Finance Act 2013 (c. 29)

SCHEDULES

SCHEDULE 18 U.K. Television and video games tax relief: consequential amendments

CTA 2009 U.K.

8 U.K. In Chapter 6A of Part 3 of CTA 2009 (trade profits: R&D expenditure credits), after section 104B insert—

“104BA Restriction on claiming other tax reliefs

(1) For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under Chapter 3 of Part 15 (film tax relief), see section 1195(3A).

(2) For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under Chapter 3 of Part 15A (television tax relief), see section 1216C(4).

(3) For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under Chapter 3 of Part 15B (video games tax relief), see section 1217C(4).”

9 U.K. In Part 8 of CTA 2009 (intangible fixed assets), in Chapter 10 (excluded assets), after section 808 insert—

“808A Assets representing production expenditure on certain TV programmes

(1) This Part does not apply to an intangible fixed asset held by a television production company so far as it represents production expenditure on a television programme to which Chapter 2 of Part 15A (taxation of activities of television production company) applies.

(2) In this section—

(a) “television programme” has the same meaning as in Part 15A (see section 1216AA),

(b) “television production company” has the same meaning as in that Part (see section 1216AE), and

(c) “production expenditure” has the same meaning as in that Part (see section 1216AG(2)).

808B Assets representing core expenditure on video games

(1) This Part does not apply to an intangible fixed asset held by a video games development company so far as it represents core expenditure on a video game to which Chapter 2 of Part 15B (taxation of activities of video games development company) applies.

(2) In this section—

(a) “video game” has the same meaning as in Part 15B (see section 1217AA),

(b) “video games development company” has the same meaning as in that Part (see section 1217AB), and

(c) “core expenditure” has the same meaning as in that Part (see section 1217AD).”

10 U.K. In Part 13 of CTA 2009 (additional relief for expenditure on research and development), after section 1040 insert—

“1040ZA Restriction on claiming other tax reliefs

(1) For provision prohibiting relief being given under this Part and under Chapter 3 of Part 15 (film tax relief), see section 1195(3A).

(2) For provision prohibiting relief being given under this Part and under Chapter 3 of Part 15A (television tax relief), see section 1216C(4).

(3) For provision prohibiting relief being given under this Part and under Chapter 3 of Part 15B (video games tax relief), see section 1217C(4).”

11 U.K. Part 15 of CTA 2009 (film tax relief) is amended as follows.

12 U.K. In section 1195 (availability and overview of film tax relief), after subsection (3) insert—

“(3A) But film tax relief is not available in respect of any expenditure if—

(a) the company is entitled to an R&D expenditure credit under Chapter 6A of Part 3 in respect of the expenditure, or

(b) the company has obtained relief under Part 13 (additional relief for expenditure on research and development) in respect of the expenditure.”

13 (1) Section 1206 (confidentiality of information) is amended as follows. U.K.

(2) In subsection (1), for the words from “Schedule 1” to the end substitute “ any of the provisions listed in subsection (1A) ”.

(3) After subsection (1) insert—

“(1A) The provisions referred to in subsection (1) are—

(a) sections 1216CB to 1216CD (certification of relevant programmes as British),

(b) sections 1217CB to 1217CD (certification of video games as British), and

(c) Schedule 1 to the Films Act 1985 (certification of films as British).”

(4) In subsection (2), for “UK Film Council” substitute “ British Film Institute ”.

(5) After that subsection insert—

“(2A) The Treasury may by order amend subsection (2)—

(a) so as to substitute for the person or body specified in that subsection a different person or body, or

(b) in consequence of a change in the name of the person or body so specified.”

(6) In subsection (3)—

(a) in paragraph (a), for the words from “Schedule 1” to the end substitute “ any of the provisions listed in subsection (1A) ”;

(b) in paragraph (d), for “that Schedule or this Part” substitute “ any of Parts 15 to 15B of this Act or Schedule 1 to the Films Act 1985 ”.

14 (1) In section 1310 of CTA 2009 (orders and regulations), subsection (4) is amended as follows. U.K.

(2) Omit the “or” at the end of paragraph (e) and after that paragraph insert—

“(ea) section 1216AF(3) (meaning of “television production activities” etc),

(eb) section 1216AH(3) (meaning of “UK expenditure” etc),

(ec) section 1216CE(2) (UK expenditure),

(ed) section 1216CF(4) (additional deduction for qualifying expenditure),

(ee) section 1216CG(3) (amount of additional deduction),

(ef) section 1217AC(2) (meaning of “video games development activities” etc),

(eg) section 1217AE(3) (meaning of “UK expenditure” etc),

(eh) section 1217CE(2) (UK expenditure),

(ei) section 1217CF(4) (additional deduction for qualifying expenditure),

(ej) section 1217CG(3) (amount of additional deduction),”.

15 (1) Schedule 4 to CTA 2009 (index of defined expressions) is amended as follows. U.K.

(2) At the appropriate place insert—

“the company (in Chapter 5 of Part 15A)

section 1216E(1)”;

“company tax return (in Part 15A)

section 1216AJ”;

“the completion period (in Chapter 5 of Part 15A)

section 1216E(1)”;

“co-producer (in Part 15A)

section 1216AI”;

“core expenditure (in Part 15A)

section 1216AG(3)”;

“costs of the relevant programme (in Chapter 2 of Part 15A)

section 1216BC”;

“final certificate (in Chapter 5 of Part 15A)

section 1216CC”;

“income from the relevant programme (in Chapter 2 of Part 15A)

section 1216BB”;

“interim accounting period (in Chapter 5 of Part 15A)

section 1216E(1)”;

“interim certificate (in Chapter 5 of Part 15A)

section 1216CC”;

“principal photography (in Part 15A)

section 1216AF(2)”;

“production expenditure (in Part 15A)

section 1216AG(2)”;

“qualifying co-production (in Part 15A)

section 1216AI”;

“qualifying expenditure (in Chapter 3 of Part 15A)

section 1216CF(3)”;

“relevant programme (in Part 15A)

section 1216AB”;

“the separate programme trade (in Chapters 2, 3 and 5 of Part 15A)

section 1216B(3)”;

“special television relief (in Chapter 5 of Part 15A)

section 1216E(1)”;

“television production activities (in Part 15A)

section 1216AF”;

“television production company (in Part 15A)

section 1216AE”;

“television programme (in Part 15A)

section 1216AA”;

“television tax relief (in Part 15A)

section 1216C(2)”;

“UK expenditure (in Part 15A)

section 1216AH”.

(3) At the appropriate place insert—

“the company (in Chapter 5 of Part 15B)

section 1217E(1)”;

“company tax return (in Part 15B)

section 1217AF”;

“the completion period (in Chapter 5 of Part 15B)

section 1217E(1)”;

“core expenditure (in Part 15B)

section 1217AD”;

“costs of the video game (in Chapter 2 of Part 15B)

section 1217BC”;

“final certificate (in Chapter 5 of Part 15B)

section 1217CC”;

“income from the video game (in Chapter 2 of Part 15B)

section 1217BB”;

“interim accounting period (in Chapter 5 of Part 15B)

section 1217E(1)”;

“interim certificate (in Chapter 5 of Part 15B)

section 1217CC”;

“qualifying expenditure (in Chapter 3 of Part 15B)

section 1217CF(3)”;

“the separate video game trade (in Chapters 2, 3 and 5 of Part 15B)

section 1217B(3)”;

“special video games relief (in Chapter 5 of Part 15B)

section 1217E(1)”;

“UK expenditure (in Part 15B)

section 1217AE”;

“video game (in Part 15B)

section 1217AA”;

“video games development activities (in Part 15B)

section 1217AC”;

“video games development company (in Part 15B)

section 1217AB”;

“video games tax relief (in Part 15B)

section 1217C(2)”.