Beta This part of GOV.UK is being rebuilt – find out what this means

HMRC internal manual

Theatre Tax Relief

From
HM Revenue & Customs
Updated
, see all updates

Losses: example: production eligible for Theatre Tax Relief

A Theatrical Production Company (TPC) has one trade that is a theatrical production which qualifies for Theatre Tax Relief (TTR).  It is not part of a group of companies for group relief purposes.

The separate theatrical trade for the purposes of Part 15C Corporation Tax Act 2009 commences on 1 April 2015 and ceases on 31 July 2016.  The company draws up a single set of accounts covering the 15-month trading period.  The accounting periods for tax purposes are therefore:

  • year ended 31 March 2016
  • period ended 31 July 2016.

The computations show:

Period ended 31 March 2016 £
   
Income from the production 210,000
Costs of the production (240,000)
Theatre tax relief – additional deduction (128,000)
(based on qualifying expenditure)  
Profit/(loss) on production (158,000)
Other income – non-trade loan relationship 25,000

The computation shows a trading loss of £158,000.

The TPC chooses not to surrender any part of this trading loss for the Theatre 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 pre-completion period, the loss is restricted and cannot be offset against other income.  The £25,000 interest income (the non-trade loan relationship income) is therefore taxable.

Period ended 31 July 2016  
   
Income from the production 110,000
Costs of the production (150,000)
Theatre tax relief – additional deduction (80,000)
(based on qualifying expenditure)  
Profit/(loss) on production (120,000)
Other income – non-trade loan relationship 20,000

The computation shows a trading loss of £120,000.

This is the completion period.  The trading loss brought forward that is not attributable to TTR can be treated as a loss of the accounting period for the purposes of loss relief.  The amount carried forward into the completion period that is not attributable to TTR is £30,000 (£158,000 - £128,000).

The £40,000 loss arising in this accounting period that is not attributable to TTR (£120,000 - £80,000) is therefore enhanced by the trading loss brought forward from the earlier period.

The losses available to use in this period are £70,000 (£30,000 + £40,000).

The loss not attributable to TTR treated as incurred in the period may be:

  • set against other profits of the same accounting period, or
  • carried back against profits of the accounting period ended 31 March 2016.

The loss cannot be surrendered as group relief because the company is not part of a group.

The company sets off the losses not attributable to TTR against the non-trade loan relationship income of the current and previous period.  This means that there are no taxable profits in the year ended 31 March 2016 and the period ended 31 July 2016.

The remaining £25,000 losses not attributable to TTR (£70,000 - £20,000 - £25,000) and the £208,000 losses attributable to TTR (£128,000 + £80,000), which have not been surrendered for TTC, are stranded.

The following table shows how the losses are used in the two accounting periods:

  Losses from APE 31/03/16 Losses from APE 31/07/16    
         
  TTR non-TTR TTR non-TTR
APE 31/03/16 £ £ £ £
Pre-completion period loss 128,000 30,000    
Losses carried forward into        
Completion period 128,000 30,000    
APE 31/07/16        
Losses brought forward 128,000 30,000    
Completion period loss     80,000 40,000
Losses utilised against NTLR        
(CY & PY)   (30,000)   (15,000)
Remaining losses 128,000 0,000     80,000   25,000