Film meaning

Sword Services Ltd and others v Revenue and Customs Commissioners What was this case about? The taxpayers brought a judicial review to contest payment notices (PPNs) issued by HMRC to members (ie partners) of several film production partnerships, seeking to have those notices quashed. PPNs are a form of accelerated payment notice (APN) given to partnership members. As with an APN, a PPN requires tax to be paid upfront while HMRC’s enquiries into the relevant arrangements are concluded. For more on the accelerated payments regime, see Practice Note: Accelerated payment notices. The taxpayers argued that the PPNs were unlawful on two bases: They were issued to members of a limited liability partnership (LLP), but schedule 32 to the FA 2014 (the PPN legislation) does not, in the taxpayers’ view, authorise HMRC to issue PPNs to LLP members; it applies only to other forms of partnership, such as general or limited partnerships. Condition A, one of the statutory requirements that must be met before...

In this issue: Companies and corporation tax Stamp taxes VAT Individuals and income tax Taxes management and litigation Employment taxes Budget and Finance Bills Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Companies and corporation tax Court of Appeal decides interest on intra-group loans not restricted under transfer pricing rules but debits disallowed under unallowable purpose rule (BlackRock Holdco 5, LLC v HMRC) BlackRock Holdco 5, LLC v HMRC [2024] EWCA Civ 330 considers whether, for UK tax purposes, interest on intra‑group borrowing put in place to help fund a commercial acquisition is deductible. Two principal points were before the Court of Appeal: the transfer pricing analysis and the loan relationships unallowable purpose question. On the transfer pricing limb, the Court of Appeal allowed the taxpayer’s appeal. As a result, deductions for interest on the intra‑group loans were not curtailed by the transfer...

Nigel Barklem v HMRC [2024] EWHC 651 (Ch) Film 2K incurred substantial tax losses in the 1999–2000 and 2000–2001 tax years (the Relevant Years). These were presented as trading losses and allocated among the partners in line with TMA 1970, s 12AA. For those years, the Claimant submitted self-assessment returns claiming sideways relief for his share of the partnership losses pursuant to what were then sections 380–381 ICTA 1988. To obtain such relief, ICTA 1988, s 381(4) required that Film 2K’s activities amounted to a trade conducted on a commercial footing, with profits that could reasonably be expected to be realised. HMRC opened enquiries into Film 2K’s partnership returns for each of the Relevant Years within time. It also told the Claimant that enquiring into the partnership return triggered deemed enquiries into his personal return under TMA 1970, s 28B(4). Under that provision, if the partnership return is amended, HMRC may amend each partner’s self-assessment to make matching adjustments giving effect to the partnership amendments, issuing Section 28(4) Notices....

What is a television format? A television format is the blueprint or underlying premise for a television programme or a series of programmes, expressed in a distinct manner and usually built around signature elements (for example, music, branding, or a specific setting) that are replicated in each episode. Within the unscripted arena, game show formats are especially prevalent, while partially scripted reality series such as ‘Love Island’ and ‘Big Brother’ demonstrate how successful formats can be exploited in the UK and also tailored for use in international markets. ‘Downton Abbey’ exemplifies a successful scripted series, founded on an original format developed by Julian Fellowes. Fresh television formats can also arise where the characters, plots, and environments of an existing work are transformed so extensively that a new, original format is created. Notable instances include the US series ‘Elementary’ and the UK’s ‘Sherlock’, both of which diverge substantially from Arthur Conan Doyle’s Sherlock Holmes. Format rights carry significant commercial and creative importance in the UK and abroad and can...

Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...

This Practice Note offers guidance on the Media Act 2024 (MA 2024), enacted to modernise the regulation of public service broadcasters (PSBs) in light of smart TV technologies and the expansion of video-on-demand (VoD). It outlines the principal legislative measures and evaluates what they mean for businesses. It further highlights the consequences for the regulator, Ofcom, arising from the broader powers granted to it under the Act. Background to MA 2024 In April 2022, a White Paper titled Up next—the government’s vision for the broadcasting sector (the White Paper) was laid before Parliament by the then Secretary of State for Digital, Culture, Media and Sport (DCMS). On the same day, the government issued its response to the Digital Radio and Audio Review. Commissioned in 2020, the Digital Radio and Audio Review examined the regulatory framework for radio and audio and produced recommendations in light of altered listening patterns, with most radio consumption now occurring via digital platforms. The White Paper set out a series of legislative reforms intended...

From: [ insert name of production company ] at [ insert address ] (the Producer) To: [ insert name ] at [ insert address ] (you) Date: [ date ] Dear [ insert name ] We write to record the agreement between you and the Producer for your services, which will be provided under the terms and conditions detailed below. In this letter, Personal Data refers to any details about a living person that enable identification, whether directly or indirectly, notably by reference to an identifier such as a name, an identification number, location data or an online identifier, or to one or more elements specific to that individual’s physical, physiological, genetic, mental, economic, cultural or social identity. 1 Engagement 1.1 The Producer retains you and, in consideration of the Producer’s undertakings set out in paragraph 3, you agree to supply the Producer with your services as a [ specify capacity ] (Services) in connection with [ insert name of production ] (the...

On [ insert date ], this Agreement is hereby formally entered into by the following named (each a ‘party’ and collectively the ‘parties’): Parties 1 [ insert Company name ], a company duly incorporated in England and Wales whose registered number is [ insert Company number ] and whose registered office is at [ insert registered office ] (the Company); and 2 [ insert Author name ] of [ address ] (the Author). Background (A) The Author owns the worldwide copyright in the literary work issued by [ name ] entitled [ title ] (the Work). (B) The Author has agreed to grant an option and assign to the Company certain rights in and relating to the Work, subject to the conditions and for the consideration stated in this Agreement herein...

This Agreement is entered into on [ date ] Parties [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ] and registered office at [ insert address ] ( Licensor ); [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ], and registered office at [ insert address ] ( Licensee ) (Each of the Licensor and the Licensee is a party and, collectively, the Licensor and the Licensee are the parties.) Background The Licensor is the [ registered ] owner of certain trade marks [ , copyright ] [ and designs ] concerning [ insert character name ], the well-known fictional character[ s ] as appearing in [ insert details of relevant film, cartoon, comic book, computer game etc ]. The Licensee is [ insert background to licence/relevant transaction ]. The Licensor has agreed to grant a...