Section 1195 — Corporation Tax Act 2009: Availability and overview of film tax relief

Availability and overview of film tax relief 1195 1 This Chapter applies for corporation tax purposes to a company that is the film production company in relation to a film.

2 Relief under this Chapter (“film tax relief”) is available to the company if the conditions specified in the following sections are met in relation to the film—

a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aa section 1196A (intended release or broadcast),

b section 1197 (British film),

and c section 1198 (UK expenditure).

3 Film tax relief is given by way of—

a additional deductions (see sections 1199 and 1200),

and b film tax credits (see sections 1201 to 1203). 3A But film tax relief is not available in respect of any expenditure if—

a the company is entitled to an R&D expenditure credit under Chapter 1A of Part 13 in respect of the expenditure, ... b the company has obtained relief under Chapter 2 of Part 13 (relief for loss-making, R&D-intensive SMEs) in respect of the expenditure , or c relief is available to the company under Chapter 3 of Part 15A (television tax relief) in respect of the expenditure.

4 Sections 1204 to 1207 contain provision about unpaid costs, artificially inflated claims and confidentiality of information.

5 In this Chapter “ the separate film trade ” means the company's separate trade in relation to the film (see section 1188).

6 See Schedule 18 to FA 1998 (in particular, Part 9D) for information about the procedure for making claims for film tax relief.