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I wrote to the HMRC's Manchester Tax Unit regarding their definition of "intended for theatrical release" and their reply is as follows;
This relates to an intention and it is not relevant if the film isn’t (or is) actually released theatrically. The intention is at the end of the accounts for which the claim is submitted. Although no actual release may happen we expect that the whole set up for the production will demonstrate if the film was made with a theatrically release in mind, e.g. the finance plan, staff contracts, in the appointment of the sales agent etc.
Theatrical release means a release in the commercial cinema to the paying public.
The test also includes that a significant proportion of the income of the film should be intended to come from this source. We would be concerned if the proportion was not above 5%. |
On the matter of length of the film they said;
| The length of the film makes no difference, legislatively, to relief being given, however we would be concerned that an intention for a commercial cinema release to the paying public could be demonstrated” |
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