Corporation Tax Act 2009

[F1 CHAPTER 5 U.K. Provisional entitlement to relief

Textual Amendments

F1 Pt. 15A inserted (17.7.2003 for specified purposes, 19.7.2003 in so far as not already in force, and with effect in accordance with Sch. 16 para. 3 of the amending Act) by Finance Act 2013 (c. 29), Sch. 16 paras. 1, 2; S.I. 2013/1817, art. 2(1)

1216E Introduction U.K.

(1) In this Chapter—

• “the company” means the television production company in relation to a relevant programme,

• “the completion period” means the accounting period of the company—

  (a)

  in which the relevant programme is completed, or

  (b)

  if the company does not complete the relevant programme, in which it abandons television production activities in relation to it,

• “interim accounting period” means any earlier accounting period of the company during which television production activities are carried on in relation to the relevant programme,

• “interim certificate” and “final certificate” have the meaning given by section 1216CC,

• “the separate programme trade” means the company's separate trade in relation to the relevant programme (see section 1216B), and

• “special television relief” means—

  (a)

  television tax relief, or

  (b)

  relief under section 1216DC (transfer of terminal losses from one relevant programme to another).

(2) The company's company tax return for the completion period must state that the relevant programme has been completed or that the company has abandoned television production activities in relation to it (as the case may be).

1216EA Certification as a British programme U.K.

(1) The company is not entitled to special television relief for an interim accounting period unless its company tax return for the period is accompanied by an interim certificate.

(2) If an interim certificate ceases to be in force (otherwise than on being superseded by a final certificate) or is revoked, the company—

(a) is not entitled to special television relief for any period for which its entitlement depended on the certificate, and

(b) must amend accordingly its company tax return for any such period.

(3) If the relevant programme is completed by the company—

(a) its company tax return for the completion period must be accompanied by a final certificate,

(b) if that requirement is met, the final certificate has effect for the completion period and for any interim accounting period, and

(c) if that requirement is not met, the company—

(i) is not entitled to special television relief for any period, and

(ii) must amend accordingly its company tax return for any period for which such relief was claimed.

(4) If the company abandons television production activities in relation to the relevant programme—

(a) its company tax return for the completion period may be accompanied by an interim certificate, and

(b) the abandonment of television production activities does not affect any entitlement to special television relief in that or any previous accounting period.

(5) If a final certificate is revoked, the company—

(a) is not entitled to special television relief for any period, and

(b) must amend accordingly its company tax return for any period for which such relief was claimed.

1216EB The UK expenditure condition U.K.

(1) The company is not entitled to special television relief for an interim accounting period unless—

(a) its company tax return for the period states the amount of planned core expenditure on the relevant programme that is UK expenditure, and

(b) that amount is such as to indicate that the condition in section 1216CE (the UK expenditure condition) will be met on completion of the programme.

If those requirements are met, the company is provisionally treated in relation to that period as if that condition was met.

(2) If such a statement is made but it subsequently appears that the condition will not be met on completion of the programme, the company—

(a) is not entitled to special television relief for any period for which its entitlement depended on such a statement, and

(b) must amend accordingly its company tax return for any such period.

(3) When the relevant programme is completed or the company abandons television production activities in relation to it (as the case may be), the company's company tax return for the completion period must be accompanied by a final statement of the amount of core expenditure on the programme that is UK expenditure.

(4) If that statement shows that the condition in section 1216CE is not met, the company—

(a) is not entitled to special television relief for any period, and

(b) must amend accordingly its company tax return for any period for which such relief was claimed.

1216EC Time limit for amendments and assessments U.K.

Any amendment or assessment necessary to give effect to the provisions of this Chapter may be made despite any limitation on the time within which an amendment or assessment may normally be made.]