The Revenue Agency has announced that, for the purposes of benefiting from the impatriate regime, self-employment income produced in the exercise of the activity of sports agent carried out in the territory of the State may contribute to the formation of income to the extent of 30% or 10% starting from the tax period of transfer of tax residence in Italy, and for the four following tax periods.
The activity of sports agent as regulated by Legislative Decree No. 37 of 28 February 2021
With reference to the activity of sports agent, Legislative Decree No. 37 of 28 February 2021, implementing Article 6, of Law No. 86 of 8 August 2019, in order to ensure impartiality, independence and transparency in the activity of sports agents, sets out the measures concerning the representation relationships of athletes and sports clubs and the access to and exercise of the profession of sports agent, which, by express provision contained in Article 15-bis, shall apply as of 1 January 2023.
Article 3 of the aforementioned Legislative Decree no. 37 of 2021, defines a sports agent as a person who, in execution of a sports mandate contract, puts in contact two or more persons operating within the scope of a sporting discipline recognised by CONI and the IOC, as well as by the CIP and the IPC, whether they are sports workers or sports clubs or associations, for the purpose of the conclusion, termination or renewal of a sports employment contract, the transfer of the sports performance by assignment of the relevant employment contract, or the registration of a sports person with a national sports federation, providing professional assistance, consultancy and mediation services.
The aforementioned definition states that
“the sports agent provides professional assistance, consultancy and mediation services, which implies that he, in the exercise of his activity, draws on specific professional skills relating to the special sector of the sporting legal system, which are such as to make the agent’s personal contribution to the provision of professional assistance rendered to the client relevant”. Article 4 of the same decree provides that “in order to pursue the profession, the sports agent must be entered in a special national register, set up at CONI, after passing a qualifying examination aimed at ascertaining his suitability”.
The exercise of the activity of sports agent constitutes the exercise of a liberal profession that the legislator intended to regulate fully, even in the definition of parameters for the determination of the relevant fees. The aforementioned provisions reveal, in fact, the intention to describe the activity performed by the sports agent as a ‘profession’.
The position taken by the Agency in answer no. 315 of 31 May 2022
The Italian Revenue Agency has reiterated the contents of the Internationalisation Decree, which introduced the special regime for impatriated workers.
In order to benefit from the treatment referred to in Article 16 of the Internationalisation Decree, as amended by the Growth Decree, it is necessary, pursuant to paragraph 1, that the worker:
- transfers his residence to the territory of the State pursuant to Article 2 of the TUIR
- has not been resident in Italy in the two tax periods preceding the transfer and undertakes to reside in Italy for at least two years
- works predominantly in Italy.
According to paragraph 2 below, the content of which has remained unchanged with respect to the version of Article 16 in force until 30 April 2019, citizens of the European Union or of a non-EU State with which a double taxation convention or an agreement on the exchange of information in tax matters is in force who:
- have a university degree and have been ‘continuously’ employed, self-employed or engaged in business outside Italy for the last 24 months or more, or
- have ‘continuously’ pursued a study activity outside Italy in the last 24 months or more, obtaining a university degree or postgraduate specialisation.
The relief in question is available to taxpayers for five years starting from the tax period in which they transfer their tax residence to Italy, pursuant to Article 2 of the TUIR, and for the following four tax periods.
In the case at hand, considering the provisions of Legislative Decree No. 37 of 2021, the Italian Revenue Agency has recognised that income earned in the exercise of such activity, without any subordination, constitutes self-employment income pursuant to Article 53 of the TUIR.
Self-employment income generated in the exercise of the activity of sports agent/sports agent carried out in the territory of the State will contribute to the formation of the overall income to the extent reduced by 30%, as of 2022, the tax period of transfer of tax residence to Italy, and for the four subsequent tax periods.