Everton and Nottingham Forest have been charged with failing the Premier League’s financial fair play regulations. The Toffees face the risk of a second points deduction in the same season after being accused by the Premier League of breaking the rules again.

The Merseyside club, who were docked 10 points in November for breaching profit and sustainability rules (PSR) for the 2018-22 period, have been referred to an independent commission by the Premier League for their accounts for the time from 2019-23.

Everton are appealing against their current sanction and are aggrieved at a case of double jeopardy when they have already been punished for 75 per cent of the accounting period. They are frustrated this latest case has been brought before the outcome of the appeal is known and when it could have a considerable impact on a new commission, as well as on Everton’s own PSR calculations.

Everton accused the Premier League of having “a clear deficiency” in their rules and vowed to mount a staunch defence of their position.

They said in a club statement: “The Premier League does not have guidelines which prevent a club being sanctioned for alleged breaches in financial periods which have already been subject to punishment, unlike other governing bodies, including the EFL.

“As a result – and because of the Premier League’s new commitment to deal with such matters ‘in-season’ – the club is in a position where it has had no option but to submit a PSR calculation which remains subject to change, pending the outcome of the appeal.

“The club must now defend another Premier League complaint which includes the very same financial periods for which it has already been sanctioned, before that appeal has even been heard. The club takes the view that this results from a clear deficiency in the Premier League’s rules.

“Everton can assure its fans that it will continue to defend its position during the ongoing appeal and, should it be required to do so, at any future commission – and that the impact on supporters will be reflected as part of that process.”

Forest brought in 43 players for a combined transfer spend of almost £300m over the past three transfer windows, in a bid to solidify their Premier League status following promotion from the Championship in 2022.

Club officials are expected to contend that had they sold forward Brennan Johnson to Tottenham a few weeks earlier than they did last August, his sale would have balanced the books in the three-year window in question, up to 30 June 2023. But rushing the sale would have meant accepting a significantly reduced figure on the eventual £47.5m Spurs paid, ultimately damaging their sustainability aims.

Forest said: “Nottingham Forest acknowledges the statement from the Premier League confirming that the club has today been charged with a breach of the league’s profitability and sustainability rules. The club intends to continue to cooperate fully with the Premier League on this matter and are confident of a speedy and fair resolution.”

The two clubs have 14 days to submit their formal answers to the complaints.

Everton believed they were compliant with Premier League regulations when the accounting period ended in June 2023 and feel that clarity on PSR was not provided until their previous independent commission made its ruling in November.

The latest commission will not meet until the appeal against Everton’s 10-point deduction is heard, which has to be by the end of May at the latest. However, the Premier League also want cases for the 2018-22 period to be heard this season, leading to the possibility of a further sanction in the current campaign.

Sean Dyche’s team are currently 17th, one point above the relegation zone, though they would be 11 points clear of Luton and in 12th place but for the loss of 10 points. A second deduction could put Everton, who only escaped relegation in their final home game of each of the last two seasons, in the bottom three, whether this season or next.

Everton are waiting to discover the scale of the breach in PSR regulations which the Premier League allege and which could impact on the severity of the punishment if they are found guilty. They were deemed to be £19.5m over the limit for the 2018-22 accounts.

Premier League clubs are allowed to lose up to £105m over a three-year period – because of Covid, two seasons were rolled into one for accounting purposes – but are also allowed to spend extra outside that, including on infrastructure projects, and Everton are building a £760m new stadium at Bramley-Moore Dock.

Everton are yet to release their accounts for the 2022-23 season but they will show a loss which the club attribute to the costs of their new ground and the loss of commercial contracts after Russia’s illegal invasion of Ukraine. Alisher Usmanov, the long-time business partner of majority shareholder Farhad Moshiri, had a variety of sponsorship deals with Everton which were suspended, including a £200m naming rights deal for Bramley-Moore Dock.

They have made a transfer-market profit across the calendar years of 2022 and 2023 and their 2022-23 accounts included the sale of three homegrown players, who class as pure profit for FFP purposes, for almost £50m, in Anthony Gordon, Ellis Simms and Ishe Samuels-Smith. They have also sold or released many of their bigger earners over the last two years. However, the club also spent heavily in the final two months of the summer 2022 transfer window under former manager Frank Lampard, when signings included Amadou Onana, Dwight McNeil, Neal Maupay and James Garner.

Everton were deemed to have lost £124.5m in the 2018-22 period after they had submitted a range of mitigating factors which the independent commission rejected. Everton are appealing both the scale of the punishment, which is the biggest in the Premier League’s history, and the mitigating arguments. Everton have argued the interest they paid on loans required to finance the spending on their new stadium should count as infrastructure costs.

However, if found guilty of their second charge, there is no guarantee another 10-point deduction would be applied while Everton are likely to argue they have suffered a penalty for 75 per cent of the period covered.

The Premier League’s statement read: “Everton FC and Nottingham Forest FC have each confirmed to the Premier League that they are in breach of the league’s profitability and sustainability rules (PSR). This is as a result of sustaining losses above the permitted thresholds for the assessment period ending season 2022-23.

“In accordance with Premier League Rules, both cases have now been referred to the chair of the Judicial Panel, who will appoint separate commissions to determine the appropriate sanction.

“Commissions are independent of the Premier League and member clubs. The proceedings are heard in private with the commissions’ final decisions made public on the Premier League’s website. The League will make no further comment until that time.”