Royalty withholding tax - Payments for Olympic Games broadcast rights
Source: Taxation In Australia Journal Article
Published Date: 1 Nov 2016
The Full Federal Court in FCT v Seven Network Ltd has held that payments made by Seven to the International Olympic Committee for the live data signal (ITVR signal) that was used to broadcast the Olympic Games were not a royalty under the former Australia/Switzerland tax treaty and therefore not subject to royalty withholding tax. The case highlights the complexities that arise in matters involving digital data where copyright does not exist in the ITVR under Australian law. While the decision considered the term royalty in the former double tax agreement (DTA) and may be considered of limited relevance given a new DTA is now in force, the reasoning of the primary judge as to the nature of the ITVR signal may have relevance for considering whether future payments made by an Australian broadcaster for a live signal to be used to broadcast live on television are a royalty under both domestic law and a DTA.
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Details
- Published By: Richard Goodwin CTA
- Published On:1 Nov 2016
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