Major Sporting Events (Income Tax Exemption) (2021 UEFA Super Cup) Regulations 2021
Published 9 September 2021
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Who is likely to be affected
Non-UK resident players, officials and other designated individuals participating in, or otherwise involved with, the 2021 UEFA Super Cup match being played at the National Football Stadium at Windsor Park in Belfast, Northern Ireland on 11 August 2021.
General description of the measure
The exemption applies to certain individuals who have been accredited by UEFA for the purposes of the 2021 UEFA Super Cup match if they are not resident in the UK for tax purposes and earn income in connection with this match. This includes those individuals whose tax residence is ‘split’ between the UK and another country in tax year 2021 to 2022 where such income arises in the part of the year when they are not UK resident.
The scope of the exemption covers income directly related to participating in the event and income directly related to services and duties performed specifically for the event. Payers of such income will not be subject to the withholding tax obligations that would otherwise apply.
Policy objective
The government is committed to making sure the UK continues to be an attractive location to host international world-class sporting events. The granting of an Income Tax exemption supports this objective where the event in question is internationally mobile and where such an exemption is a condition of the bidding process to host the event.
Previously an Income Tax exemption was a condition of the UK’s successful bid to host the UEFA Champions League Final 2017 in Cardiff and matches at the UEFA Euro 2020 final tournament.
In the absence of the exemption, subject to the terms of any applicable double taxation treaty, the affected non-UK resident individuals would be fully taxed on their income arising in connection with the 2021 UEFA Super Cup match, and non-UK resident sportspersons would also be taxed on a proportionate share of their worldwide sponsorship income. Payers of income to non-UK resident sportspersons and entertainers would be liable to withhold UK tax from their payments. This would make the UK less attractive as a host for international sporting events.
Background to the measure
The UEFA Super Cup match is played annually between the winners of the UEFA Champions League and the winners of the UEFA Europa League. The match is hosted by a different country each year.
The granting of an Income Tax exemption for persons designated by UEFA was a condition of the bidding process for all countries seeking to host the 2021 UEFA Super Cup match.
The Irish Football Association bid to host the 2021 UEFA Super Cup match on the basis that the UK government agreed to the formal requirement of providing an Income Tax exemption if it was successful. A letter was provided to UEFA by the Financial Secretary to the Treasury at the time to confirm this.
Detailed proposal
Operative date
The Major Sporting Events (Income Tax Exemption) (2021 UEFA Super Cup) Regulations 2021 will come into force on 31 July 2021. Only individuals earning income liable to tax from duties or services performed in the UK between 10 August 2021 and 12 August 2021 inclusive will be affected.
Current law
The legislation outlining the statutory basis for the taxation of employment income for non-UK resident employees, including sportspersons and entertainers, is provided by Section 27 of the Income Tax (Earnings and Pensions) Act 2003. The legislation for self-employment income is provided by Section 6(2) of the Income Tax (Trading and Other Income) Act 2005, with specific legislation applicable to visiting performers at Section 13 of the Income Tax (Trading and Other Income) Act 2005.
In relation to sportspersons and entertainers, relevant withholding tax provisions are set out in Section 966 of the Income Tax Act 2007 and the Income Tax (Entertainers and Sportsmen) Regulations 1987 (SI 1987/530).
These regulations provide that the payer of the visiting entertainer or sportsperson is required to deduct the basic rate of Income Tax from any payments made. This withheld tax is then paid to HMRC in the quarterly returns submitted by the payer.
A non-UK resident entertainer or sportsperson is required to complete a Self Assessment tax return if they have paid too little tax on the payments received. They also complete a return if they believe too much tax has been withheld and a repayment is due.
The legislation that gives the power to provide for an exemption from Income Tax and Corporation Tax is at Section 48 of the Finance Act 2014. This states that where a major sporting event is to be held in the United Kingdom, the Treasury may make regulations providing for exemption from Income Tax and Corporation Tax in relation to the event.
Proposed revisions
The Major Sporting Events (Income Tax Exemption) (2021 UEFA Super Cup) Regulations 2021 provide for an exemption from Income Tax on income earned in the UK by certain non-UK resident individuals in connection with the 2021 UEFA Super Cup. The exemption applies to income received by non-UK resident accredited players and officials and other non-UK resident accredited individuals for relevant duties or services performed in connection with the 2021 UEFA Super Cup match provided that the income arises in respect of duties or services performed in the UK between 10 August 2021 to 12 August 2021 inclusive.
Regulation 2 defines ‘accredited person’, ‘2021 UEFA Super Cup’, ‘income’ and ‘UEFA’ for the purposes of the regulations.
Regulation 3 provides that accredited non-resident individuals do not have to pay Income Tax on their income where it is earned in respect of duties or services performed in the UK between 10 August 2021 and 12 August 2021 in connection with the 2021 UEFA Super Cup match and in pursuance of the specific role in respect of which the individual has been accredited. It also defines the condition of non-residence in relation to applying the exemption and disapplies the withholding tax requirement contained in section 966 of the Income Tax Act 2007.
Summary of impacts
Exchequer impact (£million)
| 2021 to 2022 | 2022 to 2023 | 2023 to 2024 | 2024 to 2025 | 2025 to 2026 | 2026 to 2027 |
|---|---|---|---|---|---|
| nil | – | – | – | – | – |
This measure is not expected to have an Exchequer impact.
Economic impact
This measure is not expected to have any significant economic impacts.
Impact on individuals, households and families
This measure is not expected to impact on individuals as it only affects non-UK resident players, officials and other designated individuals in a business context participating in, or otherwise involved in, the 2021 UEFA Super Cup match. There is expected to be no impact on family formation, stability or breakdown.
Equalities impacts
It is not anticipated that there will be impacts for those sharing protected characteristics. Impact on business including civil society organisations
This measure is expected to impact on an estimated 600 non-UK resident players, officials and other designated individuals within a business context who are participating in, or otherwise involved with, the 2021 UEFA Super Cup match. The exemption means that these individuals will not be subject to UK Income Tax on income in connection with those matches where such income arises in respect of their activities in the UK between 10 August 2021 and 12 August 2021. They may still be liable to tax on this income in the countries in which they are resident. UK resident individuals or businesses will not benefit from the exemption.
One-off costs will include familiarisation with the changes. There are not expected to be any continuing costs. Customer experience is expected to stay broadly the same as this measure is around exempting eligible individuals to Income Tax. This measure is not expected to impact civil society organisations.
Operational impact (£million) (HMRC or other)
It is not expected that implementing this change will incur any additional costs for HMRC
Other impacts
Other impacts have been considered and none has been identified.
Monitoring and evaluation
This measure will be kept under review through communication with affected taxpayer groups.
Further advice
If you have any questions about this change, contact Aidan Close on Telephone: 03000 585 255 or email: aidan.close@hmrc.gov.uk.
Declaration
The Right Honourable Jesse Norman MP, Financial Secretary to the Treasury has read this tax information and impact note and is satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impacts of the measure.