In order to qualify the production company must either be a charity or a company wholly owned by a charity or local authority. They must contribute to the technical, creative or artistic aspect to the exhibition, be involved with decision-making and directly negotiate contracts and pay for rights, goods and services.
Museums and Galleries Exhibition Tax Relief is not available when:
Although there can only be one primary company for the production of an exhibition in order to qualify, where the exhibition is intended to be touring, one or more secondary production companies may be involved, where it is
Qualifying companies can claim an additional deduction on their Corporation Tax Return which will reduce their profits or increase any loss thereby reducing their Corporation Tax liability. As an alternative they can surrender a loss in return for a repayable tax credit.
The additional deduction will be the lower of:
Essentially, core expenditure is expenditure incurred on pre-production, principal photography and post-production. It excludes expenditure on development, distribution or other nonproduction activities.
If the company is shown to make a loss after applying the additional deduction on it’s Corporation Tax Return, all or part of the loss can be surrendered in return for a repayable tax credit at a rate of 45%.
There is also a higher rate of 50% if your exhibition is touring. Your exhibition will be classed as touring if:
The claim should be made within one year of the company’s filing date and can be amended or withdrawn within that period.
In March 2023, it was announced in the Spring Budget that the higher rates of 45%/50% reliefs will be extended till April 2025 and then tapered down to 30%/35% from April 2025 onwards.
The British Museum puts on an exhibition of Egyptian treasures which it is to showcase at their own site and is not intended to tour any other venues. It generates income of £2.5m in their current financial year and has total costs of £1.5m
Of the £1.5m in costs during the financial year it has qualifying core expenditure of £1.1m(1) .
Of the same £1.5m in costs during the financial year it has qualifying core expenditure of £1.0m(2) which was spent within the UK/EEA regions.
Corporation Tax filing would be as follows if Museums and Galleries Exhibition Tax Relief was not applied:
Income: £2,500,000
Expenditure: £1,500,000
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Profit/Loss: £1,000,000
Corporation Tax Liability: £ 250,000
(£1,000,000 x 25%)
Corporation Tax filing would be as follows if Museums and Galleries Exhibition Tax Relief was applied:
Income: £2,500,000
Expenditure: £1,500,000
Additional Deduction: £ 800,000
(lesser of (1) 80% of £1,10,000 and (2) £1,000,000)
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Profit/Loss: £ 200,000
Corporation Tax Liability: £ 50,000
(£200,000 x 25%)
Should the orchestra production company apply Museums and Galleries Exhibition Tax Relief, instead of the company paying a Corporation Tax bill of £250,000 it would only pay £50,000, saving themselves £200,000 which they could potentially invest in other projects.
If you or your organisation have a potential claim for tax relief, or would like further information about the process you can get in touch with us to arrange a no obligation meeting either by phone or in person.
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