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The Relief for Creative Industries (Additional Information Requirements and Miscellaneous Amendments) Regulations 2024

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Regulation 2

SCHEDULEU.K.Additional information to be provided in relation to creative claims

This schedule has no associated Explanatory Memorandum

1.  A claim to which Part 9D of Schedule 18 to the Finance Act 1998 (claims for tax relief under Parts 14A to 15E of the Corporation Tax Act 2009) applies must include the information specified in Table 1 in respect of—U.K.

(1) the company (“company” has the same meaning as section 1121 of the Corporation Tax Act 2010);

(2) the company officer responsible for ensuring the accuracy of the information provided under this Schedule;

(3) any agent or tax adviser engaged by the company, or which has provided services to the company, in any capacity in relation to the claim;

(4) the claim; and

(5) information relating to individual productions.

Commencement Information

I1Sch. para. 1 in force at 1.4.2024, see reg. 1

2.  Claims under Parts 14A, 15C, 15D or 15E of the Corporation Tax Act 2009 relating to connected party transactions must also include the information specified in Table 2.U.K.

Table 1 – Required information relating to all creative claims under Parts 14A to 15E of the Corporation Tax Act 2009.

TopicSpecified information
The company
(a)

accounting period start and end date,

(b)

registered name,

(c)

unique taxpayer reference number,

(d)

VAT registration number (if registered for VAT),

(e)

employer’s PAYE reference, within the meaning of regulation 2(1) of the Income Tax (Pay as you Earn) Regulations 2003 where applicable(1)

(f)

foreign Entertainers Unit reference number where applicable, and

(g)

details of responsible officer:

(i)

full name,

(ii)

telephone number,

(iii)

e-mail address, and

(iv)

role in company

Agent(s) or tax adviser(s)
(a)

name (or, if the agent or adviser is a registered company, its registered name),

(b)

office address,

(c)

additional information required when the form is completed by the agent;

(i)

full name,

(ii)

telephone number,

(iii)

e-mail address; and

(iv)

third party authorisation form or other letter of authority in cases in which this has not already been provided to HM Revenue and Customs.

Details of claim(s)
(a)

type or types of relief claimed, and

(b)

number of productions claimed per relief type.

Complete for every individual production
(a)

name of production,

(b)

start date of pre-production,

(c)

date of abandonment if applicable,

(d)

full relief and/or credit computation expenditure breakdown.

(e)

for Theatrical productions:

(i)

date of first paid public performance,

(ii)

whether a touring rate is being claimed,

(iii)

touring information, to include the number, date(s) and location(s) of performance(s).

(f)

for Orchestral productions:

(i)

date of opening night,

(ii)

whether a concert series election has been made and if so, the date of the election.

(g)

for Museums and Galleries Exhibitions:

(i)

date of opening day,

(ii)

confirmation of whether the claimant is the primary or secondary production company, and

(iii)

whether a touring rate is being claimed.

(h)

for expenditure credits, Film Tax Relief, High-End Television Tax Relief, Children’s Television Tax Relief and Video Games Tax Relief.

(i)

British Film Institute certificate reference number,

(ii)

British Film Institute certificate(s), and

(iii)

reason why the production name does not match the name on the certificate, where applicable.

Per relief type – cultural(2) and existing Audio-visual reliefs(3)
(a)

core expenditure for the period(4),

(b)

UK or EEA core expenditure for the period,

(c)

total expenditure for the period(5),

(d)

qualifying expenditure for the period(6)

(e)

amount of loss surrendered for the period(7),

(f)

amount of tax credit claimed(8).

Per relief type – for each strand of Audio-visual Expenditure Credit separately and Video Games Expenditure Credit
(a)

core expenditure for the period(9),

(b)

UK core expenditure for the period,

(c)

total expenditure for the period(10); and

(d)

qualifying expenditure for the period(11).

At company level for claims including the Audio-visual Expenditure Credit and/or Video Games Expenditure Credit
(a)

total combined Audio-Visual Expenditure Credit and Video Games Expenditure Credit credits for the period(12);

(b)

amount of Step 2 brought forward credit in the previous period under section 1179CD(3) Corporation Tax Act 2009 and surrendered Audio-Visual Expenditure Credit and/or Video Games Expenditure Credit received from a company in the same group under Step 4 of section 1179CC, section 1179CD(2) or (5) of the Corporation Tax Act 2009 and used to discharge Corporation Tax liabilities,

(c)

Steps to be followed;

(i)

Step 1: Amount of credit used to discharge Corporation Tax liabilities,

(ii)

Step 2: Amount withheld (if any),

(iii)

Step 3: Amount used to discharge corporation tax liability of another accounting period,

(iv)

Step 4: Credit surrendered to group member,

(v)

Step 5: Amount used to discharge any other company liabilities,

(vi)

Step 6: Credit payable.

(d)

Amount withheld at Step 2 and surrendered to other group companies,

(e)

Expenditure credit redemption calculation.

Table 2 Required information relating to connected party transactions.

TopicSpecified information
Details to be provided for each Production
(a)

Declaration of connected party transaction(s),

(b)

Number of connected parties for the period, and

(c)

Total value of transactions for the period

Details to be provided for each transaction
(a)

Date of transaction,

(b)

Name of connected party,

(c)

Amount of transaction, and

(d)

Description of goods/services provided.

Commencement Information

I2Sch. para. 2 in force at 1.4.2024, see reg. 1

(1)

S.I. 2003/2682, to which there are amendments not relevant to these Regulations.

(2)

Parts 15C-15E.

(3)

Parts 15-15B.

(4)

The amount of expenditure incurred in the accounting period which meets the definition of core expenditure in sections 1184, 1216AG, 1217AD, 1217GC, 1217RC or 1218ZCD of the Corporation Tax Act 2009.

(5)

The amount of expenditure incurred in the accounting period which meets the definition of costs in section 1191, 1216BC, 1217BC, 1217IC, 1217QD, 1218ZBC of the Corporation Tax Act 2009. Companies should provide the total amount for all productions which fall under the same type of relief.

(6)

The amount of additional deduction given by sections 1200, 1216CG, 1217CG, 1217J, 1217RE or 1218ZCF of the Corporation Tax Act 2009.

(7)

The amount of loss surrendered in exchange for a payable tax credit in accordance with section 1202, 1216CI, 1217CI, 1217K, 1217RG or 1218ZCH of the Corporation Tax Act 2009.

(8)

The amount of payable tax payable tax credit to which the company is entitled in accordance with sections 1202, 1216CI, 1217CI, 1217K, 1217RG or 1218ZCH of the Corporation Tax Act 2009.

(9)

The amount of expenditure incurred in the accounting period which meets the definition of core expenditure in section 1179DS or section 1179FK and does not meet the definition of excluded expenditure in sections 1179DU, 1179DT, 1179FL or 1179FM of the Corporation Tax Act 2009.

(10)

The amount of expenditure incurred in the accounting period which meets the definition of costs in section 1179DX or Section 1179FP of the Corporation Tax Act 2009.

(11)

The amount given by Step 4 of section 1179CA of the Corporation Tax Act 2009

(12)

The combined total of amounts given by Step 5 of section 1179CA of the Corporation Tax Act 2009 for all productions of the company.

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