Part 3Income tax, corporation tax and capital gains tax
C1Chapter 3Films and sound recordings
Films: withdrawal of existing reliefs
46Films: withdrawal of existing reliefs (corporation tax)
1
Sections 40A to 40D of F(No.2)A 1992 (treatment of expenditure on production or acquisition of film) do not apply—
a
to production expenditure on a film that commences principal photography on or after 1st April 2006;
b
to acquisition expenditure—
i
on a film that commences principal photography on or after 1st April 2006, or
ii
that is incurred on or after 1st October 2007 on a film (whenever made).
2
Section 41 of that Act (preliminary expenditure) does not apply to expenditure incurred after the date on which this Act is passed.
3
Section 42 of that Act and section 48 of F(No.2)A 1997 (special reliefs for British films) do not apply—
a
to production expenditure on a film that commences principal photography on or after 1st April 2006;
b
to acquisition expenditure—
i
on a film that commences principal photography on or after 1st April 2006, or
ii
that is incurred on or after 1st October 2007.
4
References in this section to expenditure on the acquisition of a film, or to sums received from the disposal of a film, are to expenditure on the acquisition of, or sums received from the disposal of, the original master version of the film.
5
For this purpose—
a
“original master version” means the original negative, tape or disc;
b
references to the original master version of a film include the original master version of the film soundtrack (if any);
c
references to the original master version include any rights in the original master version that are held or acquired with it.
47Films: withdrawal of existing reliefs (income tax)
1
Sections 134 and 135 of ITTOIA 2005 (treatment of expenditure on production or acquisition of film) do not apply—
a
to production expenditure on a film that commences principal photography on or after 1st April 2006;
b
to acquisition expenditure—
i
on a film that commences principal photography on or after 1st April 2006, or
ii
that is incurred on or after 1st October 2007 on a film (whenever made).
2
Section 137 of that Act (preliminary expenditure) does not apply to expenditure incurred after the date on which this Act is passed.
3
Sections 138 to 144 of that Act (special reliefs for British films) do not apply—
a
to production expenditure on a film that commences principal photography on or after 1st April 2006;
b
to acquisition expenditure—
i
on a film that commences principal photography on or after 1st April 2006, or
ii
that is incurred on or after 1st October 2007.
4
References in this section to expenditure on the acquisition of a film, or to sums received from the disposal of a film, are to expenditure on the acquisition of, or sums received from the disposal of, the original master version of the film.
5
For this purpose—
a
“original master version” means the original negative, tape or disc;
b
references to the original master version of a film include the original master version of the film soundtrack (if any);
c
references to the original master version include any rights in the original master version that are held or acquired with it.
Pt. 3 Ch. 3 applied (with modifications) (29.3.2007) by The Corporation Tax (Taxation of Films) (Transitional Provisions) Regulations 2007 (S.I. 2007/1050), reg. 3-12 (with effect reg. 1(2)) (as amended by Corporation Tax Act 2009 (c. 4), Sch. 2 para. 131)