The Taxation of Artists and Sportsmen. the Spanish Perspective

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Universit commerciale Luigi BocconiFacolt di Giurisprudenza

International and Comparative Taxation Course

THE TAXATION OF ARTISTSAND SPORTSMEN. THESPANISH PERSPECTIVE

Abstract:

This paper attempts to show a vision of the impact of the so-calledBeckham law in the Spanish tax landscape, with a particular emphasis on

the world of football. During its short time of life, this law allowed personswith earnings above 600,000 to have a tax rate of 24% instead the 43%

for all the residents. The reason of that was to attract to Spain greatscientists, researchers, athletes, and finally all types of qualified

professionals.

Antonio Pascual Dez

1703057

2012-2013


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Table of contents

1. Introduction.. 32. Article 17 OECD Model. Artists and Sportsmen..... 43. The Beckham Law, Real Decreto 687/2005. 7

a. The modification of the article 93 law 35/2006... 9b. Reactions........ 10

4. Conclusion...... 125. Bibliography .. 146. Sitography ...... 14


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1.IntroductionI decided to do this paper on the Beckham Law because it has been a point of lot

of discussions in Spain in the last years. The reason of that is why foreigners shouldhave more benefits in taxation terms than the Spanish people. The idea of the BeckhamLaw was to attract people with talent giving them some fiscal privileges, but the successof it is not very clear. Some of the questions that people did are still without any answer,thats why I understand that this is a very good example of an issue of internationaltaxation: a different treatment because of nationality in terms of taxation inside theEuropean Union deserves to be studied.

Also the sports are an area that I like very much and especially the football sowith this paper I have the possibility to relate my passion (football), my nationality(Spanish) and the subject (International Taxation).

First of all, Im going to study the international regulation of the artists and

sportsmen given in the article 17 of the OECD Model and later on I will focus on theSpanish case, the laws that we will use are the Income Tax of the Physical Persons(Impuesto sobre la Renta de las Personas Fsicas) and the Real Decreto1 687/2005 andtheir amendments.

In the case of the Beckham law it has been valid only during a period of sixyears and I think that would be interesting to know the effects that it had not only in themarket of football but also in the attraction of talent. In 2010 when the law wasamended many football clubs (mainly Real Madrid and Barcelona) threated to go onstrike because they were going to pay much more for the salaries of their players (wewill explain later why this happened).

Of course, now that we are in a world extremely globalized, everything isconnected so one action in Spain may have consequences in other countries; thus will

be important to know the reactions and situations in some States. Its also relevant tostudy the impact of this law in the European Union because is constantly looking for ahigher harmonization in taxation.

After doing this I would like to be able to answer if the introduction of this lawhelped Spain to attract more talent and ifits the correct way to do it or if there are otherways that would help better to reach that goal.

1 Real Decreto: is a rule of law that emanating from the executive power (government) andneeds the legislative approval in 30 days


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2.Article 17 OECD Model. Artists and SportsmenArticle 17: ARTISTES AND SPORTSMEN

1. Notwithstanding the provisions of Articles 7 and 15, income derived by a resident of a

Contracting State as an entertainer, such as a theatre, motion picture, radio or televisionartiste, or a musician, or as a sportsman, from his personal activities as such exercised in theother Contracting State, may be taxed in that other State.

2. Where income in respect of personal activities exercised by an entertainer or a sportsman inhis capacity as such accrues not to the entertainer or sportsman himself but to another person,that income may, notwithstanding the provisions of Articles 7 and 15, be taxed in theContracting State in which the activities of the entertainer or sportsman are exercised.

As we can see above, the article 17 of the OECD Model Tax Convention treatsabout the special regulation that artistes and sportsmen receive. Their performanceincome is often generated in many countries different than their country of residence,

and this performance income is consequentially subject to special tax treatment. Thisarticle was introduced in the OECD Model of 1963 and was slightly changed while stillhaving the same meaning until today2. The member countries of the OECD decided inthe sixties to create this exceptional rule because they believed that without the article17 this kind of people would escape from taxation under article 7.

The State where the activities of a foreigner entertainer or sportsman areperformed is allowed to tax the income derived from these activities. This regime differsfrom the one that should be applicable to the income of other types of activities, thatswhy it makes important to establish and specify what is an entertainer or sportsman,what are the personal activities of an entertainer or sportsman as such and what are the

sources and allocation rules for activities performed in various countries. In order toanswer the previous questions, the Committee on Fiscal Affairs met in 2010, examinedthese and other questions related to the application of Article 173 and tried to givesolutions.

In some cases may be difficult to determine whether a particular item of incomeis derived by a person as an entertainer or sportsman from his personal activities assuch, in the article we can see that the limits are not very clear. Lets try then to definewhat an entertainer or a sportsman is.

When we talk about an entertainer or sportsman includes anyone who acts as

such in any type of event, the type of person becomes irrelevant, as the event where heparticipates. Therefore this article can be applied to an amateur who wins a monetaryprize and also to a person who is not an actor but gets a fee for a single appearance in atelevision commercial or a movie. Hence we can say that there is not necessary to be a

professional. As Almud Cid and Serrano Antn4 said, the prize that for instance a

2 D. MOLENAAR, Taxation of International Performing Artistes. Doctoral Series, AcademicCouncil, 2005. Page 333Centre for Tax Policy And Administration. Discussion draft on the application of article 17(Artistes and Sportsmen) of the OECD Model Tax Convention. 23 april 2010 to 31 july 2010.4

J.M. ALMUD CID and F. SERRANO ANTN. La fiscalidad internacional de los artistas ydeportistas: especial referencia al artculo 17 del MC OCDE. Revista Jurdica del Deporte, num.13. (2005)


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viewer wins for a slam dunk contest before a basketball game would be part of thearticle 17.

Regarding the activities the article doesnt include only the appearance in an

entertainment or sports event but also the advertising or interviews in the State related

to his appearance and performance. The paragraph 1 imposes two conditions: theincome has to be derived by aperson as an entertainer()or as a sportsman and thatit has tobe derived from his personal activities as such.

Even if the article tries to establish some limits, we have to pay attention to thecase where the entertainer, gets some money derived from activities different from his

persons activities as an entertainer and may therefore not be covered by the article

17. In this mannerits important to clarify in which circumstances income derived by anentertainer or sportsman cant be related to the personal activities of the entertainer orsportsman as such. The main practical issue relates to the part of the remuneration of

an entertainer or sportsman that relates to preparation and training, as opposed to the

part which relates to actual performances.The inclusion of such preparation and training in the personal activities of

entertainers and sportsmen, may create excessive administrative burdens for all partiesinvolved especially in terms of classification of the taxable income at the level of thecontracting state in which the preparation and training is done. Respectively, this mayincrease the compliance obligations of, for instance, football teams and players forming

part of such teams commonly visiting other countries in the course of preparation andtraining before starting their competition season. Generally, preparation and trainingform part of their annual agreed remuneration hence the absence of additional contractsverifying the proportion of the income to be attributed to such trainings and preparationsmay prove to be rather challenging, time consuming and costly5.

In order to solve these problems one of the proposals of the Committee on FiscalAffairs was to change the word artists forentertainers and understands that preparationand training are normal activities of entertainers and sportsmen. Therefore theremuneration received in the State where he has been training and preparing would becovered by the article 17.

The wording of article 17 leaves open the question of taxation of income fromartistic and sporting activities in the state of residence. This means that is an opendistributive rule which indicates that income may be taxed in the source state,omitting only. Thus, the primary taxation right is a decision of the state of source but

the residence state also formally retains the taxing right. If the state of residence leviestax on such income under domestic law, it depends on Art. 23A or B of the OECDModel whether it must grant an exemption or allow credit for the tax paid to the sourcestate6

Article 17 also causes problems, not only for the rich and famous artistes andsportsmen. The OECD allows gross taxation in the country of performance, then thetaxable base there is very often much higher than the taxable base in the country ofresidence because the former does not allow deduction of expenses of earning the

5

Taxand. Comments on the Discussion Draft on the Application of Article 17 (Artistes andSportsmen) of the OECD Model Tax Convention Issued on 23 April 20106 TETLAK, K. Tax Treatment of Team Performances under Art. 17 of the OECD Model


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income, whereas the latter usually does. Therefore, this leads very often to excessivetaxation, even when the withholding rate is lower than the tax rate in the residencecountry and double taxation is possible because of problems with the application of taxcredits in the residence country. These two problems can only be prevented byconsiderable taxpayer compliance and tax administration cost7.

But there are some other important issues regarding this article, is the case of thedouble taxation8. As we saw before, when artistes and sportsmen perform abroad they

pay income tax in two countries. Not only in their residence country on their world-wide income, but also in the country of performance. And although tax treaties have

been concluded, double (or excessive) taxation very often occurs and needs to besolved.

Most countries levy a source tax on income earned by foreigners in the countrywith rates from 15% to 30%. The reasons are because countries want to eliminate therisk of tax avoidance and are not sure if the foreign artistes will mention the income in

their tax return in their residence country.At his point, the existence of bilateral tax treaties (that had been signed by most

of the countries) have a very important role dividing the taxing rights and aiming toeliminate the double taxation. Following the principles of the OECD, we can find twomain principles:

Companies and self-employed persons pay the income tax in their residencecountry, unless they have a permanent establishment in the source country (Art. 7OECD Model)

Employees pay income tax in the country of work, unless when they remainemployee in their country of residence, receive their salaries from that employer andwork for less than 183 days in the other country. If so, only the residence country isallowed to tax the income (Art. 15 OECD Model)

These two principles follow the idea that the person has to contribute to acountrys state budget when he uses his infrastructure and facilities. The double taxationappears when the source country has the right to tax the income and the residencecountry sees also this income as a part of the world-wide income.

To eliminate the double taxation issue the OECD recommended in his article 23that the residence country should allow its artistes and sportsmen a tax credit for the

foreign source tax.

We can conclude that the role of the article 17 responds to an important need totreat the special taxation of these people because of their exceptional characteristics thatwe already mentioned. The regulation given by the OECD is not perfect (has beenmodified many times, and some limits are not very clear) but we can say that has metwith the expectations and worked very well until our days.

7 M. TENORE, D. MOLENAR and R.VANN. Red Card Article 17?. Bulletin for International

Taxation. March 2012. Page 1278 D. MOLENAR. All Arts Tax Advisers. International Artistes and Sportsmen, Article 17OECD Model, Problem of Double Taxation. (July 2010)


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3.The Beckham Law, Real Decreto 687/2005The Beckham Law is a Spanish tax law that was passed the 10 th of June of 2005

and has been applied until 2010 to many foreign workers with special conditions. Thelaw gained its nickname after football player David Beckham became one of the firstforeigners to take advantage of it.

The situation before the existence of this law was that any foreign workerremaining in Spain more than 183 days in a tax year was considerate as a tax resident

which meant that was liable for Spanish taxes on his worldwide income, not only for hisSpanish source income and assets and obviously he would be subjected to a flat 43% taxrate.

With the introduction of the Beckham Law, an expat could apply to be taxed as anon-Spanish resident under the Spanish Non-Resident Income Tax rules; this meantthey could only be taxed on the income they earned in Spain and not on the incomes

that they may continue to earn elsewhere in the world. But the main novelty was that theexpat would be subject to a flat 24% tax rate, rather than the taxation rates applicable toSpanish residents. Therefore the expat were paying of taxes the 24% of their salariesinstead the 43% that were paying the Spanish residents.

After being passed in 2004, this law was introduced in the article 93 of the Law35/2006 of the 28thof November del Impuesto sobre la Renta de las Personas Fisicas9(Income Tax of the Physical Persons). In this article we can find the pre-requisites totake advantage of this law:

a) The individual cannot have been Spanish tax resident in the 10 years prior to

moving to Spain.b) The reason behind the move to Spain was because an employment contract in

Spain.

c) The employment duties must be carried out in Spain, although it is possible tocarry out some non-Spanish duties but these must be minimal.

d) The employer must either be a Spanish resident company/entity or if notSpanish resident then the employer operates through a permanent establishment inSpain.

e) The employment income received is not deemed to be exempt under theSpanish nonresident income tax law.

And also, the application must be made within 6 months of starting theemployment contract10.

The intention of this law was to attract qualified personnel, scientists and highskilled professionals to incorporate them to Spanish companies11. It was also an attempt

9 LEY 35/2006, de 28 de noviembre, del Impuesto sobre la Renta de las Personas Fsicas y demodificacin parcial de las leyes de los Impuestos sobre Sociedades, sobre la Renta de no

Residentes y sobre el Patrimonio10 http://www.strongabogados.com/beckham-law.php11 http://www.jda.es/es/2012/11/07/la-reforma-de-la-ley-beckham/
http://www.strongabogados.com/beckham-law.phphttp://www.jda.es/es/2012/11/07/la-reforma-de-la-ley-beckham/http://www.jda.es/es/2012/11/07/la-reforma-de-la-ley-beckham/http://www.jda.es/es/2012/11/07/la-reforma-de-la-ley-beckham/http://www.strongabogados.com/beckham-law.php


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to induce foreign CEOs to come to Spain and establish regional headquarters andresidence in Spain. From this the Spanish government hoped the influx would lead toincreased investment, higher qualified employees and economic interaction. Reducingtaxes was seen as a way to compete with other countries and make possible an impulsein the Spanish economy.

But this law was also exploited, hence its nickname, by the Spanish footballclubs to recruit great players, given that in other European countries had to pay moretaxes.

We can appreciate that in 2005, in Germany the rate was 45%, in England weretalking of an increase from 40% to 50%, in Italy was 43% (just to give the numbers ofthe countries where there are other powerful football leagues). In Spain, the fact that theforeigners could pay the 24% of taxes, served to have seen play in Spain: Beckham,Ronaldinho, Aguero, Ibrahimovic, Cristiano Ronaldo and many others. But also clubswith lower budgets took benefit of it and made La Liga the best football league in

Europe (and possibly in the world).In fact, Cristiano Ronaldo went to Real Madrid in summer of 2009, curiously

when were discussing in England to arise the tax rate from 40% to 50%, while in Spainunder the Beckham law he would have to pay only the 24% thus the Spanish club couldoffer him a higher salary.

A very empirical effect of the Beckham Law is that after its approval the fractionof foreign players in the Spanish league increased by 50 percent, while the Italianleague comparable in funding, number of foreign players and team performance

before 2004stayed the same.

So we can see that this exemption is applied to all foreign workers, although it isgeared more toward wealthier expats i.e. middle and upper management rather thanfootball players.

But we have to consider that applying the Beckham treatment is not always sucha great idea for all the foreigners12. The main reason is that although the non-residenttax rate stays at 24%, it doesnt come with any personal allowances. A basic ratetaxpayer or even one paying the highest rates (between 30% and 40%) can pay lesstaxes if he is taxed as a resident because the effect of personal allowances anddeductions typical of the Spanish law. The effect is particularly pronounced in the first(and possibly the last) year of residence, when the taxpayer is only earning in Spain for

several months because, as residents, they get a full year of allowances to offset againsta part year of income.

The second and slightly more subtle reason is that the worldwide income nottaxed in Spain (probably) has not to be taxed somewhere. If the person has incomes

besides that which has earned from employment in Spain (e.g. a sponsorship deal) andits taxed in Spain rather than another jurisdiction that might be a good thing rather thana bad thing. For example, the Spanish tax rate for interest and capital gains (21-27%)was the lowest among major European countries.

12 http://www.advoco.es/advice/8-personal-tax/70-beckhams-law.html
http://www.advoco.es/advice/8-personal-tax/70-beckhams-law.htmlhttp://www.advoco.es/advice/8-personal-tax/70-beckhams-law.html


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a)The modification of the article 93 law 35/2006The 3rd of November of 2009, the Budgets Commission of the Spanish

Congress amended the article 93 of the Law 35/2006 and it started to have effect from

January 2010. From then on, all the foreign workers whose income were higher than 600,000 would be taxed at 43% instead of the original 24%, thus the situation of theforeigners was equal to the rest of Spanish that exceed this amount. Thereby the SpanishIncome Tax on Physical Persons was the same for both nationals and foreigners andconsequently Spain lost the power of seduction on foreign workers

It should be noted, nevertheless, that the law was not retroactive and this meansthat all foreigners who signed their contracts before that date (January 2010) would bestill taxed at 24%.

During the six years of its existence (2005 to 2010), many people from different

fields, including football players who have employment relationships with footballclubs, have applied the regime. The amendment has not though stopped importantglobal banks from considering moving some of their London and elsewhere basedteams to Spain to benefit from the impatriate regime, and to avoid the increase of taxrates there. The current trend was for financial institutions to consider moving some oftheir operations to Spain, with even some hedge funds also reportedly considering theoption.

But for my surprise it appears that only 2,000 people exercised the option to betaxed as non-resident; of which less than 10% had incomes above 600,000 (43 werefootballers and 17 senior executives)13. So it seems that the introduction of the Beckham

Law had an impact lower than expected.According to Mara Snchez-Biema14, manager of Human Resources of the

consultant IMS Health after six years seems clear that the goal has not been reached,as it has been very low the number of people who was under the conditions (especially

high skills and ability to attract capital and investments) that should move to Spain

said. He added that of course is a positive measure but not the best one in order tofacilitate the arrival of talented people.

As mentioned, under the amendment, employees expecting employment incomeof over 600,000 per year will no longer be able to apply the regime. The modification

especially hits football players since many have in most cases their main income paid inthe form of salary, to which the limit of 600,000 or above applies15.

This explains for example why the Real Madrid only wanted to sell their playerKak in summer of 2010 and not to give him in loan. If Kak was loaned he would not

be taxed in Spain, and then when was back in Spain he could not take benefit of theBeckham Law as before. Then the Real Madrid would have to pay much more for his

13 R. FALCN Y TELLA. Quincena Fiscal Aranzadi num. 21/2009 parte Editorial. Editorial

Aranzadi, SA, Pamplona. (2009).14Correo Farmaceutico. 1st March 201015 S. VELASCO. Iberia Lawyer, January/February 2010. Page 30


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salary, because almost all the contracts of players are signed in terms of net earnings soKak would pass to pay 24% to 43%.16

The main complaints of this reform came from the world of the Spanish football,where the big clubs disappointed with the measure; they predicted that this new tax

situation would be a major obstacle to their future contracts

17

.I think is interesting to compare the different tax policies in 2009 in other

countries similar to Spain in order to understand better the situation18:

Germany had a tax rate of 45% for earning above 250,000 United Kingdom had a tax rate of 40% for earnings above 49,370 France had a tax rate of 40% for earning above 69,505 Italy had a tax rate of 43% for earning above 75,000 The Netherlands had a tax rate of 52% for earning above 54,776 The United States had a tax rate of 35% for earning above 278,780

Spain had a tax rate of 43% for earnings above 53,407It was evident that the tax regime in Spain was very advantageous for persons

with higher incomes thus its easy to understand that there were complaint from theother countries.

b)ReactionsFrom the Spanish Treasury the reform was applauded, they considerate it as

necessary and very positive. Thus was suppressed a regime that allowed low taxation tomillionaires incomes in the Impuesto sobre la Renta de las Personas Fsicas. Theincrease from 24% to 43% for foreigners earning over 600,000 generated a big

injection of money for the State.

Regarding the world of Spanish football, the union of experts of the Ministry ofFinance said in a statement that almost all the existing contracts clauses of players aresigned in terms of net remuneration of these foreign athletes. This means that would bethe clubs themselves who would have to pay the taxes, and therefore would be affected

by the legal reform.

The reactions after the reform was known were constants. The first of themcame from the Presidente de la Liga de Futbol Profesional (President of the League of

Professional Football of Spain), Jos Luis Astiazarn who said: for the Spanishfootball will have very negative consequences and will cause irreparable harm because

16 http://www.milannews.it/?action=read&idnotizia=8944317

E. SANTOS FRESCO. La Reforma de la Ley Beckham en el mundo del ftbol. RevistaInternacional del Mundo Econmico y del Derecho. (2011). Pagine 95-9918 EL MUNDO, 8th November 2009


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we will lose power in Europe, because the vast majority of good talents and players will

choose other leagues instead of the Spanish19.

What Jos Luis Astiazarn was expressing were his concerns about theconsequences that the reform would have in the Spanish clubs. They would have to

assume the increase of the IRPF (Impuesto sobre la Renta de las Personas Fsicas), sothose clubs would lose a great power of contracting and at the same time lose headvantage they had in relation to other countries.

This advantage was essentially that before the reform the Spanish clubs couldoffer higher wages since taxation was lower than other countries, thus clubs hired

players with net salaries and taking over of the taxation of them, and therefore theyneeded less money to equalize the salaries of other countries.

Also the main clubs of Spain, Futbol Club Barcelona and Real Madridthreatened to call a strike to avoid the modification of the Beckham Law, finally theygot an agreement with the government and the Liga was not affected.

But not all were complaints, the fans (the regular citizens who pay taxes) dontunderstand how is possible that having a salary of millions of euros you get upset by arise of tax rate. In fact the national radio station Cadena SER conducted a vote from itslistenersa and from a 92% participation in the vote, 88% were in favour of the change ofthe law20.

The effects of the Beckham law were also well known in other countries, andthey were delighted with this new. Adriano Galliano, CEO of AC Milan said: now

seems that Spaniards and foreigners will be aligned, just as happens to foreign workers

who come to Italy. Sure, Im sorry for the Spanish clubs, I do not wish them any harm,

but the tax now aligns with ours. I was hoping something a little different, a decrease ofour taxes instead increasing theirs. 21

Its easy to suppose that the reaction of the rest of main European football club

would be similar to the words of Mr. Galliani. They were being discriminated becausethe fiscal benefits of Spanish clubs to buy international players, its obvious theBeckham law was givingLa Liga a competitive advantage.

19 http://www.europapress.es/nacional/noticia-futbol-presidente-liga-tilda-dano-irreparable-futbol-espanol-reforma-ley-beckham-20091103190704.html20 http://www.goal.com/en-india/news/2640/spanish-inquisition/2009/11/08/1612047/spanish-

inquisition-la-liga-tax-hikes-the-beckham-law-the-bubble-21 http://www.tuttosport.com/calcio/serie_a/milan/2009/11/04-44572/Galliani:%20%C2%ABAnomalia%20spagnola%20resta%C2%BB


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4.ConclusionAt this point I can say that without any doubt that although the controversial and

complaints of several sectors, and in particularly as discussed for football, the reform ofthis legal principle has sought the equal tax payment for both nationals as foreigncitizens, avoiding a discrimination in terms of contribute to the states coffers.

However, in contrast, Spain lost a great potential of attraction for foreign qualifiedprofessionals, equalizing to almost all the states of the European Union.

Nowadays we see all the weeks how newspaper and experts discuss about thenecessity of a fiscal union in Europe. The existences of these kinds of laws are not

beneficial for the needs of the Union, its necessary to move towards a higherharmonization rather than each State look after their own interests. We can see the

problem that Ireland is causing because is applying very low taxes to the companies; Ithink this is not the proper way.

The Spanish government justified the amendment by stating that high earningtaxpayers cannot benefit from lower taxation, such as the one in the impatriate regime,considering Spains current economic crisis. However, I think that the governmentmight not have analyzed enough the impact that this tax regime could have on theSpanish economy, particularly regarding many important economic sectors like lifesciences, finance, and high-tech industries, as well as the activities directly or indirectlyrelated to professional sports, such as publicity and communication agencies that moveevery year billions of euros. The Beckham law had positive effects but was notimplemented in the best way possible (its not understandable why in 5 years only 2,000

people take advantage of this measure).

I believe that the reduction of taxes has a great effect on the economies so theinitiative of the Spanish government is correct but as I said before is important to reducetaxes or increase them all the countries as a whole and by this way we will also reducediscrimination.

In the world of Spanish football, its clear that that the measure caused greateconomic losses for Spanish clubs and also the loss of attractiveness of the League forhigh skilled players, but they also had five years where they were having advantagefrom the rest of countries. Much to my chagrin I think that this measure discriminatesthe rest of countries and is not fair, especially for the clubs of other countries.

In the past years with the reform already in effect, we have observed as theSpanish football market has been much more stopped in comparison with previousyears, and one reason I think for this is, along the economic crisis, is the new taxregulation.

The decrease of investment on football players in the season 2012-2013 has beenof almost 62% when in other leagues as the German has increased in a 33% or theEnglish a 20%. In absolute numbers the English League spent 763 Million, followed

the Italian ( 426M), the German ( 271M) and the French ( 247M). La Liga, theSpanish League, only spent 140 Million. This make us think the huge effect that

taxation had in the Spanish football market.


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My proposal then is that according that taxes should be reduced, the Beckhamlaw is a good idea but it should not be applied to sportsman and athletes because of thediscrimination that creates and in terms of sports all the clubs should have the sameopportunities.

In the case of scientists and high managers a reduction of taxes like this law hasgreat effects in the economy and I think is always very important to keep and attractmore talent in our countries. We constantly see in Spain how very skilled people leavesthe country and goes to the United States, Germany, Asia looking for betteropportunities, we have to change mentality and to make talent stay and come and a wayto do it is through taxes.


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5.BibliographyJ.M. ALMUD CID and F. SERRANO ANTN. La fiscalidad internacional de los artistas ydeportistas: especial referencia al artculo 17 del MC OCDE. Revista Jurdica del Deporte, num.13. (2005)

Articles of the Model Convention with respect to Taxes on Income and on Capital (OECDMODEL)

A. CAERO VERA. Las rentas de artistas y deportistas en el marco de los Convenios de DobleImposicin. Jurisprudencia de los Tribunales espaoles.

Centre for Tax Policy And Administration. Discussion draft on the application of article 17(Artistes and Sportsmen) of the OECD Model Tax Convention. 23 april 2010 to 31 july2010Correo Farmaceutico. 1st March 2010

EL MUNDO, 8th November 2009

R. FALCN Y TELLA. Quincena Fiscal Aranzadi num. 21/2009 parte Editorial. EditorialAranzadi, SA, Pamplona. (2009).

LEY 35/2006, de 28 de noviembre, del Impuesto sobre la Renta de las Personas Fsicas y demodificacin parcial de las leyes de los Impuestos sobre Sociedades, sobre la Renta de noResidentes y sobre el Patrimonio

D. MOLENAR. All Arts Tax Advisers. International Artistes and Sportsmen, Article 17 OECDModel, Problem of Double Taxation. (July 2010)

D. MOLENAAR, Taxation of International Performing Artistes. Doctoral Series, AcademicCouncil, (2005). Page 33

E. SANTOS FRESCO. La Reforma de la Ley Beckham en el mundo del ftbol. RevistaInternacional del Mundo Econmico y del Derecho. (2011). Pagine 95-99Taxand Comments onthe Discussion Draft on the Application of Article 17 (Artistes and Sportsmen) of the OECDModel Tax Convention Issued on 23 April 2010

TETLAK, K. Tax Treatment of Team Performances under Art. 17 of the OECD Model

M. TENORE, D. MOLENAR and R.VANN. Red Card Article 17?. Bulletin for InternationalTaxation. March 2012. Page 127

S. VELASCO. Iberia Lawyer, January/February 2010. Page 30

Taxand. Comments on the Discussion Draft on the Application of Article 17 (Artistes andSportsmen) of the OECD Model Tax Convention Issued on 23 April 2010

6.Sitographyhttp://www.advoco.es/advice/8-personal-tax/70-beckhams-law.html

http://www.businessofsoccer.com/2012/01/16/why-the-beckham-law-repeal-isnt-a-big-deal/

http://www.europapress.es/nacional/noticia-futbol-presidente-liga-tilda-dano-irreparable-futbol-

espanol-reforma-ley-beckham-20091103190704.html
http://www.advoco.es/advice/8-personal-tax/70-beckhams-law.htmlhttp://www.businessofsoccer.com/2012/01/16/why-the-beckham-law-repeal-isnt-a-big-deal/http://www.europapress.es/nacional/noticia-futbol-presidente-liga-tilda-dano-irreparable-futbol-espanol-reforma-ley-beckham-20091103190704.htmlhttp://www.europapress.es/nacional/noticia-futbol-presidente-liga-tilda-dano-irreparable-futbol-espanol-reforma-ley-beckham-20091103190704.htmlhttp://www.europapress.es/nacional/noticia-futbol-presidente-liga-tilda-dano-irreparable-futbol-espanol-reforma-ley-beckham-20091103190704.htmlhttp://www.europapress.es/nacional/noticia-futbol-presidente-liga-tilda-dano-irreparable-futbol-espanol-reforma-ley-beckham-20091103190704.htmlhttp://www.businessofsoccer.com/2012/01/16/why-the-beckham-law-repeal-isnt-a-big-deal/http://www.advoco.es/advice/8-personal-tax/70-beckhams-law.html


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http://www.jda.es/es/2012/11/07/la-reforma-de-la-ley-beckham/

http://www.milannews.it/?action=read&idnotizia=89443

http://www.strongabogados.com/beckham-law.php

http://www.tuttosport.com/calcio/serie_a/milan/2009/11/04-44572/Galliani:%20%C2%ABAnomalia%20spagnola%20resta%C2%BB
http://www.jda.es/es/2012/11/07/la-reforma-de-la-ley-beckham/http://www.strongabogados.com/beckham-law.phphttp://www.tuttosport.com/calcio/serie_a/milan/2009/11/04-44572/Galliani:%20%C2%ABAnomalia%20spagnola%20resta%C2%BBhttp://www.tuttosport.com/calcio/serie_a/milan/2009/11/04-44572/Galliani:%20%C2%ABAnomalia%20spagnola%20resta%C2%BBhttp://www.tuttosport.com/calcio/serie_a/milan/2009/11/04-44572/Galliani:%20%C2%ABAnomalia%20spagnola%20resta%C2%BBhttp://www.tuttosport.com/calcio/serie_a/milan/2009/11/04-44572/Galliani:%20%C2%ABAnomalia%20spagnola%20resta%C2%BBhttp://www.strongabogados.com/beckham-law.phphttp://www.jda.es/es/2012/11/07/la-reforma-de-la-ley-beckham/

The Taxation of Artists and Sportsmen. the Spanish Perspective

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