|
| |
| |
| |
1216CK | No account to be taken of amount if unpaid |
| |
(1) | In determining for the purposes of this Chapter the amount of costs |
| |
incurred on a relevant programme at the end of a period of account, |
| |
ignore any amount that has not been paid 4 months after the end of |
| 5 |
| |
(2) | This is without prejudice to the operation of section 1216BD (when |
| |
costs are taken to be incurred). |
| |
1216CL | Artificially inflated claims for additional deduction or tax credit |
| |
(1) | So far as a transaction is attributable to arrangements entered into |
| 10 |
wholly or mainly for a disqualifying purpose, it is to be ignored in |
| |
determining for any period— |
| |
(a) | any additional deduction which a company may make under |
| |
| |
(b) | any television tax credit to be given to a company. |
| 15 |
(2) | Arrangements are entered into wholly or mainly for a disqualifying |
| |
purpose if their main object, or one of their main objects, is to enable |
| |
| |
(a) | an additional deduction under this Chapter to which it |
| |
would not otherwise be entitled or of a greater amount than |
| 20 |
that to which it would otherwise be entitled, or |
| |
(b) | a television tax credit to which it would not otherwise be |
| |
entitled or of a greater amount than that to which it would |
| |
| |
(3) | “Arrangements” includes any scheme, agreement or understanding, |
| 25 |
whether or not legally enforceable. |
| |
1216CM | Confidentiality of information |
| |
(1) | Section 18(1) of the Commissioners for Revenue and Customs Act |
| |
2005 (restriction on disclosure by Revenue and Customs officials) |
| |
does not prevent disclosure to the Secretary of State for the purposes |
| 30 |
of the Secretary of State’s functions under any of the provisions listed |
| |
| |
(2) | The provisions referred to in subsection (1) are— |
| |
(a) | sections 1216CB to 1216CD (certification of relevant |
| |
| 35 |
(b) | sections 1217CB to 1217CD (certification of video games as |
| |
| |
(c) | Schedule 1 to the Films Act 1985 (certification of films as |
| |
| |
(3) | Information so disclosed may be disclosed to the British Film |
| 40 |
| |
(4) | The Treasury may by order amend subsection (3)— |
| |
(a) | so as to substitute for the person or body specified in that |
| |
subsection a different person or body, or |
| |
(b) | in consequence of a change in the name of the person or body |
| 45 |
| |
| |
| |
|
| |
| |
(5) | A person to whom information is disclosed under subsection (1) or |
| |
(3) may not otherwise disclose it except— |
| |
(a) | for the purposes of the Secretary of State’s functions under |
| |
any of the provisions listed in subsection (2), |
| |
(b) | if the disclosure is authorised by an enactment, |
| 5 |
(c) | in pursuance of an order of a court, |
| |
(d) | for the purposes of a criminal investigation or legal |
| |
proceedings (whether civil or criminal) connected with the |
| |
operation of any of Parts 15 to 15B of this Act or Schedule 1 to |
| |
| 10 |
(e) | with the consent of the Commissioners for Her Majesty’s |
| |
| |
(f) | with the consent of each person to whom the information |
| |
| |
1216CN | Wrongful disclosure |
| 15 |
(1) | A person (“X”) commits an offence if— |
| |
(a) | X discloses revenue and customs information relating to a |
| |
person (as defined in section 19(2) of the Commissioners for |
| |
Revenue and Customs Act 2005), |
| |
(b) | the identity of the person to whom the information relates is |
| 20 |
specified in the disclosure or can be deduced from it, and |
| |
(c) | the disclosure contravenes section 1216CM(5). |
| |
(2) | If a person (“Y”) is charged with an offence under subsection (1), it is |
| |
a defence for Y to prove that Y reasonably believed— |
| |
(a) | that the disclosure was lawful, or |
| 25 |
(b) | that the information had already and lawfully been made |
| |
| |
(3) | A person guilty of an offence under subsection (1) is liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding two years or a fine or both, or |
| 30 |
(b) | on summary conviction, to imprisonment for a term not |
| |
exceeding 12 months or a fine not exceeding the statutory |
| |
| |
(4) | A prosecution for an offence under subsection (1) may be brought in |
| |
| 35 |
(a) | by the Director of Revenue and Customs Prosecutions, or |
| |
(b) | with the consent of the Director of Public Prosecutions. |
| |
(5) | A prosecution for an offence under subsection (1) may be brought in |
| |
| |
(a) | by the Commissioners for Her Majesty’s Revenue and |
| 40 |
| |
(b) | with the consent of the Director of Public Prosecutions for |
| |
| |
(6) | In the application of this section— |
| |
(a) | in England and Wales, in relation to an offence committed |
| 45 |
before the commencement of section 282 of the Criminal |
| |
| |
| |
| |
|
| |
| |
| |
| the reference in subsection (3)(b) to 12 months is to be read as a |
| |
| |
| |
| 5 |
1216D | Application of sections 1216DA and 1216DB |
| |
(1) | Sections 1216DA and 1216DB apply to a company that is the |
| |
television production company in relation to a relevant programme. |
| |
| |
“the completion period” means the accounting period of the |
| 10 |
| |
(a) | in which the relevant programme is completed, or |
| |
(b) | if the company does not complete the relevant |
| |
programme, in which it abandons television |
| |
production activities in relation to the programme, |
| 15 |
“loss relief” includes any means by which a loss might be used |
| |
to reduce the amount in respect of which the company, or any |
| |
other person, is chargeable to tax, |
| |
“pre-completion period” means an accounting period of the |
| |
company before the completion period, and |
| 20 |
“the separate programme trade” means the company’s separate |
| |
trade in relation to the relevant programme (see section |
| |
| |
1216DA | Restriction on use of losses while programme in production |
| |
(1) | This section applies if in a pre-completion period a loss is made in the |
| 25 |
separate programme trade. |
| |
(2) | The loss is not available for loss relief except to the extent that it may |
| |
be carried forward under section 45 of CTA 2010 to be set against |
| |
profits of the separate programme trade in a subsequent period. |
| |
1216DB | Use of losses in later periods |
| 30 |
(1) | This section applies to the following accounting periods of the |
| |
company (“relevant later periods”)— |
| |
(a) | the completion period, and |
| |
(b) | any subsequent accounting period during which the separate |
| |
programme trade continues. |
| 35 |
(2) | Subsection (3) applies if a loss made in the separate programme trade |
| |
is carried forward under section 45 of CTA 2010 from a pre- |
| |
completion period to a relevant later period. |
| |
(3) | So much (if any) of the loss as is not attributable to television tax |
| |
relief (see subsection (6)) may be treated for the purposes of loss |
| 40 |
relief as if it were a loss made in the period to which it is carried |
| |
| |
| |
| |
|
| |
| |
(4) | Subsection (5) applies if in a relevant later period a loss is made in the |
| |
separate programme trade. |
| |
(5) | The amount of the loss that may be— |
| |
(a) | deducted from total profits of the same or an earlier period |
| |
under section 37 of CTA 2010, or |
| 5 |
(b) | surrendered as group relief under Part 5 of that Act, |
| |
| is restricted to the amount (if any) that is not attributable to television |
| |
tax relief (see subsection (6)). |
| |
(6) | The amount of a loss in any period that is attributable to television |
| |
tax relief is calculated by deducting from the total amount of the loss |
| 10 |
the amount there would have been if there had been no additional |
| |
deduction under Chapter 3 in that or any earlier period. |
| |
(7) | This section does not apply to a loss to the extent that it is carried |
| |
forward or surrendered under section 1216DC. |
| |
| 15 |
(1) | This section applies if— |
| |
(a) | a company (“company A”) is the television production |
| |
company in relation to a qualifying programme, |
| |
(b) | company A ceases to carry on its separate trade in relation to |
| |
that programme (“trade X”) (see section 1216B), and |
| 20 |
(c) | if company A had not ceased to carry on trade X, it could |
| |
have carried forward an amount under section 45 of CTA |
| |
2010 to be set against profits of trade X in a later period (“the |
| |
| |
(2) | If on cessation of trade X company A— |
| 25 |
(a) | is the television production company in relation to another |
| |
qualifying programme, and |
| |
(b) | is carrying on its separate trade in relation to that programme |
| |
| |
| it may (on making a claim) make an election under subsection (3). |
| 30 |
(3) | The election is to have the terminal loss (or a part of it) treated as if it |
| |
were a loss brought forward under section 45 of CTA 2010 to be set |
| |
against the profits of trade Y in the first accounting period beginning |
| |
after the cessation and so on. |
| |
(4) | Subsection (5) applies if on cessation of trade X— |
| 35 |
(a) | there is another company (“company B”) that is the television |
| |
production company in relation to a qualifying programme, |
| |
(b) | company B is carrying on its separate trade in relation to that |
| |
programme (“trade Z”), and |
| |
(c) | company B is in the same group as company A for the |
| 40 |
purposes of Part 5 of CTA 2010 (group relief). |
| |
(5) | Company A may surrender the terminal loss (or a part of it) to |
| |
| |
(6) | On the making of a claim by company B the amount surrendered is |
| |
treated as if it were a loss brought forward by company B under |
| 45 |
section 45 of CTA 2010 to be set against the profits of trade Z of the |
| |
| |
| |
|
| |
| |
first accounting period of that company beginning after the cessation |
| |
| |
(7) | The Treasury may, in relation to the surrender of a loss under |
| |
subsection (5) and the resulting claim under subsection (6), make |
| |
provision by regulations corresponding, subject to such adaptations |
| 5 |
or other modifications as appear to them to be appropriate, to that |
| |
made by Part 8 of Schedule 18 to FA 1998 (company tax returns: |
| |
claims for group relief). |
| |
(8) | “Qualifying programme” means a relevant programme in relation to |
| |
which the conditions for television tax relief are met (see 1216C(2)). |
| 10 |
| |
Provisional entitlement to relief |
| |
| |
| |
“the company” means the television production company in |
| 15 |
relation to a relevant programme, |
| |
“the completion period” means the accounting period of the |
| |
| |
(a) | in which the relevant programme is completed, or |
| |
(b) | if the company does not complete the relevant |
| 20 |
programme, in which it abandons television |
| |
production activities in relation to it, |
| |
“interim accounting period” means any earlier accounting |
| |
period of the company during which television production |
| |
activities are carried on in relation to the relevant |
| 25 |
| |
“interim certificate” and “final certificate” have the meaning |
| |
| |
“the separate programme trade” means the company’s separate |
| |
trade in relation to the relevant programme (see section |
| 30 |
| |
“special television relief” means— |
| |
(a) | television tax relief, or |
| |
(b) | relief under section 1216DC (transfer of terminal |
| |
losses from one relevant programme to another). |
| 35 |
(2) | The company’s company tax return for the completion period must |
| |
state that the relevant programme has been completed or that the |
| |
company has abandoned television production activities in relation |
| |
to it (as the case may be). |
| |
1216EA | Certification as a British programme |
| 40 |
(1) | The company is not entitled to special television relief for an interim |
| |
accounting period unless its company tax return for the period is |
| |
accompanied by an interim certificate. |
| |
(2) | If an interim certificate ceases to be in force (otherwise than on being |
| |
superseded by a final certificate) or is revoked, the company— |
| 45 |
| |
| |
|
| |
| |
(a) | is not entitled to special television relief for any period for |
| |
which its entitlement depended on the certificate, and |
| |
(b) | must amend accordingly its company tax return for any such |
| |
| |
(3) | If the relevant programme is completed by the company— |
| 5 |
(a) | its company tax return for the completion period must be |
| |
accompanied by a final certificate, |
| |
(b) | if that requirement is met, the final certificate has effect for |
| |
the completion period and for any interim accounting period, |
| |
| 10 |
(c) | if that requirement is not met, the company— |
| |
(i) | is not entitled to special television relief for any |
| |
| |
(ii) | must amend accordingly its company tax return for |
| |
any period for which such relief was claimed. |
| 15 |
(4) | If the company abandons television production activities in relation |
| |
to the relevant programme— |
| |
(a) | its company tax return for the completion period may be |
| |
accompanied by an interim certificate, and |
| |
(b) | the abandonment of television production activities does not |
| 20 |
affect any entitlement to special television relief in that or any |
| |
previous accounting period. |
| |
(5) | If a final certificate is revoked, the company— |
| |
(a) | is not entitled to special television relief for any period, and |
| |
(b) | must amend accordingly its company tax return for any |
| 25 |
period for which such relief was claimed. |
| |
1216EB | The UK expenditure condition |
| |
(1) | The company is not entitled to special television relief for an interim |
| |
accounting period unless— |
| |
(a) | its company tax return for the period states the amount of |
| 30 |
planned core expenditure on the relevant programme that is |
| |
| |
(b) | that amount is such as to indicate that the condition in section |
| |
1216CE (the UK expenditure condition) will be met on |
| |
completion of the programme. |
| 35 |
| If those requirements are met, the company is provisionally treated |
| |
in relation to that period as if that condition was met. |
| |
(2) | If such a statement is made but it subsequently appears that the |
| |
condition will not be met on completion of the programme, the |
| |
| 40 |
(a) | is not entitled to special television relief for any period for |
| |
which its entitlement depended on such a statement, and |
| |
(b) | must amend accordingly its company tax return for any such |
| |
| |
(3) | When the relevant programme is completed or the company |
| 45 |
abandons television production activities in relation to it (as the case |
| |
may be), the company’s company tax return for the completion |
| |
| |
| |
|
| |
| |
period must be accompanied by a final statement of the amount of |
| |
core expenditure on the programme that is UK expenditure. |
| |
(4) | If that statement shows that the condition in section 1216CE is not |
| |
| |
(a) | is not entitled to special television relief for any period, and |
| 5 |
(b) | must amend accordingly its company tax return for any |
| |
period for which such relief was claimed. |
| |
1216EC | Time limit for amendments and assessments |
| |
| Any amendment or assessment necessary to give effect to the |
| |
provisions of this Chapter may be made despite any limitation on the |
| 10 |
time within which an amendment or assessment may normally be |
| |
| |
| |
| |
2 (1) | Any power conferred on the Secretary of State or the Treasury by virtue of |
| 15 |
this Schedule to make regulations or an order comes into force on the day on |
| |
which this Act is passed. |
| |
(2) | So far as not already brought into force by sub-paragraph (1), the |
| |
amendments made by this Schedule come into force in accordance with |
| |
provision contained in an order made by the Treasury. |
| 20 |
(3) | An order under sub-paragraph (2)— |
| |
(a) | may make different provision for different purposes; |
| |
(b) | may make such adaptations of Part 15A of CTA 2009 as appear to be |
| |
necessary or expedient in consequence of other provisions of this Act |
| |
not yet having come into force. |
| 25 |
3 (1) | The amendments made by this Schedule have effect in relation to accounting |
| |
periods beginning on or after 1 April 2013. |
| |
(2) | Sub-paragraph (3) applies where a company has an accounting period |
| |
beginning before 1 April 2013 and ending on or after that date (“the |
| |
| 30 |
(3) | For the purposes of Part 15A of CTA 2009— |
| |
(a) | so much of the straddling period as falls before 1 April 2013, and so |
| |
much of that period as falls on or after that date, are treated as |
| |
separate accounting periods, and |
| |
(b) | any amounts brought into account for the purposes of calculating for |
| 35 |
corporation tax purposes the profits of any trade of the company for |
| |
the straddling period are apportioned to the two separate accounting |
| |
periods on such basis as is just and reasonable. |
| |
| |
| |
|
