Section 1179DP Meaning of “production company”F1

United Kingdom

(1)

A company is the production company for a film or television programme that is not a qualifying co-production if—

(a)

it is responsible for—

(i)

pre-production, principal photography and post-production of the film or programme, and

(ii)

delivery of the film or programme in completed form,

(b)

it is actively engaged in production planning and decision-making during pre-production, principal photography and post-production,

(c)

it directly negotiates, contracts and pays for rights, goods and services in relation to the film or programme, and

(d)

it is more directly engaged in the matters described in paragraphs (a) to (c), taken as a whole, than any other company that satisfies those paragraphs.

(2)

A company is the production company for a film or television programme that is a qualifying co-production if—

(a)

the company is a co-producer of the co-production,

(b)

the company makes an effective creative, technical and artistic contribution to the film or programme, and

(c)

its creative, technical, and artistic contribution is greater than that of any other company that—

(i)

is also a co-producer of the co-production, and

(ii)

is chargeable to corporation tax on income it receives from the film or programme (or would be if it received any).

(3)

Activities carried on in partnership are to be ignored in determining whether a company is the production company for a film or television programme.

Annotations

Textual amendments

F1: Pt. 14A inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 2 para. 1 (with Sch. 2 paras. 16(1), 17-25)