Finance Act 2024
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Tax credit for expenditure on unscripted production | ||
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49. (1) The Principal Act is amended by the insertion of the following section after section 487: | ||
“487A. (1) In this section— | ||
‘accessibility services’ means services that facilitate the enjoyment of an eligible unscripted programme by persons with a disability (within the meaning of section 2 (1) of the Disability Act 2005 ); | ||
‘broadcast’ and ‘broadcaster’ have the same meanings, respectively, as they have in section 481; | ||
‘cost of on-screen services’ means amounts, excluding travel and subsistence expenses, paid or incurred under— | ||
(a) a contract of service, | ||
(b) a contract for service, or | ||
(c) any other contract, | ||
in respect of the provision of on-screen services; | ||
‘creative role’, in relation to the production of an interim or qualifying unscripted programme, means— | ||
(a) the director, | ||
(b) the production designer, or | ||
(c) any other such similar creative role as may be specified in regulations made under subsection (19); | ||
‘date of completion’, in relation to a qualifying unscripted programme, means: | ||
(a) in the case of a single programme, the earlier of— | ||
(i) the date on which the programme is made available to the public by means of broadcast or transmission on the internet, or | ||
(ii) where the programme is commissioned by an undertaking other than the producer company, the date on which the programme has been delivered to and accepted by the undertaking, | ||
and | ||
(b) in the case of a season, the earlier of— | ||
(i) the date on which the last episode of the season is made available to the public by means of broadcast or transmission on the internet, or | ||
(ii) where the season is commissioned by an undertaking other than the producer company, the date on which the last episode of the season has been delivered to and accepted by the undertaking, | ||
and ‘completed’ shall be construed accordingly; | ||
‘director’ shall be construed in accordance with section 433(4); | ||
‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by all subsequent amendments to that Agreement; | ||
‘EEA state’ means a state, other than the State, which is a contracting party to the EEA Agreement; | ||
‘eligible expenditure’ means the portion of the total cost of production of a qualifying unscripted programme that is expended on the production of the programme in the State as determined in accordance with regulations made under subsection (19)— | ||
(a) directly by the producer company concerned on the employment of eligible individuals, in so far as those individuals exercise their employment in the production of the unscripted programme, and | ||
(b) directly or indirectly by the producer company concerned on the provision of certain goods, services and facilities specified in the regulations; | ||
‘eligible individual’ means an individual employed by a producer company for the purposes of the production of a qualifying unscripted programme; | ||
‘eligible unscripted programme’ means an unscripted programme which is— | ||
(a) produced on a commercial basis with a view to the realisation of profit, | ||
(b) produced wholly or mainly for exhibition to the public by means of broadcast on television or transmission on the internet, | ||
(c) not produced solely or mainly for exhibition as part of a promotional campaign or advertising for a specific product or undertaking, or as a commercial, | ||
(d) in the case of a series in a licensed format, a season of the series where, in the 12 months preceding the application by the producer company for an interim certificate in respect of the season, no interim certificate has been issued in respect of any other season of that series or any season of any other series in that licensed format, and | ||
(e) not certified as a qualifying film under section 481; | ||
‘final certificate’ shall be construed in accordance with subsection (9); | ||
‘interim certificate’ shall be construed in accordance with subsection (4); | ||
‘interim unscripted programme’ means an unscripted programme in respect of which— | ||
(a) an interim certificate has been issued, and | ||
(b) no final certificate has been issued; | ||
‘interim unscripted production corporation tax credit’, in relation to an interim unscripted programme, means an amount incurred in an accounting period equal to 20 per cent of the lowest of— | ||
(a) the eligible expenditure amount, | ||
(b) 80 per cent of the total cost of production of the interim unscripted programme, and | ||
(c) €15,000,000; | ||
‘licensed format’, in relation to a series, means that the details of the original concept and branding of the series are set out in a specified format and that the rights to produce the series in that format can be acquired in accordance with a licence, and references to a format that can be licensed shall be construed accordingly; | ||
‘Minister’ means the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media; | ||
‘on-screen services’ means services (other than accessibility services) provided by an individual for the purpose of the production of an eligible unscripted programme where it is reasonable to consider that the individual could appear on-screen in the eligible unscripted programme in the course of providing those services; | ||
‘producer company’ means a company that— | ||
(a) is resident in the State, or in an EEA state, | ||
(b) carries on a trade of producing unscripted programmes that are wholly or mainly for exhibition to the public by means of broadcast on television or transmission on the internet, on a commercial basis with a view to the realisation of profit, | ||
(c) is not a company, or a company connected to a company— | ||
(i) that is a broadcaster, or | ||
(ii) whose business consists wholly or mainly of transmitting films or programmes on the internet, | ||
and | ||
(d) is not, or is not part of, an undertaking which would be regarded as an undertaking in difficulty; | ||
‘qualifying expenditure’, in relation to an interim unscripted programme or a qualifying unscripted programme, is expenditure other than the cost of on-screen services, determined in accordance with regulations made under subsection (19), incurred by the producer company on the production of the programme; | ||
‘qualifying unscripted programme’ means an unscripted programme in respect of which the Minister has issued a final certificate; | ||
‘Rescuing and Restructuring Guidelines’ means the Communication from the Commission on Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty4 ; | ||
‘season’ means a set of episodes of a series that are commissioned together under the same agreement to be exhibited to the public together or sequentially over a period of not more than 12 months; | ||
‘series’ means an unscripted programme consisting of multiple episodes with a common title produced in a format that can be licensed; | ||
‘total cost of production’, in relation to an interim unscripted programme or a qualifying unscripted programme, means the qualifying expenditure that was wholly, exclusively and necessarily incurred to produce the programme; | ||
‘travel’ means travel by car, motorcycle, taxi, bus, rail, boat or aircraft; | ||
‘travel and subsistence expenses’ means so much of a payment made by a producer company in respect of expenses of travel and subsistence as does not exceed the upper of any relevant rate or rates laid down from time to time by the Minister for Public Expenditure, National Development Plan Delivery and Reform in relation to the payment of expenses of travel and subsistence of a civil servant (within the meaning of the Civil Service Regulation Act 1956 ); | ||
‘undertaking’ means the relevant economic unit that would be regarded as an undertaking for the purposes of the Rescuing and Restructuring Guidelines; | ||
‘undertaking in difficulty’ shall be construed in accordance with section 2.2 of the Rescuing and Restructuring Guidelines; | ||
‘unscripted production corporation tax credit’, in relation to a qualifying unscripted programme, means an amount equal to 20 per cent of the lowest of— | ||
(a) the eligible expenditure amount, | ||
(b) 80 per cent of the total cost of production of the unscripted programme, and | ||
(c) €15,000,000; | ||
‘unscripted programme’ means a non-fiction audiovisual work consisting of either a single programme or a season, of a kind which is specified as eligible for certification under this section in regulations made under subsection (19); | ||
‘valid claim’ means a claim in relation to an interim unscripted production corporation tax credit or an unscripted production corporation tax credit, as the case may be, which is— | ||
(a) made under and in accordance with this section, and | ||
(b) in respect of which all information which the Revenue Commissioners may reasonably require to enable them to determine if, and to what extent, the credit is due to a producer company in respect of an accounting period, has been furnished by that company. | ||
(2) Subject to the provisions of this section, a producer company may make an application to the Minister— | ||
(a) in relation to an unscripted programme to be produced by the company, for the issue by the Minister of an interim certificate, and | ||
(b) in relation to an unscripted programme that is produced and completed by the company, for the issue by the Minister of a final certificate. | ||
(3) An application for an interim or final certificate, as the case may be, under subsection (2) shall be in the form approved by the Minister for that purpose and shall contain such information as may be specified in regulations made under subsection (19). | ||
(4) The Minister may, following an application by a producer company under subsection (2)(a), subject to subsection (5) and in accordance with regulations made under subsection (19), issue to the producer company a certificate (in this section referred to as an ‘interim certificate’) stating— | ||
(a) that the certificate is an interim certificate, | ||
(b) that the unscripted programme is to be treated as an interim unscripted programme for the purposes of this section, and | ||
(c) the expiry date of the interim certificate. | ||
(5) In considering whether to issue an interim certificate, the Minister shall, in accordance with regulations made under subsection (19), have regard to— | ||
(a) the timing of the application by reference to the commencement of production in the State, | ||
(b) the categories of programmes eligible for certification under this section as specified in regulations made under subsection (19), | ||
(c) whether the unscripted programme as proposed is likely to be an eligible unscripted programme when completed, and | ||
(d) the contribution which the production of the unscripted programme is expected to make to the promotion and expression of Irish or European culture, by reference to the following matters: | ||
(i) the cultural content of the unscripted programme, including its setting, themes, performers and participants, subject matter and language, in particular the Irish language; | ||
(ii) the cultural creativity employed in the unscripted programme including— | ||
(I) innovative portrayal of Irish culture, | ||
(II) the use of a format or concept developed in the State, | ||
(III) the use of persons in creative roles, who are nationals of, or ordinarily resident in, the State or an EEA state, and | ||
(IV) the use of music, script or other materials written or created in the State or by persons who are nationals of, or ordinarily resident in, the State or an EEA state; | ||
(iii) the contribution of the unscripted programme to the development of a concentration of cultural activity by reference to such matters as— | ||
(I) the proportion of creative work carried out in the State, | ||
(II) the number of key positions in the production of the unscripted programme occupied by persons who are nationals of, or ordinarily resident in, the State or an EEA state, and | ||
(III) the proportion of the members of the production team who are nationals of, or ordinarily resident in, the State or an EEA state; | ||
(iv) the cultural contribution of the unscripted programme by reference to matters including the educational content of programmes aimed at children and the inclusion of themes relating to— | ||
(I) diversity and equality, | ||
(II) promoting the protection and restoration of Irish or European ecosystems, and | ||
(III) raising awareness of the exigencies of increasing environmental sustainability and minimising climate change. | ||
(6) Where an interim certificate is issued, the Minister, having regard to the matters specified in subsection (5) in accordance with regulations made under subsection (19), shall specify in the interim certificate such conditions, as the Minister may consider proper, including conditions in relation to— | ||
(a) the employment-related responsibilities of the producer company in the production of the unscripted programme, | ||
(b) the employment of personnel, including trainees, (other than the producer) for that production, | ||
(c) in respect of the Communication from the Commission (2013/C 332/01)5 , the maximum aid intensity, and | ||
(d) the nature and detail of acknowledgement in the opening titles or closing credits of the unscripted programme. | ||
(7) The Minister may amend or revoke any condition (including a condition added by virtue of this subsection) specified in an interim certificate, or add to such conditions, by giving notice in writing to the producer company concerned of the amendment, revocation or addition, as the case may be, and this section shall apply as if— | ||
(a) a condition so amended or added by the notice was specified in the interim certificate, and | ||
(b) a condition so revoked was not specified in the interim certificate. | ||
(8) On the expiry of an interim certificate, the interim certificate shall cease to have effect and is treated as never having had effect unless— | ||
(a) an application has been made in advance of the expiry date to the Minister for a certificate under subsection (2)(b), and | ||
(b) on the determination of the application referred to in paragraph (a), a final certificate is issued by the Minister. | ||
(9) The Minister may, following an application by a producer company under subsection (2)(b), where he or she is satisfied that the unscripted programme as completed is an eligible unscripted programme, subject to subsection (10) and in accordance with regulations made under subsection (19), issue to the producer company a certificate (in this section referred to as a ‘final certificate’) stating— | ||
(a) that the certificate is a final certificate, and | ||
(b) that the unscripted programme is to be treated as a qualifying unscripted programme for the purposes of this section. | ||
(10) In considering whether to issue a final certificate, the Minister shall, in accordance with regulations made under subsection (19), have regard to— | ||
(a) the contribution which the unscripted programme makes to the promotion and expression of Irish or European culture, by reference to the matters referred to in subparagraphs (i) to (iv) of subsection (5)(d), and | ||
(b) whether the conditions specified in the interim certificate issued in respect of the unscripted programme have been satisfied. | ||
(11) Where a final certificate is issued, the Minister, having regard to the matters specified in subsection (10) in accordance with regulations made under subsection (19), shall specify in the final certificate such conditions, as the Minister may consider proper, including conditions in relation to— | ||
(a) the employment-related responsibilities of the producer company for the production of the unscripted programme, | ||
(b) in respect of the Communication from the Commission (2013/C 332/01), the maximum aid intensity, and | ||
(c) the nature and detail of acknowledgement in the opening titles or closing credits of the unscripted programme. | ||
(12) The Minister may amend or revoke any condition (including a condition added by virtue of this subsection) specified in a final certificate, or add to such conditions, by giving notice in writing to the producer company concerned of the amendment, revocation or addition, as the case may be, and this section shall apply as if— | ||
(a) a condition so amended or added by the notice was specified in the final certificate, and | ||
(b) a condition so revoked was not specified in the final certificate. | ||
(13) Where a producer company has received an interim certificate or a final certificate, as the case may be, in respect of an unscripted programme, no other company may subsequently be regarded as the producer company in relation to that programme for the purposes of this section. | ||
(14) A producer company shall not make a claim for an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22) where— | ||
(a) there has not been issued to the producer company either an interim certificate, as respects claims made under subsection (21), or a final certificate, as respects claims made under subsection (22), by the Minister in respect of the unscripted programme concerned, | ||
(b) as respects claims made under subsection (21), the interim certificate has expired, | ||
(c) the producer company, any company controlled by the producer company and each person who is either the beneficial owner of, or able directly or indirectly to control, more than 15 per cent of the ordinary share capital of the producer company (in this paragraph referred to as a ‘relevant person’), as the case may be, is not in compliance with all of the obligations imposed by the Tax Acts, the Capital Gains Tax Acts or the Value-Added Tax Consolidation Act 2010 in relation to— | ||
(i) the payments or remittances of taxes, interest or penalties required to be paid or remitted under those Acts, | ||
(ii) the delivery of returns, and | ||
(iii) requests to supply to an officer of the Revenue Commissioners accounts of, or other information about, any business carried on by the producer company, or relevant person, as the case may be, | ||
(d) as respects a claim made under subsection (22)— | ||
(i) the eligible expenditure amount is less than €125,000, | ||
(ii) the total cost of the production of the project is less than €250,000, or | ||
(iii) the return in which that claim is made is in respect of an accounting period of less than 12 months, unless the accounting period, when taken together with the immediately preceding accounting period, is a period of not less than 12 months, | ||
(e) the producer company is an undertaking in difficulty, | ||
(f) any company in an undertaking of which the producer company is part is subject to an outstanding recovery order following a previous decision of the European Commission that declared an aid illegal and incompatible with the internal market, | ||
(g) the producer company is resident in an EEA state and does not carry on business in the State through a branch or agency, or | ||
(h) the producer company has been carrying on the trade referred to in paragraph (b) of the definition in subsection (1) of ‘producer company’ for a period of less than 12 months prior to making a claim. | ||
(15) A producer company shall not make a claim for an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22) where— | ||
(a) there is no commercial rationale for the corporate structure of the producer company— | ||
(i) for the production, financing, distribution or sale of the unscripted programme, or | ||
(ii) for all of the purposes referred to in subparagraph (i), | ||
(b) the corporate structure of the producer company would hinder the Revenue Commissioners in verifying compliance with any of the provisions governing the relief, or | ||
(c) prior to making a claim, the producer company does not have such information and records as the Revenue Commissioners may reasonably require for the purposes of determining whether that claim complies with this section. | ||
(16) A claim by a producer company for an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22) shall not include expenditure— | ||
(a) where it would be reasonable to consider that the amount of such expenditure or any particular item of such expenditure has been inflated, | ||
(b) in respect of which the company has claimed relief under Part 29, | ||
(c) where such expenditure is an item of capital expenditure, incurred by any company on the production of an unscripted programme, in respect of which relief was already claimed under this section, | ||
(d) in respect of which the company has claimed relief under section 481, or | ||
(e) that has been or is to be met directly or indirectly by grant assistance or any other assistance which is granted by or through— | ||
(i) the State or another Member State of the European Union, | ||
(ii) any board established by statute, any public or local authority or any other agency of the State or another Member State or an institution, office, agency or other body of the European Union, or | ||
(iii) a state, other than the State or a Member State referred to in subparagraph (i), and any board, authority, institution, office, agency or other body in such state. | ||
(17) In carrying out their functions under this section, the Revenue Commissioners may— | ||
(a) consult with any person, agency or body of persons, as in their opinion may be of assistance to them, | ||
(b) notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by, or under, the Tax Acts or any other statute or otherwise, disclose any detail in an application or claim of a producer company under this section which they consider necessary for the purposes of such consultation, and | ||
(c) where they have reason to believe that financial arrangements have been entered into in contravention of subsection (18)(a), seek any information they consider appropriate in relation to the arrangements or in relation to any person who is, directly or indirectly, a party to the arrangements. | ||
(18) A company shall not be regarded as a producer company in respect of an interim unscripted programme or a qualifying unscripted programme for the purposes of this section— | ||
(a) where the financial arrangements which the company enters into in relation to the interim unscripted programme or the qualifying unscripted programme are— | ||
(i) financial arrangements of any type with a person resident, registered or operating in a territory other than— | ||
(I) an EEA state, or | ||
(II) a territory with the government of which arrangements having the force of law by virtue of section 826(1) have been made, | ||
or | ||
(ii) financial arrangements under which funds are channelled, directly or indirectly, to, or through, a territory other than a territory referred to in clause (I) or (II) of subparagraph (i), | ||
other than where— | ||
(A) those arrangements relate to the production of part of the interim unscripted programme or the qualifying unscripted programme in a territory other than a territory referred to in clause (I) or (II) of subparagraph (i), | ||
(B) the producer company has sufficient records to enable the Revenue Commissioners to verify, in the case of the production of an interim unscripted programme or a qualifying unscripted programme in such a territory, the amount of each item of expenditure on the production expended in the territory, whether expended by the producer company or by any other person, and | ||
(C) the producer company has such records in place to substantiate such expenditure in advance of making a claim under either or both of subsections (21) and (22), | ||
(b) without prejudice to the generality of section 886, where the company fails to provide, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by the Minister under subsection (4) or (9), evidence to vouch each item of expenditure in the State or elsewhere on the production of the interim unscripted programme and the qualifying unscripted programme, whether expended by the producer company or by any other person engaged, directly or indirectly, by the producer company to provide goods, services or facilities in relation to such production and, in particular, such evidence shall include— | ||
(i) records required to be kept or retained by the producer company by virtue of section 886, and | ||
(ii) records, in relation to the production of the interim unscripted programme and the qualifying unscripted programme, required to be kept or retained by that other person by virtue of section 886, or which would be so required if that other person were subject to the provisions of that section, | ||
(c) in relation to a claim under subsection (22), where the company fails to provide, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by the Minister under subsection (9), a copy of the unscripted programme in such form and manner required under paragraph (d)(ii), | ||
(d) where the company, within such period as is specified in the regulations made under subsection (19), fails to— | ||
(i) notify the Minister in writing of the date of completion of the production of the qualifying unscripted programme, and | ||
(ii) provide to the Minister a copy of the completed unscripted programme in such form and manner as may be specified in those regulations, | ||
(e) unless the company makes a claim under subsection (22) and has available, prior to making that claim, a compliance report, in such form and manner as may be specified in the regulations made under subsection (19), which provides proof that— | ||
(i) the provisions of this section in so far as they apply in relation to the company have been met, | ||
(ii) any conditions attaching to the interim certificate issued to the company in relation to the interim unscripted programme have been fulfilled, and | ||
(iii) any conditions attaching to the final certificate issued to the company in relation to the qualifying unscripted programme have been fulfilled, | ||
or | ||
(f) where the company ceases to carry on the trade referred to in paragraph (b) of the definition in subsection (1) of ‘producer company’ before a date which is 12 months after the date of completion. | ||
(19) The Revenue Commissioners with the consent of the Minister for Finance and, in relation to the matters specified in paragraphs (a) to (c), with the consent of the Minister, shall make regulations with respect to the administration by the Revenue Commissioners of the relief under this section and with respect to the matters to be considered by the Minister for the purposes of subsections (5) and (10) and, without prejudice to the generality of the foregoing, regulations under this subsection may include provisions— | ||
(a) governing the application to the Minister for interim or final certification, the timing of such applications and the information and documents to be provided by the producer company in or with such applications, | ||
(b) specifying the period within which a producer company shall notify the Minister of the date of completion of the production of a qualifying unscripted programme, | ||
(c) specifying the period within which, and the form, number and manner in which, copies of a qualifying unscripted programme shall be provided to the Minister, | ||
(d) specifying the categories of programmes eligible for certification by the Minister under this section, | ||
(e) governing the records that a producer company shall maintain or provide to the Revenue Commissioners, | ||
(f) governing the period for which, and the place at which, such records shall be maintained, | ||
(g) specifying the form and content of the compliance report that shall be available in accordance with subsection (18)(e), the manner in which such report shall be made and verified, and the documents to accompany the report, | ||
(h) governing the type of expenditure which may be treated as qualifying or eligible expenditure on the production of an interim unscripted programme or a qualifying unscripted programme, including the period within which such expenditure may be incurred or paid, | ||
(i) governing the provision of the goods, services and facilities referred to in the definition in subsection (1) of eligible expenditure, including the place of origin of those goods, services and facilities, the place in which they are provided and the location of the supplier, | ||
(j) specifying the roles that may be regarded as creative roles for the purposes of an application for, and certification in respect of, an interim unscripted programme or qualifying unscripted programme, | ||
(k) specifying the currency exchange rate to be applied to expenditure on the production of an interim unscripted programme or a qualifying unscripted programme, | ||
(l) specifying the criteria to be considered by the Minister in relation to the matters referred to in subsections (5) and (10)— | ||
(i) in deciding whether to issue an interim certificate or a final certificate, and | ||
(ii) in specifying conditions in such certificate under subsection (6) or (11), | ||
and the information required for those purposes to be included in the application made to the Minister by a producer company, | ||
(m) governing the employment of eligible individuals and the circumstances in which expenditure by a producer company would be regarded as expenditure on the employment of those individuals in the production of a qualifying unscripted programme, and | ||
(n) governing financial arrangements in accordance with subsection (18)(a). | ||
(20) The Revenue Commissioners shall, for the purpose of making regulations under subsection (19)— | ||
(a) in relation to the matter referred to in paragraph (d), in consultation with the Minister for Finance and the Minister, have regard to— | ||
(i) the public interest in particular categories of unscripted programme being broadcast or transmitted on the internet, and | ||
(ii) any harm that may result from the broadcast or transmission on the internet of particular categories of unscripted programme, | ||
(b) in relation to the matter referred to in paragraph (h), in consultation with the Minister for Finance, have regard to— | ||
(i) whether the type of expenditure is directly related to the production of an unscripted programme, and | ||
(ii) the extent to which the type of expenditure is incurred directly by the producer company on the production of an unscripted programme, | ||
and | ||
(c) in relation to the matter referred to in paragraph (i), in consultation with the Minister for Finance, have regard to— | ||
(i) the territorial spending obligations permissible under the Communication from the Commission (2013/C 332/01), and | ||
(ii) the extent to which the goods, services or facilities support the contribution made by the production of unscripted programmes to the promotion or expression of Irish or European culture. | ||
(21) (a) Where the Minister has issued an interim certificate in relation to an interim unscripted programme to a producer company and the provisions of this section have been complied with, a producer company may, in advance of the date of completion, make a claim for the interim unscripted production corporation tax credit where— | ||
(i) the interim certificate has not expired, and | ||
(ii) the aggregate of all claims made pursuant to the interim certificate does not exceed 20 per cent of €15,000,000. | ||
(b) A claim under this subsection shall be made within 12 months from the end of the accounting period in which the expenditure giving rise to the claim is incurred and shall be made in the return, required under Part 41A, in respect of that accounting period. | ||
(22) (a) Where the Minister has issued a final certificate in relation to a qualifying unscripted programme to a producer company and the provisions of this section have been complied with, a producer company may make a claim for the unscripted production corporation tax credit, less the amount, if any, already claimed in respect of the qualifying unscripted programme under subsection (21). | ||
(b) A claim under this subsection shall be made— | ||
(i) within 12 months from the end of the accounting period in which the last of the expenditure giving rise to the claim is incurred, or | ||
(ii) in a case in which the final certificate is issued after a date which is 3 months prior to the expiry of the 12-month period referred to in paragraph (a), within 3 months from the date on which that certificate is issued. | ||
(c) A claim under this subsection shall be made in the return, required under Part 41A, in respect of the accounting period referred to in subparagraph (i) of paragraph (b). | ||
(23) Where a producer company makes a claim for an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22), the producer company shall specify as regards the amount claimed under subsection (21) or (22), as the case may be, whether that amount or any portion of that amount is to be— | ||
(a) treated as an overpayment of tax, for the purposes of section 960H, or | ||
(b) paid to the company by the Revenue Commissioners. | ||
(24) Where a claim in respect of an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22) is made, the amount of the interim unscripted production corporation tax credit or the amount of the unscripted production corporation tax credit, as the case may be, shall be paid or offset in full, in the manner specified by the producer company under subsection (23), by the Revenue Commissioners within 48 months from when a valid claim is made. | ||
(25) No amount of the interim unscripted production corporation tax credit or the unscripted production corporation tax credit shall be paid or offset under subsection (24) unless a valid claim has been made to the Revenue Commissioners for that purpose. | ||
(26) Nothing in this section shall prevent the Revenue Commissioners from examining a claim subsequent to any payment or offset having been made and making or amending an assessment, as the case may be, under Chapter 5 of Part 41A. | ||
(27) The interim unscripted production corporation tax credit or the unscripted production corporation tax credit, if any, arising to a producer company in accordance with this section shall not be income of the producer company or another company for the purposes of corporation tax. | ||
(28) Any claim in respect of an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22) (whether, in either case, the amount of the credit is to be treated as an overpayment of tax under subsection (23)(a) or paid to the company under subsection (23)(b)) shall, for the purposes of sections 851A and 851B, Chapter 4 of Part 38 and Part 47, be treated as a claim for a credit and the amount so claimed shall be treated as an amount of tax refundable. | ||
(29) Where a producer company specifies that an interim unscripted production corporation tax credit or an unscripted production corporation tax credit is to be treated, under subsection (23)(a), as an overpayment of tax, and where that amount is, under section 960H, offset in whole or in part against the company’s corporation tax payable (within the meaning of Part 41A) for the accounting period, then, for the purposes of calculating the amount of preliminary tax due in respect of that accounting period and the subsequent accounting period under section 959AR or 959AS, as the case may be, the amount of corporation tax payable by the company for that accounting period shall be reduced by the amount so offset. | ||
(30) In respect of any claim in respect of an interim unscripted production corporation tax credit or an unscripted production corporation tax credit, as the case may be, that remains unpaid, for the purposes of determining an amount in accordance with subsection (3) or (4) of section 1077F, a reference to an amount of tax that would have been payable for the relevant period by the person concerned shall be read as if it were a reference to the amount so claimed. | ||
(31) (a) Subject to paragraph (b), where a producer company makes a claim in respect of an interim unscripted production corporation tax credit or an unscripted production corporation tax credit and it is subsequently found that the claim is not as authorised by this section, then— | ||
(i) the company, | ||
(ii) any director of the company, or | ||
(iii) any person referred to in subsection (14)(c), | ||
may be charged to tax under Case IV of Schedule D for the accounting period, or year of assessment, as the case may be, in respect of which an amount was paid or offset under subsection (23), in an amount equal to— | ||
(I) in the case of a company, 4 times, and | ||
(II) in the case of an individual, one hundred fortieths, | ||
of so much of the amount of the interim unscripted production corporation tax credit or the unscripted production corporation tax credit, as the case may be, as is not so authorised. | ||
(b) An amount chargeable to tax under this subsection shall be treated— | ||
(i) as income against which no loss, deficit, expense or allowance may be set off, and | ||
(ii) as not forming part of the income of the company for the purposes of calculating a surcharge under section 440. | ||
(32) The circumstances in which a claim is not authorised by this section shall include any circumstances where the amount was claimed under either or both subsections (21) and (22), or paid or offset under subsection (24) and— | ||
(a) the company made a claim contrary to either or both subsections (21) and (22), or | ||
(b) the producer company— | ||
(i) fails to satisfy or comply with any condition or obligation under this section or regulations made under this section, | ||
(ii) fails to satisfy or comply with any condition or obligation specified in a certificate, or | ||
(iii) at any time on or before the date of completion fails to comply with any of the obligations referred to in subsection (14)(c). | ||
(33) Where an amount is charged to tax in accordance with subsection (31), the amount so charged shall, for the purposes of section 1080, be deemed to be tax due and payable and shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid or offset, under section 960H, by the Revenue Commissioners. | ||
(34) Notwithstanding section 851A, where a producer company obtains relief under this section, the Revenue Commissioners may disclose the following taxpayer information in accordance with State aid transparency requirements: | ||
(a) the name of the company; | ||
(b) the name of the unscripted programme; | ||
(c) the number of the certificate of incorporation of the company; | ||
(d) in respect of the principal activity carried on by the company, the NACE classification code, as determined in accordance with Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 20066 as amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 20197 and Commission Delegated Regulation (EU) 2023/137 of 10 October 20228 ; | ||
(e) the amount of interim unscripted production corporation tax credit or unscripted production corporation tax credit, as the case may be, granted, by reference to ranges set out in page 30, paragraph 166(vi) of the Guidelines on State Aid to Promote Risk Finance9 , inserted by Communication from the Commission (2014/C 198/02)10 ; | ||
(f) whether the company is— | ||
(i) a category of enterprise referred to in Article 2.1 of Annex 1 to Commission Regulation (EU) No. 651/2014 of 17 June 201411 , or | ||
(ii) a category of enterprise which is larger than the categories of enterprise referred to in subparagraph (i); | ||
(g) the territorial unit, within the meaning of the NUTS Level 2 classification specified in Annex 1 to Regulation (EC) No. 1059/2003 of the European Parliament and of the Council of 26 May 200312 amended by Regulation (EC) No. 1888/2005 of the European Parliament and of the Council of 26 October 200513 , Commission Regulation (EC) No. 105/2007 of 1 February 200714 , Regulation (EC) No. 176/2008 of the European Parliament and of the Council of 20 February 200815 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 200816 , Commission Regulation (EU) No. 31/2011 of 17 January 201117 , Council Regulation (EU) No. 517/2013 of 13 May 201318 , Commission Regulation (EU) No. 1319/2013 of 9 December 201319 , Commission Regulation (EU) No. 868/2014 of 8 August 201420 , Commission Regulation (EU) 2016/2066 of 21 November 201621 , Regulation (EU) 2017/2391 of the European Parliament and of the Council of 12 December 201722 , Commission Delegated Regulation 2019/1755 of 8 August 201923 , and Commission Delegated Regulation (EU) 2023/674 of 26 December 202224 in which the company is located; | ||
(h) the date on which the interim unscripted production corporation tax credit or unscripted production corporation tax credit, as the case may be, is obtained. | ||
(35) In relation to information provided to the Minister by a company for the purposes of obtaining an interim or final certificate under this section, the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, in processing such information, shall, for the purposes of section 851A, be deemed to be engaged as a service provider with respect to the administration of this section. | ||
(36) No amount of an interim unscripted production corporation tax credit or an unscripted production corporation tax credit shall be paid or offset under subsection (24) by the Revenue Commissioners in respect of an interim or final certificate issued after 31 December 2028. | ||
(37) Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”. | ||
(2) Subsection (1) shall apply to qualifying expenditure (within the meaning of section 487A of the Principal Act) incurred on or after the coming into operation of this section. | ||
(3) This section shall come into operation on such day or days as the Minister for Finance may appoint by order. | ||
5 OJ No. C332, 15.11.2013, p.1 6 OJ No. L393, 30.12.2006, p.1 7 OJ No. L198, 25.7.2019, p.241 10 OJ No. C198, 27.6.2014, p.30 11 OJ No. L187, 26.6.2014, p.70 12 OJ No. L154, 21.6.2003, p.1 13 OJ No. L309, 25.11.2005, p.1 16 OJ No. L311, 21.11.2008, p.1 17 OJ No. L13, 18.1.2011, p.3. 18 OJ No. L158, 10.6.2013, p.1 19 OJ No. L342, 18.12.2013, p.1 20 OJ No. L241, 13.8.2014, p.1 21 OJ No. L322, 29.11.2016, p.1 22 OJ No. L350, 29.12.2017, p.1 |