Tax on transfers to Spanish clubs: Supreme Court ruling in Neymar & James Rodríguez cases
Spanish Supreme Court has answered to the appeals filed by the Brazilian football club Santos Futebol Clube[1] and the Monegasque club AS Monaco SA[2] regarding the taxation in Spain of the income obtained from the "transfers of federative rights" (i.e. the right to register a player with a national football association and professional club?) of the players Neymar and James Rodríguez, to FC Barcelona and Real Madrid, respectively.
The Supreme Court has settled, through these rulings, a matter that has derived in much uncertainty during last years, (causing numerous tax audits and subsequent judicial proceedings), that involved clubs from certain countries that sold players to Spanish clubs. The key question being – should profits made on the sale of a player from Brazil, Argentina, Monaco be subject to capital gains tax in Spain.
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- Tags: Dispute Resolution | Football | Governance | Regulation | Spain | Tax Law | Taxation
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Written by
Carlos Carnero
Partner, Senn, Ferrero Asociados Sports & Entertainment
Carlos Carnero is a partner at Senn Ferrero Asociados Sports and Entertainment SLP. He is focused in the tax advisory of sportspeople, artists and sports entities. He has expertise in contracts for sportspeople, image rights exploitation, and sponsorship agreements, and he provides advice to football players in the main world leagues. He has published numerous articles about sports taxation in legal journals, business press and specialized sports websites.
María Chicote
María Chicote is a Senior Associate in the Tax Department of Senn, Ferrero, Asociados. She has extensive experience in the field of tax law, particularly in tax procedures. She has provided expert assistance and advise to national and international clients in all the various stages of any tax dispute. She advises regularly on tax audits, information requests, settlement of tax claims and subsequent tax litigations procedures.
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