Income Tax (Trading and Other Income) Act 2005

35 (1) Any requirement in Chapter 9 of Part 2 for a film to be genuinely intended for theatrical release does not apply to a film completed (within the meaning of that Chapter)— U.K.

(a) on or after 17th April 2002 if—

(i) an application for certification was received by the Secretary of State before that date, or

(ii) the film is a qualifying drama (see sub-paragraph (2)),

(b) before 1st January 2002 if—

(i) the film was certified by the Secretary of State before 17th April 2002, or

(ii) an application for certification was received by the Secretary of State before 17th April 2002, or

(c) at any time in the period beginning with 1st January 2002 and ending with 16th April 2002.

References in this sub-paragraph to certification are to certification of the original master version of the film under Schedule 1 to the Films Act 1985 (c. 21) as a qualifying film, tape or disc.

(2) A film is a qualifying drama if—

(a) it is a drama with an average production expenditure per hour of running time of the completed film greater than £500,000,

(b) it was commissioned on or before 17th April 2002, and

(c) the first day of principal photography was on or before 30th June 2002.

(3) For the purposes of sub-paragraph (2) “drama” does not include—

(a) anything in the nature of—

(i) an advertisement or promotional film,

(ii) a discussion programme, news or current affairs programme, quiz show, panel show, variety show or similar entertainment, or

(iii) a training film, or

(b) a film of a live event or of a theatrical or artistic performance given otherwise than for the purpose of being filmed,

but it includes a documentary involving the dramatic reconstruction of events if the dramatic content forms 50% or more of the running time.

(4) For the purposes of sub-paragraph (2) the production expenditure on a film means the total production expenditure in respect of the original master version of the film (as defined by section 141).