That's not "gaming the system" though - it's outright cheating.
Given the increased audits of everyone, the forensic audit of the champions, and Saracen's relegation - no-one's going to be playing fast and loose.
If anyone thinks they've found a way to pay more, then they will have cleared it with the salary cap commissioner beforehand.
If the clubs learned nothing else from Saracens, it's that "better to ask forgiveness than permission" doesn't apply to the salary cap.
I think it mostly appears suss because "they look like they're spending more than us" - which, yeah, they're allowed to.
Bath, Leicester, Sarries and possibly Quins are the only ones paying close to the cap.
Exeter, Gloucester & Bristol argue about which of them is spending the 2nd least (after Newcastle).