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The Relief for Creative Industries (Additional Information Requirements and Miscellaneous Amendments) Regulations 2024

S.I. 2024/320 · Made 5 March 2024 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

Corporation Tax

Made 5th March 2024

Laid before the House of Commons 8th March 2024

Coming into force 1st April 2024

The Commissioners for His Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by paragraph 83WA of Schedule 18 to the Finance Act 1998f1, section 132 of the Finance Act 1999f2, section 135 and 136 of the Finance Act 2002f3 and now exercisable by themf4.

Annotations to the whole text

Footnotes

f1

1998 c. 36; Schedule 18, paragraph 83WA was inserted by paragraph 3 of Schedule 6 to the Finance Act 2024, section 7.

f2

1999 c. 16; section 132 (1) was amended by section 411 (2) of, and paragraph 156 of Schedule 17 to, the Communications Act 2003 (c. 21), S.I. 2003/1900 and 2003/3142.

f3

2002 c. 23; section 135 of the Finance Act 2002 was amended by section 53 (1) of, and paragraph 95 (1) of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11), section 93 of the Finance Act 2007 (c. 11) and article 2 (2) (h) of S.I. 2005/1126.

f4

By virtue of section 5 (2) of the Commissioners for Revenue and Customs Act 2005 functions previously exercisable by the Commissioners of Inland Revenue are now exercisable by the Commissioners for His Majesty’s Revenue and Customs.

Contents

  1. 1Citation and Commencement
  2. 1ARegulation 1A
  3. 2Additional information to be provided in relation to creative industry claims
  4. 3Amendment of the Income and Corporation Taxes (Electronic Communications) Regulations 2003
  5. Signature
  6. Schedule Additional information to be provided in relation to creative claims
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. Explanatory note

1Citation and CommencementI1

These Regulations may be cited as the Relief for Creative Industries (Additional Information Requirements and Miscellaneous Amendments) Regulations 2024 and come into force on 1st April 2024.

1AF1

Expressions used in these Regulations, unless otherwise provided, have the same meaning as in Parts 14A to 15E of the Corporation Tax Act 2009.

2Additional information to be provided in relation to creative industry claimsI1

(1)

A claim under Parts 14A-15E of the Corporation Tax Act 2009f1 is invalid unless the information specified in Table 1 of the Schedule (Required information relating to all creative sector relief claims) is provided to an officer of Revenue and Customs not later than the date on which the claim is made or amended by the company in accordance with paragraph 83W of Schedule 18 of the Finance Act 1998;

(2)

Where a claim under Parts 14A, 15C, 15D or 15E of the Corporation Tax Act 2009 includes “connected party expenditure”, paragraph (3) applies unless the information specified in Table 2 of the Schedule (Required information relating to connected party transactions) is provided to an officer of Revenue and Customs not later than the date specified in paragraph (1).

(3)

Where this paragraph applies, total qualifying expenditure is to be reduced by the amount of connected party expenditure arising from any transaction that is partly or wholly undisclosed.

(4)

In these regulations—

(a)

“connected party expenditure” means the amount of total qualifying expenditure which represents a payment made to a person who is connected with the company within the meaning of section 1316 of the Corporation Tax Act 2009; F1...

F2(aa)

“tax adviser” means a person appointed to give advice about the tax affairs of another person (whether appointed directly by that person or by another tax adviser of that person);

(b)

“total qualifying expenditure” has the same meaning as “relevant global expenditure” in Step 1 of F3section 1179CA, Part 14A of the Corporation Tax Act 2009 in relation to Audio-Visual Expenditure Credit and Video Games Expenditure Credit, section 1217JA, Part 15C of the Corporation Tax Act 2009 for Theatre Tax Relief, section 1217RF, Part 15D of the Corporation Tax Act 2009 for Orchestra Tax Relief and section 1218ZCG, Part 15E of the Corporation Tax Act 2009 for Museums and Galleries Exhibition Tax Relief F4; and

(c)

“visual effects vendor” means any person who provides relevant visual effects work to the company.

3Amendment of the Income and Corporation Taxes (Electronic Communications) Regulations 2003I1

(1)

The Income and Corporation Taxes (Electronic Communications) Regulations 2003f1 are amended as follows

(2)

In regulation 2 (scope of these Regulations)—

(a)

after paragraph (1) (a) (viii), omit “or”;

(b)

after paragraph (1) (a) (ix), substitute “and” for “or;” and

(c)

after paragraph (1) (a) (ix), insert—

“(x)

paragraph 83WA(1) of Schedule 18 to the Finance Act 1998; and”

(3)

In regulation 3 (use of electronic communication), in paragraph (2A)—

(a)

after “paragraph 83EA”, insert “, or paragraph 83WA”; and

(b)

after the third sentence insert –

  • “This paragraph also applies to an amendment made on or after 1 April 2024, where the company tax return includes a claim within Parts 14A to 15E of the Corporation Tax Act 2009”.

Signature

Jim Harra

Angela MacDonald

Two of the Commissioners for His Majesty’s Revenue and Customs

5th March 2024

Additional information to be provided in relation to creative claimsI1

Table 1 – Required information relating to all creative claims under Parts 14A to 15E of the Corporation Tax Act 2009.

TopicSpecified information
The company
  1. (a)

    accounting period start and end date,

  2. (b)

    registered name,

  3. (c)

    unique taxpayer reference number,

  4. (d)

    VAT registration number (if registered for VAT),

  5. (e)

    employer’s PAYE reference, within the meaning of regulation 2(1) of the Income Tax (Pay as you Earn) Regulations 2003 where applicablef1

  6. (f)

    foreign Entertainers Unit reference number where applicable, and

  7. (g)

    details of responsible officer:

    1. (i)

      full name,

    2. (ii)

      telephone number,

    3. (iii)

      e-mail address, and

    4. (iv)

      role in company

Agent(s) or tax adviser(s)
  1. (a)

    name (or, if the agent or adviser is a registered company, its registered name),

  2. (b)

    office address,

  3. (c)

    additional information required when the form is completed by the agent;

    1. (i)

      full name,

    2. (ii)

      telephone number,

    3. (iii)

      e-mail address; and

    4. (iv)

      third party authorisation form or other letter of authority in cases in which this has not already been provided to HM Revenue and Customs.

Details of claim(s)
  1. (a)

    type or types of relief claimed, and

  2. (aa)

    F1for claims under Parts 14A to 15E, of the Corporation Tax Act 2009, whether the company:

    1. (i)

      has made any previous claims for relief under Parts 14A to 15E of the Corporation Tax Act 2009, in respect of any earlier accounting periods, and

    2. (ii)

      intends to make a claim for relief under Part 13 of the Corporation Tax Act 2009, in respect of the accounting period to which this claim relates,

  3. (ab)

    for all claims under Parts 15C to 15E of the Corporation Tax Act 2009, the total number of productions included in the claim, and

  4. (ac)

    for claims under Parts 15C to 15E of the Corporation Tax Act 2009, which relate to 11 or more productions, in respect of productions that are not the highest value productions:

    1. (i)

      the total amount of theatre tax credit, orchestra tax credit, or museums and galleries exhibition tax credit claimed at each rate,

    2. (ii)

      for Theatrical productions, touring information, to include the number, date(s), and location(s) of performance(s),

    3. (iii)

      for Orchestral concerts and concert series, whether a concert series election has been made in respect of any of these productions, and

    4. (iv)

      for Museums and Galleries Exhibitions, touring information, to include the date(s) of the tour, number of tours and location(s) of venue(s).

  5. (b)

    F2...

Complete for every individual production
  1. (a)

    name of production,

  2. (b)

    start date of pre-production,

  3. (ba)

    F3confirmation whether a production is in progress, has been completed or has been abandoned,

  4. (c)

    date of abandonment if applicable,

  5. (d)

    full relief and/or credit computation F4and expenditure breakdown.

  6. (e)

    for Theatrical productions F5, with respect to each of the highest value productions:

    1. (i)

      F6date of first ... public performance,

    2. (ii)

      whether a touring rate is being claimed,

    3. (iii)

      touring information, to include the number, date(s) and location(s) of performance(s).

  7. (f)

    for Orchestral F7concerts and concert series , with respect to each of the highest value productions:

    1. (i)

      date of F8first public performance,

    2. (ii)

      whether a concert series election has been made and if so, the date of the election.

  8. (g)

    for Museums and Galleries Exhibitions , with respect to each of the highest value productions:

    1. (i)

      date of opening day,

    2. (ii)

      F9confirmation of whether the claimant is the primary or secondary production company, ...

    3. (iii)

      whether a touring rate is being claimed F10, and

    4. (iv)

      touring information, to include the number, date(s) and location(s) of venue(s),

  9. (h)

    for F11films, television programmes and video games:

    1. (i)

      British Film Institute certificate reference number,

    2. (ii)

      F12British Film Institute certificate(s), ...

    3. (iii)

      F13...

  10. (i)

    F14for productions subject to a claim under Part 14A of the Corporation Tax Act 2009:

    1. (i)

      relevant global expenditure for all accounting periods up to and including the accounting period to which the claim relates,

    2. (ii)

      relevant global expenditure for the accounting period to which the claim relates,

    3. (iii)

      where the relevant global expenditure in sub-paragraph (i) includes UK expenditure, the amount of that expenditure,

    4. (iv)

      whether an amount of expenditure credit has been claimed, or an additional deduction has been made, for any previous accounting periods, and if so, the amount of qualifying expenditure to date in the accounting period for which the company was last entitled, and claimed an expenditure credit, or made an additional deduction, and

    5. (v)

      total expenditure credit claimed for the accounting period to which the claim relates, including any additional credit for relevant visual effects expenditure.

  11. (j)

    for productions subject to a claim under Parts 15 to F1515B, or each of the highest value productions subject to a claim under Parts 15C to 15E of the Corporation Tax Act 2009:

    1. (i)

      core expenditure for all accounting periods up to and including the accounting period to which the claim relates,

    2. (ii)

      core expenditure for the accounting period to which the claim relates,

    3. (iii)

      where core expenditure in sub-paragraph (i) was incurred on goods or services that were used or consumed in the UK and the claim for relief relates to that expenditure, the amount of that expenditure,

    4. (iv)

      where core expenditure in sub-paragraph (i) was incurred on goods or services that were provided from within the United Kingdom and/or the European Economic Area and the claim for relief relates to that expenditure, the amount of that expenditure,

    5. (v)

      whether an additional deduction has been claimed in a previous accounting period or periods, and, if so, the value of the additional deduction(s) previously claimed,

    6. (vi)

      the amount of surrenderable loss surrendered for the accounting period to which the claim relates, and

    7. (vii)

      the amount of film tax credit, television tax credit, video game tax credit, theatre tax credit, orchestra tax credit, or museums and galleries exhibition tax credit claimed for the accounting period to which the claim relates.

  12. (k)

    for Certified low-budget films:

    1. (i)

      the amount of relevant production expenditure that is excluded from the claim by section 1179DR(2)(a) of the Corporation Tax Act 2009.

F16Claims for additional credit for visual effects under section 1179EC Corporation Tax Act 2009
  1. (a)

    total additional credit for relevant visual effects expenditure claimed,

  2. (b)

    calculation showing how the number in paragraph (a) was reached,

  3. (c)

    number of visual effects vendors engaged by the company to provide the relevant visual effects work,

  4. (d)

    name and company reference number of each visual effects vendor engaged by the company to provide the relevant visual effects work,

  5. (e)

    separate description of relevant visual effects expenditure incurred with respect to each visual effects vendor listed in paragraph (d),

  6. (f)

    value of relevant visual effects expenditure incurred with respect to each visual effects vendor listed in paragraph (d), and

  7. (g)

    number of individuals engaged by each visual effects vendor listed in paragraph (d) to provide relevant visual effects work.

F17. . .. . .
F18. . .. . .
F19. . .. . .

Table 2 Required information relating to connected party transactions.

TopicSpecified information
Details to be provided for each Production
  1. (a)

    Declaration of connected party transaction(s),

  2. (b)

    Number of connected parties for the period, and

  3. (c)

    Total value of transactions for the period

Details to be provided for each transaction
  1. (a)

    Date of transaction,

  2. (b)

    Name of connected party,

  3. (c)

    Amount of transaction, and

  4. (d)

    Description of goods/services provided.

1

A claim to which Part 9D of Schedule 18 to the Finance Act 1998 (claims for tax relief under Parts 14A to 15E of the Corporation Tax Act 2009) applies must include the information specified in Table 1 in respect of—

(1)

the company (“company” has the same meaning as section 1121 of the Corporation Tax Act 2010);

(2)

the company officer responsible for ensuring the accuracy of the information provided under this Schedule;

(3)

any agent or tax adviser engaged by the company, or which has provided services to the company, in any capacity in relation to the claim;

(4)

the claim; and

F1(5)

information relating to individual productions where—

(a)

for the purpose of a claim under Parts 14A to 15B of the Corporation Tax Act 2009, “production” has the same meaning as in section 1179AA of the Corporation Tax Act 2009, and

(b)

for the purpose of a claim under Parts 15C to 15E of the Corporation Tax Act 2009—

(i)

“production” means theatrical production, orchestral concert or exhibition, and

(ii)

“the highest value productions” means—

(aa)

where a claim relates to 11 or more productions, the 10 productions within the claim for which the largest amounts of additional deduction are claimed, or

(bb)

where a claim relates to 10 or fewer productions, each of the productions.

2F1

A claim under Part 14A, 15C, 15D or 15E of the Corporation Tax Act 2009 which includes “connected party expenditure” must, in addition to the information specified in Table 1 (required information relating to all creative claims under Parts 14A to 15E of the Corporation Tax Act 2009), also include the information specified in Table 2 (required information relating to connected party transactions).

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Income and Corporation Taxes (Electronic Communications) Regulations 2003 (S.I. 2003/282) (“the 2003 Regulations”) to require claims for the creative sector tax reliefs to be submitted electronically. These regulations also specify the additional information required to be provided by claimant companies in support of any claims for the creative sector tax reliefs.

Part 9D of Schedule 18 to the Finance Act 1998 deals with claims for the creative sector tax reliefs, which are set out in Parts 14A to 15E of the Corporation Tax Act 2009.

Paragraph 83WA of Schedule 18 to the Finance Act 1998 provides that regulations may specify the information to be provided by the claimant company, the form and the manner in which, and the time by which, that information is to be provided, and the consequences of failing to provide that information. Regulation 2 (1) specifies the information that is required to make a claim for the creative sector tax reliefs, the time by which that information should be provided and the consequences of a failure to provide that information. Regulations 2(2) to 2(4) concerns the additional information that is required to be disclosed where a claim relates to connected party transactions, the time by which that information should be provided and the consequences of a failure to provide that information.

Regulation 3 amends the 2003 Regulations so that the additional information to be provided under paragraph 83WA(1) of Schedule 18 to the Finance Act 1998 and amended returns that relate to a creative sector relief claim must be delivered electronically.