Corporation Tax Act 2009 section 1218ZAC

Primary production company

Section 1218ZAC defines who qualifies as the primary production company for a museum or gallery exhibition, which is essential for claiming exhibitions tax relief.

• The company must make an effective creative, technical or artistic contribution to the exhibition and directly negotiate for, contract for and pay for rights, goods and services relating to it.
• The company must be responsible for producing and running the exhibition at the venue (or at one or more venues where there are several), including deinstallation and closing, and must be actively engaged in decision-making.
• There can only be one primary production company per qualifying exhibition; if more than one company meets the conditions, the one most directly meeting them is the primary production company. Partnerships are not eligible.
• If no company meets both conditions, there is no primary production company for the exhibition, meaning no claim for exhibitions tax relief can be made.