The NHL and NHLPA are expected to discuss removing the option for teams and players to structure contracts with deferred payments when they begin negotiating a new Collective Bargaining Agreement next month, Pierre LeBrun of TSN and The Athletic reported Tuesday.
Deferring part of a contract’s total value until after its expiry to earn a discount on a player’s cap hit has been legal since the 2004-05 lockout, which signaled the beginning of the salary cap era. However, it was used incredibly rarely until the past few months. Four players—the Hurricanes’ Jaccob Slavin and Seth Jarvis, the Maple Leafs’ Jake McCabe, and the Ducks’ Frank Vatrano—have accepted deferred compensation as part of new contracts or extensions since July 1.
Vatrano’s extension, a three-year, $18MM commitment that carries just a $4.57MM cap hit compared to $6MM without deferred compensation, has taken the most advantage of the rule. It’s the first of the four to defer base salary, not just signing bonus money, and he’ll only earn half of the money over the contract’s life. The other $9MM will be paid out in 10 yearly checks of $900K from 2035 onward. During that time, Vatrano anticipates retiring in Florida and will not pay California state income tax on the money.
However, as LeBrun relayed, most player agents aren’t suggesting this strategy for their clients. Octagon’s Allan Walsh put up a brief explainer of why it’s not always a tax-saving measure in the long run, although LeBrun countered with the supposition that Vatrano wouldn’t have earned as much total cash by not using deferred compensation.
The league determined that Vatrano’s deal was compliant with the deferred compensation rule as written, but “that shouldn’t be interpreted as the league being a big fan of it or deferred payments in general,” LeBrun said. He adds the NHLPA has historically opposed deferred payments – the value of money paid later is almost always lower than money earned in the present due to inflation – creating an environment for both parties to close the door on that contract structure when the next CBA goes into effect for the 2026-27 season.