Avoidance and disclosure: avoidance: introduction
S1216CL Corporation Tax Act 2009
The legislation of Television Tax Relief (TTR) is based on the legislation already in place for Film Tax Relief (FTR). FTR was designed to ensure that it did not suffer from abuses similar to the previous tax relief regime for films.
TTR follows this by targeting relief exclusively at Television Production Companies (TPCs). This means that it is not available to those whose involvement in television production is confined to supplying or arranging finance. This eliminates many possibilities for abuse.
Because the legislation is based on the wording of the FTR rules, it is possible to use precedents from this legislation to inform anti-avoidance for TTR.
The use of the same wording to that used in FTR is intentional. Parliament’s use of the same terms in a subsequent Act is a clear indication of the intended meaning and a Court is likely to find any cases on the equivalent legislation in FTR persuasive.