APC20230 - Taxation: profit/loss calculation - expenditure - nature
Part 15A Chapter 2 Corporation Tax Act 2009 (CTA 2009)
Where profits or losses of the animation trade of a Television Production Company (TPC) are within the rules in Part 15A CTA 2009 (APC20010), the expenditure to be brought into account in calculating the profit or loss will be:
- all the expenditure on producing the programme, and
- where rights are retained by the TPC, the costs of exploiting those rights.
Expenditure which would otherwise be treated as capital because it relates to the creation of the animation (rights in which would be reflected as an asset on the balance sheet) is treated as revenue expenditure. This treatment extends only to costs that relate to the creation of an asset (the programme) - so it does not apply to expenditure on the acquisition of plant and machinery since that would be capital regardless of the creation of the programme.
The Television Tax Relief (TTR) rules determine how income and expenditure of animation production are brought into account as debits and credits in computing the profit of the trade. These rules take precedence over the intangibles regime for expenditure which is related to making the programme (S808A CTA 2009).
Where income or expenditure is not related to making the programme and is subject to a specific tax regime (for example because it is proper to the loan relationships or intangibles regimes) the computational rules in those regimes will take priority, as they do for other trades. Any trading debit or credit arising from those regimes will then be brought into account in addition to those for TTR.
The normal rules determining whether particular items are allowable for tax purposes in computing the profits of a trade (see BIM42051 onwards) still apply.
For more information on the loan relationships legislation in particular, see CFM30000 onwards.
Example
Company A is a TPC carrying on a trade in relation to a programme. In the year, income from the programme to be brought into account as a credit is £2000. Costs of the programme to be brought into account as a debit are £1500, which include £150 spent on entertaining. The programme is financed by a loan on which interest of £100 is payable. The cash from the loan is deposited in the bank and interest of £50 is receivable.
The credits and debits for the year are therefore:
| Credits | Debits | |
|---|---|---|
| Income from programme | 2000 | - |
| Production expenditure | - | 1500 |
| Interest received | 50 | - |
| Interest paid | - | 100 |
The loan is a trading loan relationship while the deposit with the bank is a non-trading loan relationship. The debit for interest paid is therefore deducted in computing the profit on the programme-making activity while the credit for interest received will be a non-trading loan relationship credit. A computational adjustment is needed to disallow the expenditure on entertaining giving a net debit for costs of the programme of £1350.
The computation of the profit or loss on the programme-making activity will therefore be made up of the following debits and credits:
Income from the programme: 2000
Costs of the programme: (1350)
Interest paid: (100)
Profit: 550
Treatment of capital expenditure: link to creation of an asset
The requirement to treat capital expenditure as being on revenue account only applies where the expenditure is on creation of the programme, and would otherwise be treated as expenditure on creation of an asset.
The revenue treatment of expenditure does not apply to the purchase of capital items, such as cameras and lighting equipment. Expenditure on these items remains capital expenditure and capital allowances will be available where appropriate.
No double deductions
Expenditure is not deductible under Part 15A CTA 2009 if it has been relieved under the reliefs available for Research and Development (R&D) expenditure (see CIRD80000). These reliefs are the SME scheme, large company scheme and the Research & Development Expenditure Credit (RDEC).
It is not possible to claim other reliefs, such as Film Tax Relief, in respect of expenditure which is subject to a claim for TTR.