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Budget 2005: New tax treatment for film copyright.
NEW TAX TREATMENT FOR FILM COPYRIGHT
The Australian Government will amend the capital allowance treatment of film copyright that does not currently qualify for concessional treatment under Divisions 10B and 10BA of the Income Tax Assessment Act 1936. Films may not qualify for concessional treatment because they lack sufficient Australian content. This would include films made overseas by Australian taxpayers. Under the change, film copyright will now be included in the effective life depreciation regime.
Under the current law, capital expenditure on qualifying Australian films attracts an immediate tax deduction under Division 10BA, or a two year write-off under Division 10B. Currently film copyright more generally is depreciated either over 25 years or over the remaining life of the copyright, whichever is less. This does not reflect the true economic life of films.
By bringing film copyright under the effective life depreciation regime, the Commissioner of Taxation may make a determination specifying a ‘safe harbour’ effective life. Further, taxpayers may choose to self-assess the effective life or choose the Commissioner’s safe harbour effective life determination. The change will apply to expenditure on film copyright taken out on or after 1 July 2004.
The Commissioner is expected to make an effective life determination shortly after legislation to implement the measure has been enacted.
CANBERRA 10 May 2005
© Commonwealth of Australia 2000