Donald Trump's recent threat to impose a 100% tariff on foreign films has generated global concern, especially in countries such as Spain, which have established themselves as strategic centres for audiovisual production. Although for now it is only an informal statement on networks, the legal uncertainty is already affecting international studios and legal advisors.
Helena Suárez, partner at ECIJA, points out that the proposal still lacks clear details, which complicates any in-depth legal analysis. However, she warns that her clients - some of them linked to Oscar-winning productions - are already mobilising at the associative level for fear that this measure will have a direct impact on the financing, filming or marketing of projects. Suárez points out that the lack of definition of the concept of "import" in the digital audiovisual field is one of the main technical obstacles to applying a tariff of these characteristics.
He also stresses that if the US considers these productions as services and not goods, the tariff approach would be unfeasible in traditional terms. Even so, it does not rule out the possibility that indirect ways of taxing such content could be sought, which could pose a real threat to financing models based on US market revenues.
It concludes that the future of many audiovisual projects could be jeopardised if this approach is taken without a clear legal framework, and highlights the fact that the regulatory and fiscal stability of countries such as Spain is key to maintaining its attractiveness as an international hub for the sector.
