Section 1182 — Corporation Tax Act 2009: “Film production company”

“Film production company” 1182 1 For the purposes of this Part “ film production company ” is to be read in accordance with this section.

2 There cannot be more than one film production company in relation to a film.

3 A company that (otherwise than in partnership)—

a is responsible—

i for pre-production, principal photography and post-production of the film, and ii for delivery of the completed film, b is actively engaged in production planning and decision-making during pre-production, principal photography and post-production, and c directly negotiates, contracts and pays for rights, goods and services in relation to the film, is the film production company in relation to the film.

4 In relation to a qualifying co-production, a company that (otherwise than in partnership)—

a is a co-producer, and b makes an effective creative, technical and artistic contribution to the film, is the film production company in relation to the film.

5 If there is more than one company meeting the description in subsection (3) or (4), the company that is most directly engaged in the activities referred to in that subsection is the film production company in relation to the film.

6 If there is no company meeting the description in subsection (3) or (4), there is no film production company in relation to the film.

7 A company may elect to be regarded as a company which does not meet the description in subsection (3) or (4).

8 The election—

a must be made by the company by being included in its company tax return for an accounting period (and may be included in the return originally made or by amendment),

and b may be withdrawn by the company only by amending its company tax return for that accounting period.

9 The election has effect in relation to films which commence principal photography in that or any subsequent accounting period.