Spain to impose tax on OTT platforms to fund local audiovisual production

News Video Spain 9 NOV 2020
Spain to impose tax on OTT platforms to fund local audiovisual production
The Spanish government is set to bring in legislation that would impose a 5 percent tax on OTT platforms including Netflix, HBO, Amazon Prime Video and Disney+ with a view to funding local and European audiovisual production, according to a draft law introduced by the Ministry of Economic Affairs and Digital Transformation. Under the draft General Law on Audiovisual Communication, the streaming giants will be taxed on the basis of earnings generated in Spain "in line with the reality of the market where new audiovisual players have multiplied as a result of new technologies," said the ministry.

Specifically, the new law would extend the obligation to finance European audiovisual production to providers offering services in Spain even if they are not physically present in the country. According to the draft law, platforms with a turnover of more than EUR 50 million generated from services in Spain would be required to allocate 5 percent of these revenues to finance European audiovisual works or as a contribution to the Cinematography Protection Fund.

A total of 70 percent of the amount must be allocated to fund audiovisual works by independent producers, and a minimum of 40 percent must be used to fund independent films in any of Spain’s official languages, added the draft. In addition, platforms earning less than EUR 50 million would be required to fund the rights to finished European productions, with at least 70 percent allocated to independent producers.

The move comes as the Spanish government is preparing to bring in a 3 percent tax on the digital revenues of large internet firms at the start of next year. The aim is to raise some EUR 1.2 billion a year from taxing online advertising, platforms and sales of user data by companies with global revenues above EUR 750 million that bring in a minimum of EUR 3 million in digital services revenue in Spain.

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