The Corporation Tax (Certification as Low-Budget Film) Regulations 2024

Particulars and evidence prescribed for the purposes of the budget and creative connection conditions

4.—(1) An application for a low-budget certificate(1) must comply with paragraph (2) for the purposes of satisfying the Secretary of State that—

(a) the budget condition is met, and

(b) except where the film is a qualifying co-production(2), the creative connection condition is met.

(2) The application must include or be accompanied by—

(a) the particulars and evidence prescribed in the Schedule in relation to the budget condition,

(b) except where the film is a qualifying co-production, the particulars and evidence prescribed in the Schedule in relation to the creative connection condition,

(c) a statutory declaration by—

(i) a director or secretary of the production company(3) for the film, or

(ii) a representative of the production company for the film who is authorised by a director or secretary of the production company to provide the statutory declaration,

to the effect that all the particulars provided in the application are correctly stated to the best of the declarant’s information and belief,

(d) where the person making the statutory declaration is a person falling within sub-paragraph (c)(ii), a signed letter or email from the director or secretary concerned authorising the person to provide the statutory declaration, and

(e) a report prepared by a person referred to in paragraph (3) verifying the particulars prescribed in—

(i) paragraph 1 of the Schedule, and

(ii) except where the film is a qualifying co-production, paragraph 6(c) of the Schedule.

(3) A person referred to in this paragraph is a person who is eligible for appointment as a statutory auditor under section 1212 of the Companies Act 2006(4) and is not and was not at any time while the film was being made—

(a) in partnership with the production company for the film or any officer or servant of the production company,

(b) in the employment of the production company for the film or any officer or servant of the production company, or

(c) an officer or servant of the production company for the film or, if the production company is a member of a group of companies(5), of any other company in that group.

(1)

For the meaning of “low-budget certificate”, see section 1179DJA(10) of the Corporation Tax Act 2009.

(2)

For the meaning of “qualifying co-production”, see section 1179DQ(1) of the Corporation Tax Act 2009. Section 1179DQ was inserted by paragraph 1 of Schedule 2 to the Finance Act 2024.

(3)

For the meaning of “production company”, see section 1179DP of the Corporation Tax Act 2009. Section 1179DP was inserted by paragraph 1 of Schedule 2 to the Finance Act 2024.

(4)

2006 c. 46.

(5)

Under section 1179AD of the Corporation Tax Act 2009, for the purposes of Part 14A of that Act, a company is in the same group as another company if those companies are in the same group for the purposes of Part 5 of the Corporation Tax Act 2010 (c. 4). Section 1179AD was inserted by paragraph 1 of Schedule 2 to the Finance Act 2024.