Image rights in Australia: Fair game or foul ball?
Source: Taxation In Australia Journal Article
Published Date: 1 Apr 2017
In today's world of non-stop digital entertainment, sport, and the cult of celebrity, the names, images, likenesses and personalities of certain people are more valuable than ever before. With such value to be created, and indeed protected, comes a new form of tax mitigation strategy that can be extremely potent when undertaken effectively. This article explores the big business of image rights and image rights structuring in an international and Australian context. The author questions if Australian sports stars and other celebrities can exploit their image rights in the same way their overseas counterparts seem to be doing by examining four ATO private rulings on trusts, personal services income and capital gains tax consequences that occur on the granting of image licences. The author comes to the conclusion that it would seem that image rights structuring is a legitimate and viable tax planning option, notwithstanding the lack of specific legal recognition of image rights themselves.
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Details
- Published By: Stephen Lawrence, Michael Bennett
- Published On:1 Apr 2017
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