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Production Services Tax Credit Frequently Asked Questions

Questions:

Who can claim the PSTC?
Is the credit refundable?
Can a PSTC be claimed if a Film and Television Tax Credit is being claimed for the same production?
How do I claim the PSTC?
Is there a time limit for applying for an accreditation certificate?
What is the time limit for making a claim for the PSTC?
What form do I use to claim the PSTC?
Who administers the PSTC?
What does the change in the definition of BC–based individual mean?
Does 3D or stereoscopic filming qualify for the Digital Animation or Visual Effects (DAVE) tax credit?
What are considered allowable producer fees?
Are kit rentals considered eligible labour expenditures for the film tax credit programs?

Answers:

Who can claim the PSTC?

The PSTC may be claimed by an accredited production corporation. Please see the following bulletin for more information on the eligibility requirements:

  • CIT 010, Production Services Tax Credit
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Is the credit refundable?

Yes, the credit is refundable to the extent it exceeds the corporation's income tax payable.


Can a PSTC be claimed if a Film and Television Tax Credit is being claimed for the same production?

No, only one or the other may be claimed for a single production. Please see the Film and Television Tax Credit for more information.

How do I claim the PSTC?

The credit is claimed when filing the T2 Corporation Income Tax Return. A completed claim form (T1197) and an accreditation certificate for each production should be attached to the top of the T2 form.

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Is there a time limit for applying for an accreditation certificate?

No, there is no time limit for applying for the certificate. However, there is a time limit for claiming the PSTC, and an accreditation certificate is required for the Canada Revenue Agency (CRA) to process the PSTC claim.

Production companies are encouraged to apply for an accreditation certificate as early as possible in the pre-production or production stage. This allows time to correct any items that may put a production offside prior to the start of the production.

What is the time limit for making a claim for the PSTC?

The claim form (T1197), accreditation certificate and T2 must be filed with the Canada Revenue Agency (CRA) within 36 months of the end of the tax year in which the PSTC is being claimed. Late filed claims will not be processed by CRA.

What form do I use to claim the PSTC?

Please use claim form T1197.

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Who administers the PSTC?

British Columbia Film processes the applications for accreditation certificates. The certifying authority is the Minister of Tourism, Culture and the Arts, who will determine eligibility for the certificate.

The Canada Revenue Agency (CRA) reviews and audits claims and issues refund cheques where appropriate. If a corporation disagrees with the amount of credit assessed by the CRA, a Notice of Objection should be filed with the CRA within 90 days of the date of the Notice of Assessment.

For more information concerning eligibility, applications and certificates, please contact British Columbia Film at:

Telephone: 604-736-7997
Fax: 604-736-7290

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What does the change in the definition of BC–based individual mean?

The definition of BC–based individual has been changed for productions with principal photography beginning after February 19, 2008. This change may now permit individuals who were not resident in British Columbia in the year prior to the start of principal photography to still have their salary and wages eligible for the production services tax credits. The revised definition is based on the individual's residency on December 31st of the year preceding the end of the tax year for which a tax credit is being claimed.

Production corporations are still required to gather documentation to support the residency of an individual whose labour is being claimed. In cases where the production is completed in one calendar year and the tax year end falls in the following calendar year, production corporations are not required to gather information from individuals who may no longer be employed with them. Supporting information provided at the start of the production is acceptable in these cases, provided that after reasonable enquiry, the production corporation has no reason to believe the residency status of the individual has changed at the end of the production or calendar year. For example, if a production corporation mails a T4 to an address outside of BC or assists the individual in obtaining a temporary work permit in British Columbia, this would suggest that the individual may be a non BC–based individual for the purposes of the film tax credit claim for that taxation year.

Example: A production starts principal photography in April 2008 and wraps production in November 2008. The production corporation's fiscal year end is March 31, 2009. BC-based individual would be determined based on residency on December 31, 2008. However, as this date is after the date the production has wrapped, the corporation should obtain residency information at the start of or during the production. The corporation is not required to track residency of their employees or contractors after the completion of the production for the purposes of the British Columbia film tax credit programs. In this example, the individual's residency as of December 31, 2007 would apply for existing residents of British Columbia. In addition, in this example, if an individual moves to British Columbia in 2008 and remains a resident of British Columbia as of December 31, 2008, their labour would qualify for the British Columbia film tax credit programs.

The proof of residency commonly gathered will continue to qualify under the revised rules i.e. resident in British Columbia on December 31st in the year prior to principal photography start date. For productions with tax years that straddle December 31st, a corporation would be looking at residency of the individuals for the calendar year prior to the fiscal year they are making their claim. This could mean for multi-year productions, the individual's residency could be determined in the year prior to principal photography start date or it could be determined as of December 31st of the first or second calendar years after principal photography started. For multi-year productions, a corporation is not require to continue gathering supporting documentation on the same individuals for each calendar year, if it has no reason to believe the individual's residency status has changed for any of the years.

If an individual moves to British Columbia in the year, their labour would become eligible for the following fiscal year's claim i.e. an individual moves to British Columbia in 2008, the production corporation can claim their labour for the 2009 and subsequent fiscal year claims.


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Does 3D or stereoscopic filming qualify for the Digital Animation or Visual Effects (DAVE) tax credit?

The 3D filming process involves two cameras set together filming a scene simultaneously. For example, one camera can be set horizontally to film the scene, similar to the regular filming process and a second camera can be set vertically to film the same scene which is being reflected off a mirror placed above the horizontal camera. Normally one camera is stationary and the second camera can be adjusted from side to side or up and down to capture the shot required. There are various different adjustments that can be made by the camera operators during the filming to capture the images desired i.e. zooming in or out or side to side, focussing on specific images etc. The two cameras are digital cameras and feed the digital images to storage media or to computers. The digital images captured from both cameras are then manipulated with the use of specialized computer programs to create the 3D effect that is desired. These manipulations include combining the two shots for alignment, depth perception adjustments, various convergence adjustments, vertical correction, flare reduction, rotoscoping and other visual effects functions.

3D or stereoscopic filming may be eligible for the DAVE tax credit, provided the shots are manipulated after shooting for depth perception and other visual effect properties. The wages, salaries and remuneration paid to BC-based individuals performing the 3D filming and associated post-production functions may qualify as BC labour expenditures for the purposes of calculating the DAVE tax credit. Please note, only the individuals using digital technology for the 3D filming process will qualify for the "digital" component of the credit for the purposes of determining primarily digital. The fact that a production is shot entirely using 3D or stereoscopic processes does not make the production automatically 100% DAVE eligible. The primarily digital determination must be performed to determine the amount of DAVE eligible activities for the production.


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What are considered allowable producer fees?

Please refer to CRA’s Application Policy FAS 2009-01, which provides detailed information on allowable producer fees for the purposes of the federal and British Columbia film tax credits.


Are kit rentals considered eligible labour expenditures for the film tax credit programs?

The BC film tax credit programs are calculated based on labour expenditures made to BC-based individuals. The kit rental charges are not direct labour expenditures as they are paid for the rental of the equipment or tools and not for the individual’s labour. Therefore, under the BC Act, these amounts are not eligible to be included in the calculations for eligible labour expenditures.

However, if the kit rental is paid to an employee and is included as a taxable benefit to the employee on their T4 and the relevant source deductions have been taken, kit rentals will be allowed to be included as an eligible labour expenditure. CRA’s Application Policy FIS 2006-01 provides further information on the inclusion of taxable benefits as labour expenditures.

If an individual is being paid as a contractor, the kit rentals are not permitted as eligible labour expenditures.


 
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