Is there a need to review the concept of artist and athlete in article 17 of the OECD model convention? Considerations from the perspective of the Spanish tax law

Until very recently, major artistic and sporting events could not be understood without a good number of spectators moving to the venue and paying the corresponding entrance fee to access; however, it now seems that, thanks to the multiple possibilities offered by digital media, the latter is no lon...

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Detalles Bibliográficos
Autores: Toribio Bernárdez, Luis, Torrescusa Cordero, Alejandro
Tipo de recurso: artículo
Estado:Versión publicada
Fecha de publicación:2023
País:España
Institución:Universidad de Sevilla (US)
Repositorio:idUS. Depósito de Investigación de la Universidad de Sevilla
OAI Identifier:oai:idus.us.es:11441/180028
Acceso en línea:https://hdl.handle.net/11441/180028
https://doi.org/10.30682/disp0302c
Access Level:acceso abierto
Palabra clave:Taxation
Entertainers
Sportsperson
OECD Model Tax Convention
Descripción
Sumario:Until very recently, major artistic and sporting events could not be understood without a good number of spectators moving to the venue and paying the corresponding entrance fee to access; however, it now seems that, thanks to the multiple possibilities offered by digital media, the latter is no longer necessary for artistic or sporting events to be profitable and bring significant economic benefits to their protagonists. In a context like this, it is inevitable that we question whether it makes sense to maintain Article 17 of the OECD Model Tax Convention in its current terms and, in any case, whether its subjective scope of application, i.e. the current concept of entertainers and sportsperson, should not be redefined to include a new group of individuals who also carry out artistic or sporting activities but in an exclusively digital environment: influencers, streamers, podcasters, gamers, as well as any other group whose main activity consists of carrying out personal performances that are shared through social networks and other digital media.