NOTE: Parts of this entry were originally published at Mid-Level Exceptional.
Article VII, Section 6(j)(ii) of the Collective Bargaining Agreement contains the concept of a trade exception.
How Trade Exceptions Work:
Building on Larry Coon’s excellent work, there are a few key concepts to understand about trade exceptions:
They count against the cap but not the luxury tax – Paralleling other exceptions in the NBA, trade exceptions reduce a team’s salary cap space when on the books. Like the Mid-Level, they can be renounced should a team want that but already-existing trade exceptions can also be used to prop a team over the cap should that be strategically beneficial. (I must mention here that teams functioning under the cap do not receive trade exceptions, another value of using tricks like cap holds to stay over the cap when possible to maximize flexibility.) However, it should also be noted that trade exceptions do not count against the luxury tax.
Teams under the tax line are not pushed over by having them while teams in the tax did not have to pay additional tax on theirs.
They can only be used to acquire players under contract – A team cannot sign a free agent using a trade exception. However, it can be used in a sign-and-trade, though that would require the participation of the player’s previous team and that team being able to sign said player to the agreed upon contract.
This last note became important in the case of Shaun Livingston in the summer of 2014– since the Nets did not have the ability to sign Livingston to a full Mid-Level deal like he agreed to with the Warriors, he could not be signed and traded into Golden State’s trade exception because he could not be signed by Brooklyn to that contact in the first place.
A trade exception cannot be combined with another player or exception to acquire a more expensive player – To me, the easiest way to think about each trade exception is as a bank account that you cannot add money back into. You can take some out here and there as long as the balance never gets below zero. The important difference from a bank account is the separation – trade exceptions are each separate assets that can only acquire a player or players who make the same amount or less than the value of that specific exception itself plus $100,000. A $10 million TPE and a $5 million player or exception cannot be used in concert to get a $14 million player, for example. This same logic applies to all exceptions, so teams cannot combine their Mid-Level and a player to get someone for more money or add two trade exceptions together to pick up a player with a higher salary than either one.
Similarly, trade exceptions are generated separately – The best example of this comes from Golden State’s trade with Utah in 2013 to clear space for Andre Iguodala. For that part of the huge transaction, the Warriors traded Richard Jefferson, Andris Biedrins and Brandon Rush into Utah’s cap space. This did not give the Warriors one huge exception – it instead yielded three trade exceptions in the amounts of the salaries for the three players involved. This nuance protects the league from teams creating what I call a Voltron exception, where a series of minor moves could give them a hugely valuable larger single exception that could then be used to add a major piece. Separating trade exceptions makes for a more fair solution that creative teams can still use effectively.
Trade exceptions can also come from an unbalanced trade – While many think of trade exceptions as stemming from transactions where one player gets sent into another team’s cap or exception, they can also be created in trades with different salaried pieces going from one place to another. In those cases, the team trading away a higher salary than they receive secures a trade exception in the amount of the difference as long as they are not under the cap. (This is how the Knicks got a trade exception the size of Raymond Felton’s contract in their 2014 trade with the Mavericks.)
Once generated, a trade exception can be partially used or split– Here, what I talked about before with thinking about trade exceptions as bank accounts that you cannot add money back into makes even more sense. Like a bank account, teams can take some out here and there as long as the balance never gets below zero. If a team has an $8 million trade exception, they could get one $7.5 million or $8 million player or two $4 million guys during those twelve months. Whenever part of an exception gets used, any remainder sticks around until it expires. Remember from above that the player must fully fit within a single exception, so a team cannot use $600,000 from one exception and $400,000 from another source to acquire a $1 million salary.
They last a calendar year at maximum – Trade exceptions last up to one year after the trade that created it was approved by the league office, unless that anniversary falls on a weekend or holiday (then the team gets until the next business day.)
Despite all that, creative GM’s can use players and trade exceptions together in some circumstances – While trades with aggregated salaries cannot fit under this umbrella, teams can format trades to make this work. As an example, let’s say the Nuggets want Taj Gibson but do not want to trade enough salary to make it work directly as a player for player(s) swap. They could use part of their trade exception from sending JaVale McGee to Philadelphia at the trade deadline to acquire Gibson and then send something cheaper like Gary Harris to Chicago.
The Purpose of Trade Exceptions: Trade exceptions allow for additional roster flexibility in some important situations. For example, they provide an amazing way for teams butting up against the cap or tax to add another piece or two. Additionally, since trade exceptions require the participation of another team, they encourage negotiation between franchises and can help facilitate mutually beneficial exchanges of contracts.
More specifically, trade exceptions provide an advantage for teams with owners willing to spend. Similar to the amnesty provision, trade exceptions only truly become useful as teams get closer to the cap and/or luxury tax and only convert from riskless asset to actual dollars when utilized.
As such, the value of a trade exception depends almost entirely on it actually being used since they cannot be traded. They can be incredibly effective when deployed properly and functionally useless in other situations.