The following Corporation Tax guidance note Produced by Tolley in association with Richard Palmer provides comprehensive and up to date tax information covering:
Film production companies which produce qualifying films are eligible for an additional deduction for corporation tax purposes which can be surrendered for a tax credit payable to the company. See the Film Production Company Tax Credits guidance note for further details.
One of the conditions that the film must meet is that it is certified as a British film. This guidance note summarises the process for the film production company obtaining the certificate for the film.
Films Act 1985, Sch 1 (as amended) sets out the application procedure and provides that certification of films is by the Secretary of State of the Department of Digital, Culture, Media and Sport (DCMS). However the process of assessing of films and certification is dealt with by the Certification Unit of the British Film Institute (BFI) on behalf of the DCMS.
Whilst obtaining a certificate is a requisite part of obtaining the additional tax deduction and tax credit, it is also necessary if finance for the film is to be obtained from the BFI film fund.
Following amendments in Finance Act 2014, for films commencing principal photography on or after 1 April 2014, the Cultural Test was expanded to allow for some European films with a European cultural content to qualify for the British Cultural Test. Additional points are awarded for visual effects and special effects (VFX) work carried out in the UK.
Under Films Act 1985, Sch 1, para 4 a film can qualify as British in three ways:
by meeting the Cultural Test as a British film (discussed below)
being a film produced under one of the UK's official bilateral co-production agreements
being a film produced under The European Convention on Cinematographic Co-production
The Cultural Test is set out in Films Act 1985, Sch 1, para 4A and is a points based test. The test has a possible 35 points of which the film must achieve at least 18 to pass (and also not fail
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