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HMRC internal manual

Television Production Company Manual

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HM Revenue & Customs
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Losses: example: losses applied to new programme

Part 15A Chapter 2 Corporation Tax Act 2009 (CTA 2009)

A Television Production Company (TPC) produces Programme 1 which qualifies for Television Tax Relief (TTR). The company draws up accounts to 31 December.

The separate trade for the purposes of Part 15A CTA 2009 commences on 3 July 2013 and the programme is completed on 10 February 2014. The company draws up accounts to 31 December. The accounting periods are therefore:

  • 3 July to 31 December 2013
  • Year ended 31 December 2014
  • Year ended 31 December 2015

The company ceases its television programme trade in respect of Programme 1 on 15 August 2014 when it sells the rights to Programme 1 outright.

On 17 March 2014, the TPC commences a new television programme trade in relation to Programme 2 which also qualifies for TTR.

The computations show:

Period ended 31 December 2013 Programme 1
£ Programme 2
£ Other
£        
         
  Income from the programme 100,000    
  Costs of the programme (850,000)    
  Television tax relief - additional deduction (400,000)    
  Profit/(loss) on programme (1,150,000)    
  Other income - non-trade loan relationship     10,000

 

The computation shows a trading loss of £1,150,000 on Programme 1. The TPC chooses not to surrender any part of this trading loss for the Television Tax Credit (TTC). In reality, a TPC would be unlikely to make this choice, which is intended to illustrate the computational principle.

As this is a production accounting period, the loss is restricted and cannot be offset against other income. The interest income (the non-trade loan relationship income) is therefore taxable.

Period ended 31 December 2014 Programme 1
£ Programme 2
£ Other
£        
         
  Income from the programme 500,000 800,000  
  Costs of the programme (150,000) (400,000)  
  Television tax relief - additional deduction (100,000) (3000,000)  
  Profit/(loss) on programme 250,000 100,000  
  Other income - non-trade loan relationship     20,000

 

The computation shows a profit of £250,000 on Programme 1 and a profit of £100,000 on Programme 2.

This is the completion period in respect of Programme 1. It is also the cessation period of the trade.

The brought forward loss of £1,150,000 reduces the profit of Programme 1 to nil. This leaves an unutilised loss of £900,000 of which:

  • £150,000 is attributable to TTR, and
  • £750,000 is not attributable to TTR.

As this is a completion period, the company can utilise the profits not attributable to TTR against other profits and carry them back to the previous period. They therefore utilise losses as follows:

Set against other profits of the same accounting period £120,000
   
Carried back against profits of the previous period £10,000
Surrendered as group relief £200,000
  £330,000

 

This is the maximum amount that can be relieved. It leaves nil total taxable profits in both periods.

This leaves unutilised losses as follows:

  • £150,000 is attributable to TTR, and
  • £420,000 is not attributable to TTR.

By claiming terminal loss relief under the TTR rules, the losses are transferred to the trade of Programme 2. This trade will therefore treat the full £570,000 losses as brought forward losses in the next accounting period.

Period ended 31 December 2015 Programme 1
Ceased Programme 2
£ Other
£        
         
  Income from the programme   1,000,000  
  Costs of the programme   (400,000)  
  TTR - additional deduction   (200,000)  
  Loss on programme   400,000  
  Other income - non-trade loan relationship     50,000

 

The computation for this period shows a trading profit of £400,000 for Programme 2. The losses deemed to be brought forward of £570,000 are utilised against this profit first.

The profit is reduced to nil and there are £170,000 of losses deemed to be brought forward for Programme 2 at the beginning of the next period.

These losses can only be used against the profits of the trade of Programme 2. This is because the legislation states that, in a pre-completion period, the losses must be treated as trading losses carried forward under S45 Corporation Tax Act 2010.

The following table shows how the losses from Programme 1 are used in the various accounting periods:

  Programme 1   Programme 2
       
  TTR    
£ non-TTR
£ non-TTR
£        
  APE 31/12/13      
  Production period loss 400,000 750,000  
  Losses carried forward into completion period 400,000 750,000  
  APE 31/12/14      
  Losses brought forward 400,000 750,000  
  Set of against Programme 1 profit (250,000)    
  Set off against NTLR   (20,000)  
  Carried back against NTLR of previous period   (10,000)  
  Surrendered as group relief   (200,000)  
  Losses carried forward under terminal loss relief rules 400,000 750,000  
  APE 31/12/15      
  Losses brought forward     570,000
  Utilised against profits of Programme 2     (400,000)
  Losses carried forward     170,000