Football player’s image rights taxable as earnings

In the case of Hull City AFC (Tigers) v HMRC TC/2015/02945, a tribunal ruling stressed the importance of substance when structuring image rights deals, in a decision which has implications beyond footballers, explain Mark Davies and Sian Armitage of Mark Davies & Associates

A significant proportion of a football club’s income is derived from the endorsement of commercial products by its famous players. This means that clubs have to compete internationally between themselves for footballers with enough public appeal to raise sponsorship revenue.

As part of a competitive package to tempt star players, clubs often add separate image rights arrangements to salary and bonus schemes.

Genuine image rights payments are not considered to be employment income and so avoid payroll taxes. They also provide a future income stream, vital in the short playing careers of footballers.

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