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Part 3 U.K.Income tax, corporation tax and capital gains tax

Yn ddilys o 01/01/2007

Chapter 3U.K.Films and sound recordings

Modifications etc. (not altering text)

C1Pt. 3 Ch. 3 applied (with modifications) (29.3.2007) by The Corporation Tax (Taxation of Films) (Transitional Provisions) Regulations 2007 (S.I. 2007/1050), reg. 3-12 (with effect reg. 1(2)) (as amended by Corporation Tax Act 2009 (c. 4), Sch. 2 para. 131)

Film tax reliefU.K.

39Conditions of relief: intended theatrical releaseU.K.

(1)The film must be intended for theatrical release.

(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.

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

(4)If at the end of an accounting period the film is intended for theatrical release, the condition is treated as having been met throughout that period (subject to subsection (5)(b)).

(5)If at the end of an accounting period the film is not intended for theatrical release, the condition—

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

(b)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 was met.