining team salaries (for example, to determine whether a team is over the salary cap), the following are included: If a team completes a mid-season trade, then the entire season salaries of any players they acquire are included in their team salary, and the entire season salaries of any players they trade away are removed from their books.

The following are not included in team salaries:
The following questions contain additional information describing when and how player salaries are applied to team salary: 16, 27, 30, 31, 32, 33, 35, 37, 43, 53, 55, 56, 57, 60, 61, 62, 74, 84, 93



15.  How does the escrow system work?  What is it for?

The escrow system tries to ensure that salaries & benefits do not exceed a designated percentage of BRI.  The designated percentage is 57% in each season, however:

* BRI was $3.037 billion in 2004-05.

In order to keep salaries & benefits at or below the designated percentage, money is withheld from players' paychecks and deposited into an escrow account.  At the end of each season they compare the league-wide salaries & benefits to the designated percentage of BRI to see if there was an overage.  If there was not an overage, then all of the money in escrow (i.e., the full value of their contracts) is given to the players.  But if there was an overage, then the overage amount is returned to the owners (which lowers salaries back to the designated percentage), and the players get the remainder (if any).  The amount withheld is a designated percentage of salaries:

Season
Salary withheld in escrow
2005-06
10%
2006-07
9%
2007-08
9%
2008-09
9%
2009-10
9%
2010-11
8%
2011-12
8%

They deduct the escrow funds based on salaries, and reconcile at the end of the season based on salaries and benefits.  It is possible, by virtue of not deducting for benefits, that they find themselves at the end of the season with insufficient escrow funds to cover the overage.  If this happens, then the discrepancy is made up by deducting extra money from the players the following season.

Here are some examples to illustrate what could happen in the escrow process.  In Example A there is not an overage.  In Example B there is an overage, but the escrow withheld is sufficient to reduce salaries to the designated percentage.  In Examples C there is an overage, which the escrow withheld is insufficient to cover.


Example A
Example B
Example C
BRI: $3.000 billion $3.000 billion
$3.000 billion
Designated percentage of BRI:
57%
57%
57%
Designated percentage amount:
$1.710 billion
$1.710 billion
$1.710 billion
Salaries: $1.600 billion  $1.710 billion
$1.810 billion
Benefits:
$100 million
$100 million
$100 million
Salary held in escrow (%):
10%
10%
10%
Amount held in escrow: $160 million $171 million
$181 million
Overage (amount salaries & benefits
exceeded designated percentage):
$0 $100 million
$200 million
Returned to owners (overage amount):  $0
$100 million
$191 million
Given to players (remainder of escrow):  $160 million $71 million
$0

In Example A, salaries & benefits are within the designated percentage, so the escrow money isn't needed and the players get to keep it all.  In Example B the escrow system successfully lowers salaries back down to the designated percentage, and the players get to keep what's left.  In Example C the escrow money isn't enough to lower salaries back down to the designated percentage.  The players can't lose more than 10% of their salary and benefits, so the owners are owed $191 million.  However only $181 million was deposited into escrow, so the players still owe $10 million, which represents 10% of benefits.  The additional $10 million is deducted from player salaries the following season.

Here is what actually happened in each season:


2005-06
2006-07

2007-08

BRI: $3.174 billion $3.384 billion
$3.519 billion
Designated percentage of BRI:
57%
57%
57%
Designated percentage amount:
$1.809 billion
$1.929 billion
$2.006 billion
Salaries: $1.890 billion  $1.971 billion
$2.054 billion
Benefits:
$70 million
$113 million
$115.0 million
Salary held in escrow (%):
10%
9%
9%
Amount held in escrow: $189 million $177 million
$184.9 million
Overage (amount salaries & benefits
exceeded designated percentage):
$151 million
$155 million
$163.4 million
Retained by NBA (overage amount):  $151 million
$155 million
$163.4 million
Given to players (remainder of escrow):  $38 million $22 million
$21.5 million

Question number 17 describes how the escrow money is distributed to the teams.



16.  What is the "luxury tax?"  Why does it exist?  How is it determined?  Who pays it?

The luxury tax is a mechanism that helps control team spending.  While it is commonly referred to as a "luxury tax," the CBA simply calls it a "tax" or a "team payment."  It is paid by high spending teams -- teams whose payroll exceeds a predetermined tax level.  These teams pay one dollar for each dollar their payroll (with a few exceptions, see below) exceeds the tax level  The tax level is determined prior to the season, and is computed by taking 61% of projected BRI, subtracting projected benefits ($112 million in 2005-06), and adjusting for whether the previous season's BRI was above or below projections.  They then divide by the number of teams (except expansion teams in their first two seasons) to arrive at the tax level.  Here are the tax levels in each season, and the teams that paid the tax:

Season
Tax Level
Taxpaying Teams (amount paid in $millions)
2005-06
$61.7 million*
Knicks ($37.2), Mavs ($17.3), Magic ($7.8), Pacers ($4.7), Grizzlies ($3.7), Spurs ($0.9)
2006-07
$65.42 million
Knicks ($45.1), Mavs ($7.2), Nuggets ($2.0), T-Wolves ($1.0), Spurs ($0.2)
2007-08
$67.865 million
Knicks ($19.7), Mavs ($19.6), Cavs ($14.0), Nuggets ($13.6), Heat ($8.3), Celtics ($8.2), Lakers ($5.1), Suns ($3.9)
2008-09 $71.150 million  

* For 2005-06 they used a set amount of $61.7 million rather than applying the formula.  Had the formula been used, the tax level would have been approximately $63.7 million.

In the previous CBA, the tax system served as a supplement to the escrow system (see question number 15).  The idea was that the tax was triggered when (and only when) payrolls were so high that escrow didn't lower salaries to the designated percentage of BRI.  When this happened, the high spending teams (i.e., the teams most responsible for the players' salaries being so high) made up the difference.  No team would pay any tax, no matter how high their payroll, if the tax was not triggered league-wide.  With the current CBA the escrow and tax systems are disconnected -- the tax is guaranteed in every season, even when escrow is successful in lowering salaries to the designated percentage.

In addition to guaranteeing the tax in every season, the 2005 CBA made an important change to remove the uncertainty which was previously associated with the luxury tax.  In the previous CBA the tax level was set after the season based on the actual revenues and expenditures for the just-completed season.  This meant that teams needed to make their roster decisions based on their own projections for league-wide revenues and expenditures which wouldn't be determined for another year.  The current CBA sets the tax level prior to the season based on league revenue projections.  Teams now know ahead of time exactly what the tax level will be, and where their payroll sits in relation to it.

When determining the amount of tax a team owes, the league uses its team salary (see question number 14) on the date of their last regular season game (i.e., if a player is traded before the end of the season, then none of his salary is taxed), with the following adjustments:

Where does the tax money go?  This is described in question number 17.



17.  Who gets the escrow and luxury tax money?

As described in question number 15, if the salaries and benefits exceed a designated percentage of revenue for that season, then some of the players' salary is returned to the teams.  Also, as described in question number 16, high-spending teams will pay additional money to the league in the form of a "luxury tax."  The money collected from escrow and luxury tax may be distributed to teams or used for league purposes, subject to certain rules.  Note that in some cases, taxpaying teams receive more than enough money to offset the luxury tax they pay.

The distribution rules are different for escrow money and tax money:

Escrow money:

Tax money:

"League purposes" may include investing in some venture, or it may include distributing money back to teams.  If money goes to teams, the distribution must not be based on the teams' team salaries (see question number 14) or whether the teams are taxpayers.  In other words, it cannot become a disincentive for teams to spend money on players, which would constitute a secondary form of salary restraint.  An example of an acceptable "league purpose" in which money goes to teams would be a revenue assistance plan designed to subsidize teams that lose money, provided that a team's entitlement is based on a profit/loss/expenses computation that assumes all teams have the same team salary, and the assistance payment is limited to the team's actual losses.

Since the previous CBA required teams to project league revenues a year in advance when making their roster decisions, a "cliff smoothing" provision was set up to provide teams a margin of error.  Under this provision, for the first few million dollars above the tax level, distributions were phased-out (i.e., teams didn't "fall off a cliff" and lose their distribution for barely exceeding the tax level).  Now that the tax level is set in advance, and teams know the tax level before they begin signing contracts, this margin of error is no longer required and so the cliff provision was eliminated.  Now there effectively will be a hit (about $1.9 million in 2006-07) as soon as a team crosses the tax level.

To understand the consequence, consider two teams that suffer injuries during the 2005-06 season, each needing to sign a replacement player.  Team A is $500,000 above the tax level, and Team B is $500,000 below the tax level.  For this example we'll assume the players sign for $719,373 (the minimum salary for a player with two years of service in 2005-06), and the tax distribution for the non-taxpaying teams is $2.4 million.  To sign their player, Team A must pay $719,373 in salary and $719,373 in additional tax, for a total of $1,438,746.  Team B, on the other hand, now becomes a taxpayer.  They pay the same $719,373 in salary plus $219,373 in tax (remember, they were previously $500,000 below the tax level), and they also forfeit their $2.4 million tax distribution, so the total cost to them is $3,338,746.  So for Team B, the tax penalty isn't 100%; it's more than 250%.  They can't even sign a cheaper player -- for tax purposes, players with fewer than two years of service are taxed at the two-year minimum amount.

Here is what actually happened to the escrow and tax money in each season:


2005-06
2006-07

2007-08

BRI:
$3.174 billion
$3.384 billion

$3.519 billion

Designated percentage:
$1.809 billion (57% of BRI)
$1.929 billion
$2.006 billion
Total salaries and benefits:
$1.960 billion
$2.084 billion $2.169 billion
Escrow collected:
$189 million
$177 million
$184.9 million
Overage:
$151 million (salaries & benefits minus designated percentage)
$155 million
$163.4 million
Escrow share per team:
$5,039,080
$5,181,997
$5,448,026
Tax level:
$61.7 million
$65.42 million
$67.865 million
Total tax collected:
$71,642,951
$55,564,006
$92,454,198
Tax share per team:
$2,388,098 (1/30 total tax, distributed only to non-taxpaying teams)
$1,852,134
$3,081,807
Undistributed funds:
$14,328,590
$9,260,670
$24,654,444

In 2005-06, the league used all of the undistributed tax funds and none of its escrow funds to fund their revenue assistance plan.  In 2006-07 it used all of the undistributed tax funds and about $20.7 million of the escrow funds for this purpose.  In 2007-08 it used all of the undistributed tax funds and $5.3 million of "distributions from League entities." The use of escrow money in 2006-07 reduced each team's escrow share to $4,490,685.



18.  What is the luxury tax amnesty provision?


This was a one-time opportunity for teams to waive one player and avoid having that player count in the team's luxury tax computation.  Teams had the opportunity to use this provision between August 2nd and 15th, 2005 (right after the CBA went into effect).  It could be used only for players signed or acquired prior to June 21, 2005, or for players already waived when the current CBA went into effect.  A team could waive only one player using this provision.

Players waived using this provision are not counted in the team's team salary (see question number 14) when computing the amount of luxury tax the team owes (see question number 16).  For example, if a team waived a player with a $10 million salary, and ended up $15 million over the tax level, then they would only owe $5 million in luxury tax (saving $10 million).  However, the tax savings does not necessarily equal the player's salary -- if the team ended up just $3 million over the tax level then they would only save $3 million (owing no tax at all).  If they ended up below the tax level, then there is no tax to be paid so they wouldn't realize any savings at all.  On the other hand, it's possible for the net savings to exceed the player's salary.  If a team's amnesty cut takes them from above the tax level to below it, then in addition to not owing any tax they will also receive a tax distribution.

The amnesty provision only affects the team's tax obligation.  The team must continue to pay the player, his salary continues to count against their salary cap, and all other salary calculations are unaffected.  However, the team may not re-sign or re-acquire the player for the length of the terminated contract.  In all other respects, the player is treated just like any other waived player (see question number 54 for more information on waivers).

Although the amnesty provision was informally referred to as the "Allan Houston provision," the Knicks chose not to use it on Houston.  The actual list of players on whom the amnesty provision was used is (* = players who were previously waived): Derek Anderson (Blazers), Vin Baker* (Celtics), Troy Bell* (Grizzlies), Calvin Booth (Bucks), Doug Christie (Magic), Derrick Coleman* (Pistons), Howard Eisley* (Suns), Michael Finley (Mavericks), Brian Grant (Lakers), Fred Hoiberg (Timberwolves), Aaron McKie (76ers), Ron Mercer (Nets), Reggie Miller* (Pacers), Alonzo Mourning* (Raptors), Wesley Person* (Heat), Eddie Robinson* (Bulls), Clarence Weatherspoon (Rockets), Jerome Williams (Knicks).  The Bobcats, Cavs, Clippers, Hawks, Hornets, Jazz, Kings, Nuggets, Sonics, Spurs, Warriors and Wizards did not utilize this provision.



19.  Are there exceptions to the salary cap?

Yes.  Teams are not allowed to be over the salary cap, unless they are using one of these exceptions:

LARRY BIRD EXCEPTION
-- This is the best known one.  Players who qualify for this exception are called "Qualifying Veteran Free Agents" in the CBA, and this exception is a component of the Veteran Free Agent exception.  This exception allows teams to exceed the salary cap to re-sign their own free agents, up to the player's maximum salary. The player must have played for three seasons without being waived or changing teams as a free agent. This means a player can obtain "Bird rights" by playing under three one-year contracts, a single contract of at least three years, or any combination. It also means that when a player is traded, his Bird rights are traded with him, and his new team can use the Bird exception to re-sign him.  These contracts can be up to six years in length.  A player can receive raises up to 10.5% of the salary in the first season of the contract.  This exception is known as the Larry Bird exception because the Celtics were the first team allowed to exceed the cap to keep their own free agent, and the player happened to be Bird.

There is one more limit to the maximum salary that can be given using the Larry Bird exception.  If the player was a first round draft pick and just completed the third year of his rookie scale contract, but his team did not exercise their option to extend the contract for the fourth season (see question number 41), then this exception cannot be used to give him a salary greater than he would have received had the team exercised their fourth year option.  In other words, teams can't decline the option in order to get around the salary scale and give the player more money.

Starting January 10 of each season, this exception begins to reduce in value.  See question number 20 for details.

EARLY BIRD EXCEPTION -- This is a weaker form of the Larry Bird exception, and is also a component of the Veteran Free Agent exception.  Players who qualify for this exception are called "Early Qualifying Veteran Free Agents" in the CBA.  A player qualifies for this exception after playing two seasons without being waived or changing teams as a free agent. Using this exception, a team may re-sign its own free agent for 175% of his salary the previous season or the average player salary, whichever is greater (see question number 24 for the definition of "average salary."  Also note that for 2005-06 they used a defined figure of $5 million).  Early Bird contracts must be for at least two seasons (which limits this exception's usefulness -- it's often better to take a lower salary for one more season and then have the full Bird exception available the next season) and no longer than five seasons.  A player can receive raises up to 10.5% of the salary in the first season of the contract using this exception.

If the player was a first round draft pick and just completed the second year of his rookie scale contract, but his team did not exercise their option to extend the contract for the third season (see question number 38), then this exception cannot be used to give him a salary greater than he would have received had the team exercised their third year option.  In other words, teams can't decline the option in order to get around the salary scale and give the player more money.

If the player is a restricted free agent with two years of service and receives an offer sheet from a new team, the player's prior team may use the Early Bird exception to match the offer sheet (see question number 36 for restricted free agency).

Starting January 10 of each season, this exception begins to reduce in value.  See question number 20 for details.

NON-BIRD EXCEPTION -- This is also a component of the Veteran Free Agent exception.  Players who qualify for this exception are called "Non-Qualifying Veteran Free Agents" in the CBA.  They are veteran free agents who are neither Qualifying Veteran Free Agents nor Early Qualifying Veteran Free Agents, either because they haven't met the criteria, or because they are Early Bird free agents following the second season of their rookie scale contract and whose team renounced the Early-Bird exception.  This exception allows a team to re-sign its own free agent to a salary starting at 120% of the player's salary in the previous season, 120% of the minimum salary, or the amount needed to tender a qualifying offer (if the player is a restricted free agent -- see question number 36), whichever is greater.  Raises are limited to 8% of the salary in the first year of the contract, and contracts are limited to five seasons when this exception is used.

Starting January 10 of each season, this exception begins to reduce in value.  See question number 20 for details.

MID-LEVEL SALARY EXCEPTION --  This exception allows a team to sign any free agent to a contract equal to the average salary, even if they are over the cap (see question number 24 for the definition of "average salary."  Also note that for 2005-06 they used a defined figure of $5 million).  This exception may be split and given to multiple players.  It may be used for contracts of up to five years in length, and raises are limited to 8% of the salary in the first year of the contract.  Signing a player to a multi-year contract does not affect a team's ability to use this exception every year.  For example, a team can sign a player to a five-year contract using this exception and still use the exception the following year to sign another player.  Also see question number 20 for more information on the availability and use of this exception.

If the player is a restricted free agent with one or two years of service and receives an offer sheet from a new team, the player's prior team may use the Mid-Level exception to match the offer sheet (see question number 36 for restricted free agency).

Here are the actual values of this exception for each season.  Note that since this exception is based on the average player salary, the actual value of this exception is not determined until the start of the free agent signing period.

2005-06
$5 million
2006-07
$5.215 million
2007-08
$5.356 million
2008-09 $5.585 million

BI-ANNUAL EXCEPTION -- This exception was previously named the "$1 Million exception" (perhaps "misnamed" is more appropriate, since it was only valued at $1 million in 1998-99).  It may be used to sign any free agent to a contract starting at the following amounts:
 
2005-06
$1.67 million
2006-07
$1.75 million
2007-08 $1.83 million
2008-09 $1.91 million
2009-10 $1.99 million
2010-11
$2.08 million
2011-12
$2.18 million

This exception may not be used two years in a row (and if the $1 Million exception was used in 2004-05, the Bi-Annual exception may not be used in 2005-06).  It may be split and given to more than one player, and can be used to sign players for up to two years, with raises limited to 8%.  Also see question number 20 for more information on the availability and use of this exception.

ROOKIE EXCEPTION -- Teams may sign their first round draft picks to rookie "scale" contracts even if they will be over the cap as a result (see question number 41).

MINIMUM PLAYER SALARY EXCEPTION -- Teams can offer players minimum salary contracts even if they are over the cap.  Contracts can be up to two years in length.  For two year contracts, the second season salary is the minimum salary for that season.  The contract may not contain a signing bonus.  This exception also allows minimum salary players to be acquired via trade.  There is no limit to the number of players that can be signed or acquired using this exception.

This exception begins to reduce in value after the first day of the season.  For example, if there are 180 days in the season, then this exception reduces in value by 1/180 of its initial value each day.  If a team signs a minimum salary player 90 days into the season, it can pay the player only half the minimum salary.

See question number 70 for more information on how minimum salary players are handled in trade.

TRADED PLAYER EXCEPTION -- This exception is used for trades, and cannot be used to sign free agents.  It allows teams to acquire more salary in a trade than they send away.  It also allows teams to take up to a year to complete some trades, banking a credit in the interim.  This exception is discussed in detail in question numbers 68 and 69.  Also see question number 20 for more information on the availability and use of this exception.

DISABLED PLAYER EXCEPTION -- This exception allows a team which is over the cap to acquire a replacement for a disabled player who will be out for the remainder of that season (if the player is disabled between July 1 and November 30) or the following season (if the player is disabled after November 30). This exception can also be granted in the event of a player's death.  This exception can only be used to acquire one player.  The maximum salary for the replacement player is 50% of the injured player's salary, or the average salary, whichever is less (see question number 24 for the definition of "average salary").  Approval from the league (based on a determination by an NBA-designated physician) is required for this exception to be used.  This exception can be used to sign a free agent, or to create room to accept a salary in trade.  When used for trade, the team may acquire a player whose salary (including any trade bonus) is up to 100% of this exception plus $100,000 (not 125%).  Also see question number 20 for more information on the availability and use of this exception.

If a player is disabled between July 1 and November 30, the team must acquire the replacement player within 45 days.  If the player is disabled between December 1 and June 30, then the team has until October 1 to sign a replacement.  If the disabled player comes back sooner than expected, then he may be activated immediately, and the replacement player is not affected.  However, if the disabled player comes back before the exception is used, then the exception is lost.

Teams sometimes have had difficulty getting the NBA to approve an injury exception. For example, Danny Manning tore an ACL toward the end of the 1997-98 season, yet the NBA did not approve the Suns for this exception.  More recently, the Magic did not receive this exception in 2003 for Grant Hill.  However, this exception was granted in the 1999 offseason to San Antonio, so they could replace Sean Elliott, who was disabled due to kidney problems.  This exception was also granted to Charlotte soon after Bobby Phills was killed.

Don't confuse this exception with the salary cap relief teams can apply for a year after losing a player to a career-ending injury or death (see question number 53).  This exception allows a team to acquire a replacement player.  The salary cap relief removes a contract from the books.

REINSTATEMENT -- If a player was banned from the league for a drug-related offense and later reinstated, his prior team may re-sign him for up to his previous salary.

Summary of Salary Cap Exceptions


Larry Bird Early Bird Non-Bird Mid-Level Bi-Annual Rookie Minimum Disabled Player Reinstatement
Who
Qualifies
Own free agent, 3 seasons without changing teams as a free agent Own free agent, 2 seasons without changing teams as a free agent Own free agent, if not Larry Bird or Early Bird Any Any Team's first round draft pick(s) Any Any Reinstated players re-signing with their prior team
Minimum Years 1 2 1 1 1 2 plus two team options 1 1 1
Maximum Years 6
5
5
5
2 2 plus two team options 2 5
5
Maximum Salary Maximum salary
(see note in text)
Greater of 175% of previous salary or average salary Greater of 120% of previous salary or 120% of minimum salary Average salary
See text
120% of scale amount Minimum salary Lesser of 50% of injured player's salary or average salary Player's prior salary
Maximum Raises 10.5% 10.5% 8% 8% 8% Defined in salary scale
Salary always minimum
8% 8%
Can be split? No No No Yes Yes No No No No
Other         Cannot be used in consecutive seasons Restricted free agency following option years   Approval from the league required.  Can be used for a limited time only.

Note:    The Traded Player exception is not listed because it cannot be used to sign free agents.



20.  How do exceptions count against the cap?  Does being under the cap always mean that a team has room to sign free agents?  Do teams ever lose their exceptions?

If a team is below the cap, then their Disabled Player, Bi-Annual, Mid-Level and/or Traded Player exceptions are added to their team salary, and the league treats the team as though they are over the cap.  This is to prevent a loophole, in a manner similar to free agent amounts (see question numbers 29, 30, 31, 32).  A team can't act like they're under the cap and sign free agents using cap room, and then use their Disabled Player, Bi-Annual, Mid-Level and/or Traded Player exceptions.  Consequently, the exceptions are added to their team salary (putting the team over the cap) if the team is under the cap and adding the exceptions puts them over the cap.  If a team is already over the cap, then the exceptions are not added to their team salary.  There would be no point in doing so, since there is no cap room for signing free agents.

So it is not true that being under the cap necessarily means a team has room to sign free agents.  For example, assume the cap is $49.5 million, and a team has $43 million committed to salaries.  They also have a Mid-Level exception for $5 million and a Traded Player exception for $5.5 million.  Even though their salaries put them $6.5 million under the cap, their exceptions are added to their salaries, putting them at $53.5 million, or $4 million over the cap.  So they actually have no cap room to sign free agents, and must instead use their exceptions.

Teams have the option of renouncing their exceptions in order to claim the cap room.  So in the example above, if the team renounced their Traded Player and Mid-Level exceptions, then the $10.5 million is taken off their team salary, which then totals $43 million, leaving them with $6.5 million of cap room which can then be used to sign free agent(s).

Starting January 10 of each season, the Mid-Level, Bi-Annual, Larry Bird, Early-Bird and Non-Bird exceptions begin to reduce in value.  For example, if there are 180 days in the season, then these exceptions (if they are still unused) reduce by 1/180 of their initial value each day starting January 10.  If a team uses their $5 million Mid-Level exception on February 1, then the exception is actually worth $4,361,111.

The Disabled Player, Bi-Annual, Mid-Level and Traded Player exceptions may be lost entirely, or the team may never receive them to begin with.  This happens when their team salary is so low that when the exceptions are added to the team salary, the sum is still below the salary cap.  If the team salary is below this level when the exception arises, then the team doesn't get the exception.  If the team salary ever drops below this level during the year, then any exceptions they had are lost.

For example, with a $49.5 million salary cap, assume it's the offseason, and a team has $41 million committed to salaries, along with a Mid-Level exception for $5 million, a Traded Player exception for $2.5 million, and an unrenounced free agent whose free agent amount is $2 million.  Their salaries and exceptions total $50.5 million, or $1 million over the cap.  What if their free agent signs with another team?  The $2 million free agent amount comes off their cap, so their team salary drops to $48.5 million.  This total is below the cap so the team loses its Mid-Level and Traded Player exceptions.

There is logic behind this.  The whole idea behind an "exception" is that it is an exception to the rule which says a team has to be below the salary cap.  In other words, an exception is a mechanism which allows a team to function above the cap.  If a team isn't over the cap, then the concept of an exception is moot.  Therefore, if a team's team salary ever drops this far, its exceptions go away.   The effect is that a team may have either exceptions or cap room, but they can't have both.



21.  If a team has more than one exception available to sign a particular player, are there any rules regarding which one it has to use?

The team has the right to choose which of its available exceptions to use to sign a player.  However, teams may not combine exceptions, or combine an exception with cap room, in order to sign a player.  For example, a team with a $5 million Mid-Level exception and a $2 million in cap room may not combine them to sign a player for $7 million.  This is explained more thoroughly in question number 72.



22.  Can a team circumvent the salary cap by paying a player less but arranging for an affiliated company to also pay him, perhaps by way of an endorsement contract?

I suppose it could happen, but the NBA will investigate if it suspects that an outside person or organization is paying a player on behalf or at the request of a team.  If they find out that such an event has occurred, they will penalize the team.  For the first offense by a team, the fine can be up to $2,500,000, forfeiture of a first round draft pick, and/or voiding the player's contract.  The penalties increase for subsequent violations.

Incidentally, players are no longer allowed to become player-coaches.  This is because it would be possible to circumvent the cap by signing a player as a player-coach, and paying him less as a player but overpaying him as a coach.



23.  Do players and teams ever have under-the-table agreements?  What happens when the league finds out about them?  Is this what happened with the Timberwolves and Joe Smith?

If a team makes a direct agreement with a player that is not reported to the league, the penalties can be even harsher than those described in question number 22.  Such a violation is considered by the league to be among the most serious a team can commit.  Again, the league will investigate any allegations of wrongdoing.  A violation can result in a fine up to $5,000,000, forfeiture of draft picks, voiding the player's contract(s), and/or the suspension for up to one year of any team personnel who were involved.  In addition, the player himself can be fined up to $100,000, and prohibited from ever signing with that team.

This is what happened in 2000 with Joe Smith and the Minnesota Timberwolves.  Smith left the Philadelphia 76ers in 1999 (following the lockout) to sign with the Minnesota Timberwolves for their $1.75 million Mid-Level exception.  They made an under-the-table agreement that Smith would play under three consecutive one-year contracts at below market value, and the Timberwolves would reward him by using their Bird rights to sign him to a huge contract beginning with the 2001-02 season.  Unfortunately, they reduced this agreement to writing, and the written agreement eventually found its way into the league's hands.

It had long been rumored that such under-the-table agreements existed, but this was the first time the league had hard evidence in the form of a signed contract.  The league responded by fining the team the maximum (at the time) $3.5 million, taking away their next five draft picks (two were later returned), and voiding Smith's then-current contract.  Owner Glen Taylor and GM Kevin McHale also agreed to leaves of absence (in lieu of suspensions, at which time the fifth draft pick was returned).  Most interestingly, the league also voided Smith's two previous, already-completed contracts.  This essentially stripped the Timberwolves of any Bird rights to Smith, preventing them from re-signing Smith for any salary above the minimum (they had already used their other exceptions).  Smith left Minnesota and signed with the Detroit Pistons, but returned to Minnesota in 2001.



24.  How is "average salary" defined?

The league computes the average salary by taking the total salaries paid during the previous season, dividing by 13.2 times the number of teams (other than expansion teams in their first two seasons) and then adding eight percent.  The Bobcats were in their second season in 2005-06, so they did not count in the 2005-06 calculation, and the denominator is 13.2 times 29, or 382.8.  In 2006-07 it changed to 13.2 times 30, or 396.

This average salary figure is used when determining the salaries payable using the Early-Bird, Disabled Player and Mid-Level exceptions; when determining an unsigned free agent's effect on team salary, and when determining the maximum salary in an offer sheet to a restricted free agent with one or two years of service.  Here are the values in each season:

Season
Average salary value
2005-06
$5 million*
2006-07
$5.215 million
2007-08
$5.356 million
2008-09 $5.585 million

* For 2005-06 they used a defined figure of $5 million, rather than applying the formula.



25.  How long must a player be with one team before the Larry Bird exception can be used?

Theoretically, a player with Bird rights can be traded at the trade deadline right before becoming a free agent and his new team can use the Bird exception to re-sign him. There is no specific tenure requirement with one team.  The only rule is that the player can't have been waived or changed teams as a free agent for three seasons.   However, if a team renounces a player (see question number 33), they can't use the Bird exception to re-sign him for one year.



26.  Why a three-year wait before gaining Bird rights?

It closed a salary cap loophole. There used to be no waiting period, but this was abused by Portland with Chris Dudley and Phoenix with Danny Manning. Both teams signed these players to one-year deals at small salaries.  The next year, Bird rights in hand, they signed new contracts far in excess of the cap. The three year rule prevents these types of cap circumventions.



27.  Does the Larry Bird exception mean that free agents can be signed and not count against the cap?

All salaries are included in team salary (and count against the cap). The Bird exception simply says a team can exceed the cap to sign certain players. The new salary applies toward the team salary just like the salaries of the team's other players.  So if a team is over the cap and uses the Bird exception to re-sign its own free agent, it will end up farther over the cap.



28.  I just saw that a team signed a player for more money than it has under the cap.  It was another team's free agent, so the Larry Bird exception wasn't used.  What gives?

If one of the other exceptions wasn't used, it may just be the way the deal was reported. Only the first season's salary must fit under the cap, but signings are often reported using the total salary for the entire contract. For example, if a team is $10 million under the cap, they can sign a player to, say, a five-year contract for $10 million, $10.5 million, $11 million, $11.5 million and $12 million, respectively, for the five seasons. The deal then gets reported as five years for $55 million.  But the first year salary is what counts, and it fits perfectly.



29.  Can a team sign all the free agents it wants (up to the cap limit) and THEN re-sign its own free agents using the Bird exception?

Yes, but there's a restriction. A team's free agents continue to count as team salary (against the salary cap).  This charge is called the "free agent amount."  So there may not be enough money under the cap to sign another team's free agent, because the team's own free agents are taking up all their cap room.



30.  How much do free agents count against their team's salary cap?

The free agent amount depends on the player's previous salary and what kind of free agent he is:  

Kind of free agent Previous salary Free agent amount
Any
Minimum salary
Portion of minimum salary not reimbursed
by the league (see question number 11)
Larry Bird, except when coming off rookie scale contract At least the average salary 150% of his previous salary*
Larry Bird, except when coming off rookie scale contract
Below the average salary 200% of his previous salary*
Larry Bird, following the fourth season of his rookie
scale contract
At least the average salary
250% of his previous salary*
Larry Bird, following the fourth season of his rookie
scale contract
Below the average salary 300% of his previous salary*
Larry Bird, following the third season of his rookie
scale contract
Any The maximum salary the team can pay
the player using the Bird exception
Early Bird, following the second season of his rookie
scale contract
Any The maximum salary the team can pay
the player using the Early Bird exception
Early Bird (all others)
Any
130% of his previous salary*
Non-Bird Any 120% of his previous salary*

* Not to exceed the player's maximum salary, based on years of service (see question number 11).  If the difference in salary between the last two seasons of the player's contract exceeded $4 million, then the percentage is based on the average salary in the last two seasons of the contract.

A restricted free agent counts against his team's salary cap by the greatest of:

Here's an example of how to use this chart:  Let's say a player who made $5 million during the previous season becomes an Early-Bird free agent, and is not coming off the second season of his rookie scale contract.  According to this chart, the player's free agent amount is 130% of his previous salary.  So $6.5 million is included in his team's team salary while he is a free agent.

See question number 41 for more information on rookie "scale" contracts, question number 33 for information on renouncing players, and question number 36 for information on restricted free agency.



31.  Why do free agents continue to count against a team's cap?

It closes another loophole. Teams otherwise would be able to sign other teams' free agents using their cap room, and then turn their attention to their own free agents using the Bird exceptions. This rule restricts their ability to do that.  It doesn't close this loophole completely -- for example, in 2005 Michael Redd's free agent amount was $6 million, even though the Bucks intended to re-sign him for the maximum salary.  By waiting to sign Redd last, the Bucks were able to take advantage of the difference by signing Bobby Simmons.  Had they signed Redd first, they would have had no cap room to sign Simmons.



32.  When do free agents stop counting against the team's cap?

When any one of the following three things happen:


33.  What does renouncing a player mean?

As detailed in question number 30, free agents continue to be included in team salary.  By renouncing a player, a team gives up its right to use the Larry Bird, Early Bird, or Non-Bird exceptions (see question number 19) to re-sign that player.  A renounced player no longer counts toward team salary, so teams use renouncement to gain additional cap room.  After renouncing a player, the team is still permitted to re-sign that player, but they must either have enough cap room to fit the salary, or sign the player using the Minimum Salary exception.  The exception to this is in the case of an Early Bird free agent who is coming off the second season of his rookie scale contract.  Such players, when renounced, are treated as Non-Bird free agents. After renouncing a player, a team can still trade the player in a sign-and-trade agreement (see question number 76).

Note: In the previous CBA renouncing a veteran free agent amounted to relinquising the team's Bird rights only through the remainder of the season (until the following July 1). This allowed a team to renounce a free agent, sign him to a one-year contract, and then re-sign him to a larger contract using the Bird exception the following summer. The current CBA removed this time limitation; now when the player is renounced, his Bird clock starts over.



34.  Can the renouncement be renounced?  In other words, can a team un-renounce a player and then sign him using a Bird exception?

Only in one specific circumstance -- when they renounce one or more of their players in order to create enough cap room to sign another team's restricted free agent, but the restricted free agent's original team matches the offer sheet and keeps him.  If that happens, the team can rescind the renouncement.  There are a couple exceptions to this -- they can't rescind a renouncement if doing so takes them from below the salary cap to above it; or if they are above the cap and rescinding the renouncement takes them farther above the cap than they were before the renouncement.

See question number 36 for more information on restricted free agency.



35.  Let's say a team arranges for all of its players to become free agents at the same time.  If they renounce everybody, do they then have a salary total of $0 and a full cap under which to work?

No.  There are lots of things that are included in team salary besides active contracts -- see question number 14 for a full list.  Note especially that there is a roster charge when a team has fewer than 12 players under contract, free agents included in team salary, players given offer sheets, and first round draft picks.



36.  What is restricted free agency?

There are two types of free agency: restricted and unrestricted. An unrestricted free agent is free to sign with any other team, and there's nothing the player's original team can do to prevent it.  Restricted free agency gives the player's original team the right to keep the player by matching an offer sheet the player signs with another team. One example is from August 2002, when Minnesota signed Ricky Davis to an offer sheet, but Cleveland matched the offer and retained him.

Restricted free agency exists only on a limited basis.  It is allowed following the fourth year of rookie "scale" contracts for first-round draft picks (see question number 41).  It is also allowed for all veteran free agents who have been in the league three or fewer seasons.  However, a first round draft pick becomes an unrestricted free agent following his second or third season if his team does not exercise its option to extend the player's rookie scale contract for the next season.  All other free agency is limited to unrestricted free agency.

In order to make their free agent a restricted free agent, a team must submit a qualifying offer to the player by June 30.  The amount of the qualifying offer for players on rookie "scale" contracts is based on the player's draft position (see question number 41).  The qualifying offer for all other players must be for 125% of the player's previous salary, or the player's minimum salary (see question number 11) plus $175,000, whichever is greater.  The qualifying offer must be for one season.  A player can elect to accept his qualifying offer (the qualifying offer must be accepted by March 1) and play the following season under its terms.  This is sometimes done in order to become an unrestricted free agent the following summer (see question number 38).

If the player is coming off the fourth year of his rookie scale contract, then in addition to a qualifying offer, his team can also submit a maximum qualifying offer.  A maximum qualifying offer is for six seasons at the maximum salary with 10.5% annual raises.  It can contain no options, ETOs or bonuses of any kind, and must be fully guaranteed.   When a team submits a maximum qualifying offer (in essence "stepping up" with a maximum contract offer before the player even hits the market), it places a more stringent requirement on other teams' offer sheets (see below).

When another team wants to sign a restricted free agent, it signs the player to an offer sheet, the principal terms of which the original team is given seven days to match.  The offer sheet must be for at least two seasons (not including option years).  If the player's prior team also submitted a maximum qualifying offer, then the offer sheet must be for at least three seasons (not including option years).  If the player's original team exercises its right of first refusal by matching the principal terms of the offer sheet, the player is then under contract to his original team.  If the player's original team does not exercise its right of first refusal within seven days, the offer sheet becomes an official contract with the new team.

To summarize, a restricted free agent essentially has four options:

There are additional restrictions placed on offer sheets for players with one or two years in the league.  These restrictions are described in question number 37.

There can be no compensation given to a team in return for their not matching an offer to a restricted free agent.  For example, Houston could not sign Golden State's restricted free agent, then send Golden State a draft pick in exchange for their not matching the offer and retaining the player.

If the team matches an offer sheet, they cannot trade the player in a sign-and-trade arrangement (see question number 76).

A team can withdraw its qualifying offer to a restricted free agent, in which case the player becomes unrestricted.  This happened with Toronto and Keon Clark in 2002.  The qualifying offer cannot be withdrawn after July 23 without the player's approval.

A signed offer sheet can be rescinded within the seven day waiting period if all three parties (the player and the two teams) agree.



37.  What is the "Gilbert Arenas" provision?

With the previous CBA it was sometimes possible to sign restricted free agents to offer sheets their original teams couldn't match.  This happened when a player was an Early Bird or Non-Bird free agent (see question number 19) and the team didn't have enough cap room to match a sufficiently large offer.  For example, Gilbert Arenas was Golden State's second round draft pick in 2001, and became an Early Bird free agent in 2003.  Golden State therefore could only match an offer sheet (or sign Arenas themselves) for up to the average salary (see question number 24), which was about $4.9 million.  Washington signed Arenas to an offer sheet with a starting salary of about $8.5 million, which Golden State was powerless to match.

This loophole was addressed in the current CBA (although not closed completely -- see below).  Teams are now limited in the salary they can offer in an offer sheet to a restricted free agent with one or two years in the league.  The first-year salary in the offer sheet cannot be greater than the average salary (see question number 24).  Limiting the first year salary in this way guarantees that the player's original team will be able to match the offer sheet by using the Early Bird exception (if applicable -- see question number 19), or Mid-Level exception (provided they haven't used it already).

The second year salary in such an offer sheet is limited to the standard 8% raise.  The third year salary can jump considerably -- it is allowed to be as high as it would have been had the first year salary not been limited by this rule to the average salary.  Raises (and decreases) after the third season are limited to 6.9% of the salary in the third season.  The offer sheet can only contain the large jump in the third season if it provides the maximum salary allowed in the first two seasons.  In addition, the offer must be guaranteed and cannot contain bonuses of any kind.

If the raise in the third season exceeds the standard raise (8% of the salary in the first season of the contract), then they place an additional restriction on the team.  In order to determine the size of the offer the team can make, they don't fit just the first year salary under the cap.  Instead, they must fit the average salary in the entire contract under the cap.  So a team $8 million under the cap is limited to offering a total of $24 million over three years, $32 million over four years, or $40 million over five years.  If the offer sheet does not contain a third-season raise larger than 8% of the first-season salary, then they only have to fit the first year salary under the cap.

Putting this all together, if a team is $11 million under the cap, wants to submit a five year offer sheet, and wants to provide a large raise in the third season, they can offer a total of $55 million.  If the average salary is $5 million, then the second year salary will be $5.4 million (8% raise).  This leaves $44.6 million to be distributed over the final three seasons.  With 6.9% raises in years four and five, the entire contract looks like this:

Season
Salary
Notes
1
$5.0 million
Average salary amount
2
$5.4 million
8% raise over season 1
3
$13.907 million
This is the amount that yields $44.6 million over the
final three seasons with 6.9% raises*
4
$14.867 million
Raise is 6.9% of season 3 salary
5
$15.826 million
Raise is 6.9% of season 3 salary
Total
$55 million
Average is $11 million, which equals the team's cap room

* If you want to know how I got that exact amount, (for a five year offer) you solve for (5R - 2.08A) / 3.207.  R is the room the team has under the cap.  A is the average salary amount (e.g., $5 million).  The 2.08 represents the salary in the first two seasons (100% of the average, plus 108% of the average).  The 3.207 represents the salary in the last three seasons, using 6.9% raises: 1.0 + 1.069 + 1.138 = 3.207.  Similarly, for a four year offer you would solve for (4R - 2.08A) / 2.069.

For the team making this offer, this contract would count for $11.0 million (i.e., the average salary in the contract) of team salary in each of the five seasons if they sign the player.  If the player's prior team matches the offer and keeps the player, then the actual salary in each season counts as team salary.  The player's original team is allowed to use any available exception (e.g., the Mid-Level or the Early-Bird) to match the offer.

Since a team must fit the average salary from the entire contract under the cap in order to offer the large third-season raise, a team must have some amount of cap room above the average salary amount in order to effectively utilize this provision.  For example, suppose the average salary amount is $5 million, and a team with $5.1 million of cap room wants to provide a five year offer sheet.  If they want to offer a larger-than-normal third-year raise, then their cap room will be determined by the contract's average salary, so the total contract must pay $25.5 million or less.  If they offer $5 million and $5.4 million in the first two seasons, then that leaves just $15.1 million for the final three seasons -- so there must be a decrease in salary in the final three seasons.  A team in this situation is better off providing the standard 8% raise in the third season, which does not trigger the cap room requirement based on averaging.  In this example, a five year offer starting at $5 million with 8% raises would total $29.0 million.

As I said above, the loophole was addressed with this rule, but not closed completely.  This is because this provision is primarily intended to protect teams from losing their successful second round picks, who are Early-Bird free agents after two years.  There are several situations where a team still might be unable to match an offer sheet:
This provision also ensures that second round picks can't cash in with a maximum salary sooner than first round picks can.



38.  Haven't some restricted free agents gotten away anyway?  How did this happen?

For one, the team can simply decide not to match the offer sheet.  If this happens, the offer sheet becomes an official contract with the new team seven days.

With the previous CBA, it was sometimes possible to sign a restricted free agent with one or two years experience to an offer sheet that the player's original team could not match.  This loophole was closed in the current CBA, as described in question number 37.