Film Production Companies: Losses: Example: Film eligible for FTR
The trade in relation to the film commences on 3 July 2009 and the film is completed on 10 February 2010. The company draws up accounts to 31 December. The accounting periods are therefore:
- 3 July to 31 December 2009
- Year ended 31 December 2010
- Year ended 31 December 2011
The computations show:
APE 31 December 2009
|Income from the film||100,000|
|Costs of the film||(850,000)|
|Film tax relief - additional deduction||(400,000)|
|Loss on film||(1,150,000)|
|Other income - Case III||10,000|
The computation for this period shows a Case I loss of 1,150,000. The company chooses not to surrender any part of this trading loss for the film tax credit. This is a production accounting period and so loss relief is restricted. The loss can only be carried forward under ICTA88/S393(1). The Case III profit therefore remains taxable and a loss of 1,150,000 is carried forward under ICTA88/S393(1). Of these losses, 400,000 is attributable to FTR; 750,000 is not.
APE 31 December 2010 - completion period
|Income from the film||100,000|
|Costs of the film||(150,000)|
|Film tax relief - additional deduction||(100,000)|
|Loss on film||(150,000)|
|Other income - Case III||20,000|
This is the completion period. The computation shows a Case I loss of 150,000. The company chooses not to surrender any part of this trading loss for the film tax credit.
The loss brought forward from the accounting period ended 31 December 2009 may also be treated as a loss of this accounting period for the purposes of loss relief in so far as it is not attributable to FTR. The amount carried forward into the completion period that is not attributable to Film Tax Relief is 750,000.
The loss of the completion period that is available to surrender, set sideways and carry back is restricted; it is calculated as if no FTR was ever available. The adjusted loss is 50,000.
The total amount of loss available for loss relief purposes in this accounting period is therefore 800,000. This is made up of the 750,000 brought forward and the 50,000 of the period itself. This loss is available:
- to set against other profits of the same accounting period;
- to carry back under ICTA/S393A(1) against profits of an earlier accounting period; and
- to surrender as group relief where appropriate.
The company chooses to set off 20,000 of the loss against the Case III income of the completion period and carry back 10,000 against the Case III income in the earlier production period. Leaving 770,000 to carry forward.
Any remaining loss, whether attributable to Film Tax Relief or not is carried forward under ICTA88/S393(1). A total of 1,270,000 remains available to be carried forward under ICTA88/S393(1).
APE 31 December 2011
|Income from the film||1,000,000|
|Costs of the film - exploitation costs||(100,000)|
|Profit on film||900,000|
|Other income - Case III||50,000|
The computation for this period shows a Case I profit of £900,000. The brought forward loss of 1,270,000 is set against this profit. The loss attributable to FTR is used in priority, followed by the loss not attributable to FTR that derives from the completion period. This leaves a loss of 370,000 which can be identified as not attributable to Film Tax Relief and derived from the production period. This loss can be treated as a loss of this accounting period for the purposes of loss relief.
The following table tracks the use of the losses in the accounting periods:
|APE 31 December 2009|
|Production period loss||400,000||750,000|
|Losses carried forward into completion AP||400,000||750,000|
|APE 31 December 2010|
|Losses brought forward||400,000||750,000|
|Completion period loss||100,000||50,000|
|Loss utilised against Case III (CY & PY)||(30,000)|
|Losses carried forward||400,000||750,000||100,000||20,000|
|APE 31 December 2011|
|Losses brought forward||400,000||750,000||100,000||20,000|
|Utilised against profit of same trade||-400,000||-380,000||-100,000||-20,000|
|Remaining - available to set off or surrender||370,000|