OTR30210 - Orchestra Tax Relief: taxation: profit/loss calculation: income: nature

S1217QC Corporation Tax Act 2009 (CTA 2009)

Where the profits or losses of a separate orchestral trade of an Orchestral Production Company (OPC) are within the rules in Part 15D CTA 2009, the income to be brought into account is all the receipts of the trade of making, or making and exploiting, the concert or series.

This means all the money received from generating income from the concert or series in the widest sense, including, but not limited to:

• royalties or other payments for the rights to use the production or aspects of it (for example, broadcast on radio, recorded and sold as a CD)
• payments for merchandise such as programmes,
• receipts by way of a profit share agreement.

Orchestra Tax Credits (OTCs) due or paid to the OPC in connection with a production are not regarded as income from the relevant production.

Loans and grants

Receipts such as grants may be income where they are unconditional contributions to the costs of the concert or series Loans are not trade receipts and, as with any other trade, they are not counted as income of a separate orchestral trade.

Restricted versus Unrestricted Income

Where a charity receives income with restrictions in respect of a particular concert production then this should be brought into account as income for the purposes of the separate orchestral trade.