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STATUTORY INSTRUMENTS


2007 No. 1050

CORPORATION TAX

The Corporation Tax (Taxation of Films) (Transitional Provisions) Regulations 2007

  Made 28th March 2007 
  Coming into force in accordance with regulation 1

The Treasury in exercise of the powers conferred upon them by section 52 of the Finance Act 2006[1] make the following Regulations.

     A draft of this instrument was laid before and approved by a resolution of the House of Commons in accordance with section 52(4) of the Finance Act 2006.

Preliminary

Citation, commencement and effect
     1. —(1) These Regulations may be cited as the Corporation Tax (Taxation of Films) (Transitional Provisions) Regulations 2007 and shall come into force on the day after the day on which they are made.

    (2) The provisions of Chapter 3 of Part 3 of the Finance Act 2006 (films and sound recordings) applied by these Regulations shall have effect as if they had been in force at all material times.

Interpretation
    
2. In these Regulations a reference to a "Chapter", "Part", "section" or "Schedule" without more is a reference to a Chapter, Part, section or Schedule of the Finance Act 2006, unless the context otherwise requires.

Application of enactments
    
3. The provisions of Chapter 3 of Part 3, the enactments amended by that Chapter and the Corporation Tax Acts apply with the modifications provided in regulations 4 to 12 in relation to films that commenced principal photography before 1st January 2007 but are not completed before that date.

Modifications to the Finance Act 2006

Modification of section 32 (meaning of "film production company")
    
4. In section 32 (meaning of "film production company"), in subsection (3), in relation to a film that commenced principal photography before 1st April 2006, omit "pre-production," in both places.

Modification of section 40 (conditions of relief: British film)
    
5. In section 40 (conditions of relief: British film) at the end insert "for the purposes of film tax relief".

Modification of section 46 (films: withdrawal of existing reliefs (corporation tax))
    
6. —(1) Modify section 46 (films: withdrawal of existing reliefs (corporation tax))[2] as follows.

    (2) In the provisions listed below for the words "commences principal photography on or after 1st January 2007" substitute "is certified by the Secretary of State under Schedule 1 to the Films Act 1985[3] as a British film for the purposes of film tax relief and is intended for theatrical release at the time the film commences principal photography".

    (3) In subsections (1)(b)(ii) and (3)(b)(ii) for "1st October 2007" substitute "31st March 2008".

Modification of section 47 (films: withdrawal of existing reliefs (income tax))
     7. —(1) Modify section 47 (films: withdrawal of existing reliefs (income tax))[4]as follows.

    (2) In the provisions listed below for the words "commences principal photography on or after 1st January 2007" substitute "is certified by the Secretary of State under Schedule 1 to the Films Act 1985 as a British film for the purposes of film tax relief and is intended for theatrical release at the time the film commences principal photography".

    (3) In subsections (1)(b)(ii) and (3)(b)(ii) for "1st October 2007" substitute "31st March 2008".

Modification of section 51 (supplementary provisions)
     8. —(1) In the substitution made by section 51(1) (supplementary provisions) for paragraph 80 (exclusion of films and sound recordings) of Schedule 29 to the Finance Act 2002 (corporation tax: gains and losses from intangible fixed assets)[5] modify substituted paragraph 80A(2)[6] as follows.

    (2) In paragraphs (a) and (b) for the words "that commenced principal photography before 1st January 2007" substitute "to which Schedule 4 of the Finance Act 2006 does not apply".

    (3) In paragraph (b) for "1st October 2007" substitute "31st March 2008".

Modification of Schedule 4 (taxation of activities of film production company)
     9. In Schedule 4 (taxation of activities of film production company), in paragraph 1 (films to which this Schedule applies)[7] for the words "commence principal photography on or after 1st January 2007" substitute "are certified by the Secretary of State under Schedule 1 to the Films Act 1985 as British films for the purposes of film tax relief and are intended for theatrical release at the time principal photography commences".

Modifications of Schedule 5 (film tax relief: further provisions)
     10. —(1) Modify Schedule 5 (film tax relief: further provisions) as follows.

    (2) In paragraph 1(1) omit the words from ", and" to the end.

    (3) After paragraph 15 insert—


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20071050.html