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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Corporation Tax (Taxation of Films) (Transitional Provisions) Regulations 2007 No. 1050 URL: http://www.bailii.org/uk/legis/num_reg/2007/20071050.html |
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Made | 28th March 2007 | ||
Coming into force in accordance with regulation 1 |
(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—
(4) In paragraph 17, in the substituted paragraph 1 of Schedule 1 to the Films Act 1985 after "Schedule" insert "and Schedule 1A" in each place.
(5) In paragraph 19, in the substituted paragraph 3 of Schedule 1 to the Films Act 1985, in subparagraph (4) after "otherwise" insert "and except in relation to sections 46 and 47 (films: withdrawal of existing reliefs) of, and paragraph 1 of Schedule 4 (taxation of activities of film production company) to, the Finance Act 2006".
(6) After paragraph 20 insert—
(b) up to 4 points depending on the number of the characters depicted in the film that are British as follows—
(c) 4 points if the film depicts a British story;
(d) up to 4 points depending on the percentage of the original dialogue that is recorded in the English language or in a recognised regional or minority language as follows—
(4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of British culture.
(5) Up to 3 points shall be awarded in respect of work carried out in the making of the film as follows—
(b) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—
(6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—
(7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—
4B.
—(1) The cultural test for a documentary is as follows.
(2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least 16 points in total.
(3) Up to 16 points shall be awarded in respect of the content of the film as follows—
(b) up to 4 points depending on the number of the characters depicted in the film that are British as follows—
(c) 4 points if the film depicts a British story;
(d) up to 4 points depending on the percentage of the original dialogue that is recorded in the English language or in a recognised regional or minority language as follows—
(4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of British culture.
(5) Up to 3 points shall be awarded in respect of work carried out in the making of the film as follows—
(b) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—
(6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—
(7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—
4C.
—(1) The cultural test for an animation is as follows.
(2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least 16 points in total.
(3) Up to 16 points shall be awarded in respect of the content of the film as follows—
(b) up to 4 points depending on the number of the characters depicted in the film that are British as follows—
(c) 4 points if the film depicts a British story;
(d) up to 4 points depending on the percentage of the original dialogue that is recorded in the English language or in a recognised regional or minority language as follows—
(4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of British culture.
(5) Up to 3 points shall be awarded in respect of work carried out in the making of the film as follows—
(b) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—
(6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—
(7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—
20B.
In paragraph 4D[11] of that Schedule—
(c) in sub-paragraph (5) for "paragraph 4A(4), 4B(4) or 4C(4) (points awarded in respect of the making of the film)" substitute "paragraph 4A(5), 4B(5) or 4C(5) (where work carried out)".".
(7) After paragraph 25 insert—
(2) Any reference in this Schedule to a master negative, tape or disc certified under paragraph 3(1) or to a certificate issued under that provision includes a reference to a master negative, tape or disc certified in pursuance of section 72(7)(b) of the Finance Act 1982[12] as originally enacted or to a certificate issued in pursuance of that provision.
Applications for certification of master negatives, tapes and discs
2.
—(1) An application for the certification by the Secretary of State of a master negative, master tape or master disc of a film as a qualifying film, qualifying tape or qualifying disc for the purposes of section 40D of the Finance (No 2) Act 1992, or Chapter 9 of Part 2 of the Income Tax (Trading and Other Income) Act 2005, may be made by any person who has incurred expenditure on the production or acquisition of that negative, tape, or disc.
(2) In sub-paragraph (1) the reference to the acquisition of a master negative, tape or disc includes a reference to the acquisition of any description of rights in it.
(3) On an application under this paragraph for the certification of a master negative, tape or disc the applicant shall—
as the Secretary of State may require for the purpose of determining the application.
(4) Any information furnished for the purposes of sub-paragraph (3) shall, if the Secretary of State so directs, be accompanied by a statutory declaration as to the truth of the information made by the person furnishing it.
Certification by Secretary of State of master negatives, tapes and discs
3.
—(1) If the Secretary of State is satisfied that a master negative, tape or disc with respect to which an application is made under paragraph 2 is a master negative, tape or disc of a film which, in his opinion, is a British film for the purposes of this Schedule, he shall certify that negative, tape or disc as a qualifying film, qualifying tape or qualifying disc for the purposes of section 40D of the Finance (No 2) Act 1992 or, as the case may be, Chapter 9 of Part 2 of the Income Tax (Trading and Other Income) Act 2005.
(2) If the Secretary of State is for any reason not satisfied as mentioned in sub-paragraph (1) he shall refuse the application.
(3) If it appears to the Secretary of State that any negative, tape or disc certified by him under sub-paragraph (1) ought for any reason not to have been so certified he shall revoke its certification.
(4) Where an application is made under paragraph 2 in relation to a negative, tape or disc of a film which has already been certified by the Secretary of State under sub-paragraph (1) on a prior application, the Secretary of State may issue the applicant with a duplicate or copy of the certificate issued on that prior application.
British films for purposes of the Schedule
4.
—(1) A film is a British film for the purposes of this Schedule if it passes the relevant cultural test (see paragraph 4A, 4B or 4C).
(2) For the purposes of this paragraph and paragraphs 4A to 4D a state shall be treated as if it were a member State if—
(3) This paragraph has effect subject to paragraph 5 (excluded films).
4A.
—(1) The cultural test for a film other than a documentary (see paragraph 4B) or an animation (see paragraph 4C) is as follows.
(2) A film passes the cultural test if it is awarded at least 16 points in total.
(3) Up to 4 points shall be awarded in respect of the content of the film as follows—
(4) Up to 15 points shall be awarded in respect of work carried out in the making of the film as follows—
(b) up to 4 points depending on the percentage of the work on visual effects that is carried out in the United Kingdom as follows—
(c) 1 point if at least 75% of the work on special effects is carried out in the United Kingdom;
(d) up to 2 points depending on the percentage of the work on performing and recording the original music score created for the film that is carried out in the United Kingdom as follows—
(e) 1 point if at least 75% of the work on audio post production is carried out in the United Kingdom;
(f) 1 point if at least 75% of the work on image processing is carried out in the United Kingdom.
(5) Up to 13 points shall be awarded in respect of the personnel involved in the making of the film as follows—
(c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;
(d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;
(e) up to 2 points depending on the number of the actors who are qualifying persons as follows—
(f) 1 point if at least 50% of the cast are qualifying persons;
(g) up to 3 points depending on the number of the heads of department who are qualifying persons as follows—
(h) 1 point if at least 50% of the production crew are qualifying persons.
4B.
—(1) The cultural test for a documentary is as follows.
(2) A film passes the cultural test if it is awarded at least 16 points in total.
(3) Up to 4 points shall be awarded in respect of the content of the film as follows—
(4) Up to 15 points shall be awarded in respect of work carried out in the making of the film as follows—
(b) up to 4 points depending on the percentage of the work on research and development that is carried out in the United Kingdom as follows—
(c) 1 point if at least 75% of the work on special effects is carried out in the United Kingdom;
(d) up to 2 points depending on the percentage of the work on performing and recording the original music score created for the film that is carried out in the United Kingdom as follows—
(e) 1 point if at least 75% of the work on audio post production is carried out in the United Kingdom;
(f) 1 point if at least 75% of the work on image processing is carried out in the United Kingdom.
(5) Up to 13 points shall be awarded in respect of the personnel involved in the making of the film as follows—
(c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;
(d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;
(e) up to 2 points depending on the number of the participants who are qualifying persons as follows—
(f) 1 point if at least 50% of all of the participants are qualifying persons;
(g) up to 3 points depending on the number of the heads of department who are qualifying persons as follows—
(h) 1 point if at least 50% of the production crew are qualifying persons.
4C.
—(1) The cultural test for an animation is as follows.
(2) A film passes the cultural test if it is awarded at least 16 points in total.
(3) Up to 4 points shall be awarded in respect of the content of the film as follows—
(4) Up to 15 points shall be awarded in respect of work carried out in the making of the film as follows—
(b) up to 4 points depending on the percentage of the work on visual effects that is carried out in the United Kingdom as follows—
(c) 1 point if at least 75% of the work on special effects is carried out in the United Kingdom;
(d) up to 2 points depending on the percentage of the work on performing and recording the original music score created for the film that is carried out in the United Kingdom as follows—
(e) 1 point if at least 75% of the work on voice recording and audio post production is carried out in the United Kingdom;
(f) 1 point if at least 75% of the work on image processing is carried out in the United Kingdom.
(5) Up to 13 points shall be awarded in respect of the personnel involved in the making of the film as follows—
(c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;
(d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;
(e) up to 2 points depending on the number of the actors who are qualifying persons as follows—
(f) 1 point if at least 50% of the cast are qualifying persons;
(g) up to 3 points depending on the number of the heads of department who are qualifying persons as follows—
(h) 1 point if at least 50% of the production crew are qualifying persons.
4D.
—(1) In paragraphs 4A to 4C—
(2) "Heads of department" means—
(3) For the purposes of paragraphs 4A to 4C—
(4) The amount of work that is carried out in the United Kingdom or elsewhere shall be determined—
(5) No points shall be awarded under any provision of paragraph 4A(4), 4B(4) or 4C(4) (points awarded in respect of the making of the film) in respect of work the expenditure on which is, in the opinion of the Secretary of State, insignificant in relation to the expenditure on all the work carried out in the making of the film.
(2) The Secretary of State may direct that sub-paragraph (1) shall not apply in relation to a film if in his opinion—
6.
—(1) Any person who is aggrieved by any decision of the Secretary of State to refuse an application under paragraph 2 or to revoke any certification under paragraph 3(1) may, subject to rules of court, apply to the High Court, and the decision of that Court shall be final.
(2) In relation to any person whose principal place of business is in Scotland, sub-paragraph (1) shall have effect as if for any reference to the High Court there were substituted a reference to the Court of Session.
(3) In section 43 (interpretation of sections 41 and 42)[17], in subsection (1), in the definitions of "qualifying disc", "qualifying film" and "qualifying tape"—
Modification of ITTOIA 2005
12.
In section 132 (meaning of "original master version" and "certified master version") of ITTOIA 2005[18], in subsection (3)[19]—
Returns, amendments to returns and assessments
13.
—(1) Where the provisions of Chapter 3 of Part 3, of the enactments amended by that Chapter and the Corporation Tax Acts apply in accordance with these Regulations, returns must be made or amended, and assessments may be made in relation to past accounting periods or tax years (whether before or after the commencement of that Chapter) in accordance with those provisions as modified by these Regulations.
(2) Any return, amendment or assessment necessary to give effect to paragraph (1) may be made notwithstanding any limitation on the time within which a return, amendment or assessment may normally be made.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty's Treasury
28th March 2007
[2] Section 46 was amended by S.I. 2006/3265.back
[3] 1985 c. 21; Schedule 1 was amended by section 578 of, and paragraph 9(1) and (2) of Schedule 2 to, the Capital Allowances Act 2001 (c. 2), sections 882 and 883 of, and paragraphs 397 and 399 of Part 2 of Schedule 1 to, the Income Tax (Trading and Other Income) Act 2005 (c. 5), S.I. 1999/2386, S.I. 2000/756, S.I. 2006/643, S.I. 2006/3430.back
[4] Section 47 was amended by S.I. 2006/3265.back
[6] Substituted paragraph 80A(2) was amended by S.I. 2006/3265.back
[7] Paragraph 1 was amended by S.I. 2006/3265.back
[8] 1992 c. 48; section 40D was inserted by section 578 of, and paragraph 82 of Schedule 2 to, the Capital Allowances Act 2001 (c. 2).back
[10] Paragraphs 4A to 4C of Schedule 1 to the Films Act 1985 were inserted by S.I. 2006/643 and substituted by S.I. 2006/3430.back
[11] Paragraph 4D of Schedule 1 to the Films Act 1985 was inserted by S.I. 2006/643 and amended by S.I. 2006/3430.back
[12] 1982 c. 39. Section 72 was repealed in part by sections 6(2) and 7(1) of, and Schedule 2 to, the Films Act 1985, the remainder was repealed by section 164(4) of, and Schedule 2 to, the Capital Allowances Act 1990 (c. 1).back
[13] S.I. 1985/994, amended by S.I. 1999/2224, S.I. 1999/2334 and S.I. 2006/642.back
[16] Section 40D and section 43 are repealed by section 178 to, and Part 3(4) of Schedule 26 to the Finance Act 2006 but have effect in relation to films to which these Regulations apply by virtue of the modifications to section 46 of that Act by regulation 6.back
[17] The definition of "qualifying film" was amended by sections 578 and 580 to, and paragraph 85 of Schedule 2 to, the Capital Allowances Act 2001 and sections 59 and 104 of, and paragraphs 24 and 31(3) of Schedule 3 and Part 2(3) of Schedule 11 to, the Finance Act 2005 (c. 7).back
[19] Section 132(3) is repealed by section 178 to, and Part 3(4) of Schedule 26 to the Finance Act 2006 but have effect in relation to films to which these Regulations apply by virtue of the modifications to section 47 of that Act by regulation 7.back