Part 15Film production

Chapter 3Film tax relief

Introductory

1195Availability and overview of film tax relief

(1)

This Chapter applies for corporation tax purposes to a company that is the film production company in relation to a film.

(2)

Relief under this Chapter (“film tax relief”) is available to the company if the conditions specified in the following sections are met in relation to the film—

F1(a)

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

F2(aa)

section 1196A (intended release or broadcast),

(b)

section 1197 (British film), and

(c)

section 1198 (UK expenditure).

(3)

Film tax relief is given by way of—

(a)

additional deductions (see sections 1199 and 1200), and

(b)

film tax credits (see sections 1201 to 1203).

F3(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 F4Chapter 1A of Part 13 in respect of the expenditure, F5...

(b)

the company has obtained relief under F6Chapter 2 of Part 13 (relief for loss-making, R&D-intensive SMEs) in respect of the expenditure F7, or

(c)

relief is available to the company under Chapter 3 of Part 15A (television tax relief) in respect of the expenditure.

(4)

Sections 1204 to 1207 contain provision about unpaid costs, artificially inflated claims and confidentiality of information.

(5)

In this Chapter “the separate film trade” means the company's separate trade in relation to the film (see section 1188).

(6)

See Schedule 18 to FA 1998 (in particular, Part 9D) for information about the procedure for making claims for film tax relief.