Document ID: chunk:federal_register_of_legislation:C2025C00029:section:8:p4
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 8 (pt 4/19)
Character Range: 5265779–5268549

the tax offsets for Australian production expenditure on films
 (1) The 3 tax offsets are:
 (a) a refundable tax offset for Australian expenditure in making an Australian film (the producer offset); and
 (b) a refundable tax offset for Australian expenditure in making any film (the location offset); and
 (c) a refundable tax offset for Australian expenditure on post, digital and visual effects production for any film (the PDV offset).
 (2) A company is only entitled to one of these offsets in relation to a film.
 (3) The amount of the offset is determined as a percentage of certain Australian expenditure incurred by a company in producing the film:
 (a) the amount of the producer offset is:
 (i) if the film is a feature film that was produced for commercial exhibition to the public in cinemas—40% of the company's qualifying Australian production expenditure on the film; and
 (ii) otherwise—30% of the company's qualifying Australian production expenditure on the film; and
 (b) the amount of the location offset is 30% of the company's qualifying Australian production expenditure on the film; and
 (c) the amount of the PDV offset is 30% of the company's qualifying Australian production expenditure on the film that relates to post, digital and visual effects production for the film.
 (4) One of the requirements for entitlement to these offsets is that a company must be issued with a certificate for the film. The certificate will state the amount of Australian expenditure on which the offset will be determined.
 (5) The offset is claimed by a company in its income tax return.

376‑5  Structure of this Division
 (1) Subdivision 376‑B tells you about the different tax offsets available for films, who can get each offset and what conditions must be met to get each offset. It also tells you how to work out the amount of each offset.
 (2) Subdivision 376‑C explains what is meant by:
 (a) production expenditure on a film; and
 (b) qualifying Australian production expenditure on a film.
It also contains some rules for quantifying expenditure.
 (3) Subdivision 376‑D deals with a number of administrative matters:
 (a) applying for a certificate for a film; and
 (b) the issue and revocation of a certificate for a film; and
 (c) the making of rules by the Arts Minister (including rules for the establishment of the Film Certification Advisory Board) and the film authority; and
 (d) review of decisions of the Arts Minister and the film authority; and
 (e) amendment of assessments following the revocation of a certificate for a film.

Subdivision 376‑B—Tax offsets for Australian expenditure in making a film

Table of sections

Refundable tax offset for Australian expenditure in making a film (location offset)
376‑10 Film production company