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Part 15U.K.Film production

Modifications etc. (not altering text)

C1Pt. 15 applied (with modifications) by S.I. 2007/1050, regs. 3-12 (as amended (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 2 para. 131 (with Sch. 2 Pts. 1, 2))

Chapter 3U.K.Film tax relief

Conditions of reliefU.K.

F11196Intended theatrical releaseU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 1196 omitted (with effect in accordance with s. 16(5)(6) of the amending Act) by virtue of Finance Act 2022 (c. 3), s. 16(3)

[F21196AIntended release or broadcastU.K.

(1)The film must—

(a)be intended for theatrical release, or

(b)be a television programme intended for broadcast to the general public that meets conditions A to D in section 1216AB (meaning of “relevant programme”).

(2)For this purpose—

(a)theatrical release” means exhibition to the paying public at the commercial cinema,

(b)a film is not regarded as intended for theatrical release unless it is intended that a significant proportion of the earnings from the film should be obtained by such exhibition, and

(c)television programme” has the same meaning as in Part 15A (see section 1216AA).

(3)Whether the condition in subsection (1) is met is determined for each accounting period of the company during which film-making activities are carried on in relation to the film, in accordance with the following rules.

(4)If the condition in subsection (1) is met at the end of an accounting period, it is treated as having been met throughout that period (subject to subsection (5)(b)).

(5)If the condition in subsection (1) is not met at the end of an accounting period—

(a)it is treated as having been not met throughout that period, and

(b)it cannot be met in any subsequent accounting period.

This does not affect any entitlement of the company to relief in an earlier accounting period for which the condition in subsection (1) was met.]

Textual Amendments

F2S. 1196A inserted (with effect in accordance with s. 16(5)(6) of the amending Act) by Finance Act 2022 (c. 3), s. 16(4)

1197British filmU.K.

The film must be certified by the Secretary of State as a British film under Schedule 1 to the Films Act 1985 (c. 21).

1198UK expenditureU.K.

(1)At least [F310%] of the core expenditure on the film incurred—

(a)in the case of a British film other than a qualifying co-production, by the company, and

(b)in the case of a qualifying co-production, by the co-producers,

must be UK expenditure.

(2)The Treasury may by regulations amend the percentage specified in subsection (1).

Textual Amendments

F3Percentage in s. 1198(1) substituted (with effect in accordance with s. 32(4) of the amending Act) by Finance Act 2014 (c. 26), s. 32(2); S.I. 2014/2880, art. 2

Modifications etc. (not altering text)

C2S. 1198(1): power to amend conferred (17.7.2014) by Finance Act 2014 (c. 26), s. 32(7)