Section 1217JA — Corporation Tax Act 2009: “Qualifying expenditure”

“Qualifying expenditure” 1217JA 1 In this Part “ qualifying expenditure ”, in relation to a theatrical production, means core expenditure (see section 1217GC) on the theatrical production that—

a falls to be taken into account under sections 1217IA to 1217IF in calculating the profit or loss of the separate theatrical trade for tax purposes, and b is not excluded by subsection (2) or (3) .

2 The following expenditure is excluded—

a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b expenditure in respect of which the company would be able to claim relief under Part 13 ( ... relief for expenditure on research and development).

3 Expenditure is excluded to the extent that it represents connected party profit, unless subsection (5) applies.

4 For the purposes of subsection (3) , expenditure represents connected party profit—

a if it is a payment to a person (“ C ”) in exchange for something supplied by that person, b if the company is connected with C, and c if, and to the extent that, the amount of the payment exceeds the expenditure incurred by C in supplying that thing.

5 This subsection applies if the amount of the payment is no more than would have been the case had the transaction been entered into at arm’s length.

6 A transaction would have been entered into “at arm’s length” if it made “the arm’s length provision” within the meaning of Part 4 of TIOPA 2010 (and for this purpose any limitation on the application of that Part is to be disregarded).

7 Subsections (8) and (9) apply if—

a the supply by C to the production company is one of a sequence of transactions in which the thing supplied has been supplied by one person to another, and b either—

i each transacting party in the sequence is connected to at least one other transacting party in the sequence, or ii each transaction in the sequence is entered into in furtherance of a single scheme or arrangement (of whatever kind, and whether or not legally enforceable).

8 The reference to C in subsection (4) (c) is to be read as a reference to the supplier in the first transaction in the sequence.

9 The reference to the transaction in subsection (5) is to be read as including each transaction in the sequence.

10 In this section, “ payment ” includes any transfer of value.