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Image rights

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Beamrider

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I agreed in one of the other threads to put up some info on how image rights work. Firstly, the financial aspects:

So let’s assume, for Illustration, that a club is signing a player and he wants £3m net per annum (the ask will often be in net, rather than gross terms, especially if the player is moving from overseas and the agent doesn't want to be bothered about how UK tax works - basically they put the onus on the club to prove the point).

The easiest way of doing this is by paying him a salary. Ignoring lower tax rates and bands, the player will pay UK income tax of 45% and national insurance of 3.25% (including the new social care levy). So every pound is worth 51.75p after tax. That means that to pay him £3m net, the club has to pay a gross salary of £3m / .5175 = £5.795m. The club then has to pay employer's national insurance at 15.05% plus apprenticeship levy at 0.5%. So the all in cost to the club is £5.795 x 1.1555 = £6.699m.

This is the basic annual cost, assuming no image rights.

So then the club proposes instead that it will pay the player a gross figure, plus a further (say) 20% in image rights. The image rights will be paid to a company to which the player has assigned the rights to his image (usually his agent will have advised him to do this years ago and most players now have these structures already in place). We’ll assume the company is in the UK and that it pays tax on those image rights at 20%.

The payment of image rights does not attract national insurance for either party, nor apprenticeship levy for the club.

So the revised package looks like this (you’ll have to trust me on the numbers as the maths for working them out is complicated - I wrote a complex formula years ago to work this out):

Salary of £4,428k - translates to £4,428k x .5175 = £2,292k net
Image rights of £4,428k x 20% = £886k gross less 20% tax = £708k net.

Total net is £3m so the player is in the same position (but £708k is in his image rights company, not in his own bank account).

But from the club’s perspective, the cost is:

Salary £4,428k x 1.1555 = £5,117k PLUS
Image rights of £886k (no levies).
Total cost is £6,003k.

So the club saves £696k (which is all, basically, reduced tax / levy payments to HMRC). Obviously there is an ethical angle there and I'm just presenting the facts without judgment. Point is that none of this is illegal, but like all tax avoidance strategies it will have its critics.

The numbers will vary based on the assumptions used - I.e. how much is paid in image rights and what the assumed tax rate is on those image rights - the higher the rate of image rights and/or the lower the assumed tax on them, the more can be saved. Clearly there is room for negotiation in all of this, but the key point is that it is more affordable for the club and helps them to get to the player's asking price more cost effectively.

That’s the basic maths of it.

But there are some practical issues to consider which I’ll address in the next post.
 
Some practical points:

Part of the player’s salary is tied up in the company. Taking cash out of the company will have tax consequences. In practice, players tend to do one of two things:

1. Lend themselves the money (this attracts a tax charge, although the tax payable is refunded if the loan is repaid to the company).
2. Leave the money where it is and use it to invest - e.g. if they’re going to buy a pub or a restaurant, they’ll buy it via the image rights company. They would probably want to put it in a company anyway so this kills two birds with one stone.

If it’s important to them to have cash in hand then they may not want to do image rights at all, but if they insist on being paid gross then they may need to agree to a lower gross amount (and hence a lower net). Just basic bargaining / negotiation and what the club can/will afford.

The standard Premier League contract provides for some basic image duties. This part of the contract will be over-ridden by the image rights agreement (and in practice, the player won't be able to sign up to it in a personal capacity anyway). The duties to be granted by the image rights company to the club will usually be more wide-ranging than those in the standard PL contract anyway. For example, the PL contract provides that there must always be at least 3 players present when duties are performed, but the image rights contract will probably allow for individual appearances - for example, Firmino appears on his own in the latest Nivea TV advert, which probably means he has an image rights deal (and Milner did the last one on his own). However, you will often see adverts with 3 or more players in them (meaning one or more of those players probably doesn’t have an image rights deal).

Agent fees are typically based on a percentage of guaranteed earnings (salary plus image rights) so if the total gross payments are reduced, the agent fee would go down. Most agents seem to live with this on the basis that their client would be looking at a lower gross if they didn’t go with image rights.

HMRC will only accept the tax treatment set out above within certain parameters. I don’t know what the current position is (i.e. whether there are ratios they consider acceptable) but they used to insist on evidence that the deals were commercial (appropriately valued) - which tended to mean relatively low percentages (20% would be near the top of the range) and evidence of the clubs exploiting the rights (ie the players had to actually make appearances etc). That’s obviously fine for the top players who are in demand, but not so much when a player gets injured or falls out of favour and sponsors don’t really want him. So there is always a risk that if a signing goes wrong, the tax exempt treatment could fail if the club doesn't / can't exploit the image rights as planned.

There is some detailed HMRC guidance on image rights which is publicly available, but it deals with principles, not valuations.

Image rights can be “club context” (ie player in LFC kit and/or surroundings) or personal (player not associated with LFC). So, for example, Trent did an advertising campaign for Under Armour, where he was in non-LFC kit - this will probably not have been negotiated with the club, he'll have done it directly with Under Armour. Players generally won’t want to sign over their personal image rights so they can do stuff for other sponsors, but the club will want to protect its commercial contracts by preventing appearances for competitor brands (e.g. no other bank than standard Chartered, no other insurer except AXA). This can create some tension, but is one of the club's commercial arguments for doing image rights - without a separate image rights contract, the standard PL terms only protect key sponsors (i.e. shirt and kit supplier), so a competitor brand to Joie, for example, wouldn’t be prohibited. I'd be surprised if Trent's campaign with Under Armour hadn't caused some friction with Nike, although it might have been cleared in advance.

The contract typically contains a carve-out for boot deals, so players aren’t obliged to wear boots from the official kit supplier - this is understood and accepted by sports kit suppliers and boot supply wouldn't be granted as a right to the club's kit supplier.

Player loans out tend to be a problem. While on loan to another club, the player can’t do club-context appearances for sponsors, which would mean he would fail the requirements for beneficial tax treatment (as his image rights wouldn't have been exploited by the club). Clubs will therefore tend to suspend image rights during this period, but they’ll then end up having to pay the player extra salary to compensate for the loss of income (so they lose the benefit of the tax saving from the image rights contract).

Similarly, if a player is loaned in, it tends to be tricky to negotiate image rights duties while they’re at the club because it will breach terms he has with his parent club.

Finally, even if the tax conditions are met by the club, having image rights in place increases the player’s tax risk profile with HMRC, so they’re more likely to have their returns queried, especially if their image rights company isn't paying tax in the UK. Ultimately, there shouldn’t be extra tax to pay if everything is above board, but it means extra hassle of dealing with enquiries.
 
Further note on what City are alleged (by Der Spiegel) to have done with their image rights. This is from the Der Spiegel article:

"For example, the club transferred the marketing rights for its players to an external company. Normally, professional teams have to pay their athletes for the right to use them in club marketing material. But City drummed up buyers for those marketing rights -- an ingenious plan. Suddenly, the club no longer had to pay the marketing fees -- the new buyers did, resulting in spending cuts for Man City. Furthermore, the sale of the marketing rights generated additional revenues for the club to present to UEFA investigators: almost 30 million euros in this case."

Basically, they transferred the image rights to another company and that company paid for them, reducing City's wage bill (probably by anything from 10-20%). But there is a fundamental problem with this. City's "commercial" deals are founded on the assumption that they can require their players to carry out promotional work for their sponsors. They can only do this if they own the rights to the players' image. Which, under the above scenario, they wouldn't. So either:
  • They would need to pay the external company a fee to use those rights (which would put the costs back in their accounts); or
  • The whole thing is bullshit and should have been struck out by UEFA / the Premier League on any investigation (and it really should have been obvious to anyone reviewing the books).
It appears neither of these things happened. Draw your own conclusions.
 
Summary - if you pay for a signed photo of a player, the club gets at least a cut if not all.

(I haven't read the posts)
 
@Beamrider - thanks for making the effort here.
Can you binnify it please?
TLDR; (very bastardised)

Player does image rights to get more net salary (reduced tax)

Player transfers Image Rights portion to a seperate entity. Usually used for investments (and possibly philanthropy, though beamrider didn't say this).

Player needs to prove they have done some promotional work to show they aren't tax dodging to HMRC.

City outsourced the accounting to another company for the image rights to try and circumvent putting it their their accounts at all.

Apologies if I got any of that wrong @Beamrider
 
TLDR; (very bastardised)

Player does image rights to get more net salary (reduced tax)

Player transfers Image Rights portion to a seperate entity. Usually used for investments (and possibly philanthropy, though beamrider didn't say this).

Player needs to prove they have done some promotional work to show they aren't tax dodging to HMRC.

City outsourced the accounting to another company for the image rights to try and circumvent putting it their their accounts at all.

Apologies if I got any of that wrong @Beamrider

The only question I care about is if according to this analysis Man City and Chelsea are illegal cunts or just cunts?
 
The only question I care about is if according to this analysis Man City and Chelsea are illegal cunts or just cunts?
I don’t think Chelsea have done anything untoward. If the football leaks stuff about City is true then it’s another breach of FFP, but not “illegal”.
 
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