What does section 808 of the Corporation Tax Act 2009 do?

Section 808 excludes intangible fixed assets representing production expenditure on qualifying films from the Part 8 intangible fixed assets regime. Where a film qualifies for special film tax relief under Chapter 2 of Part 15, the general intangible assets rules do not apply, and the company must instead rely on the dedicated film tax relief provisions.

Why does section 808 exclude film production assets from the intangible fixed assets rules?

The exclusion prevents a double benefit. The film tax relief rules already provide a specific and often more generous mechanism for corporation tax relief on qualifying film production costs. Without this carve-out, a company could potentially claim relief twice — once under film tax relief and again under the general intangible assets regime.

Which companies and assets does section 808 apply to?

Section 808 applies to film production companies holding intangible fixed assets that represent production expenditure on a film. The film must qualify under the special film tax relief rules in Chapter 2 of Part 15 of the Corporation Tax Act 2009. When these conditions are met, Part 8 does not govern those assets.

How should a film production company claim tax relief if section 808 applies?

If section 808 applies, the company cannot claim relief for production expenditure through the Part 8 intangible fixed assets rules, including amortisation and disposal provisions. Instead, it must use the dedicated film tax relief provisions under Part 15 of the Corporation Tax Act 2009 to obtain corporation tax relief on that spending.

Corporation Tax Act 2009 section 808

Assets representing production expenditure on films

Section 808 excludes certain film production assets from the intangible fixed assets tax regime.

This section applies to intangible fixed assets held by a film production company.
The assets in question represent production expenditure on a film.
The film must be one that falls within the special film tax relief rules (Chapter 2 of Part 15 of the Act).
Where these conditions are met, the general intangible fixed assets rules in Part 8 do not apply to those assets.

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