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Film Entertainment Industry Tax

This article is based on tax law for the year ending 29 February 2024.

1. The Problem / Facts

How does section 12O of the Income Tax Act provide an exemption from normal tax for income derived from the exploitation rights of approved films, and what are the requirements and practical considerations for taxpayers to utilize this exemption?

2. Applicable Law 

Income Tax Act Section 24F (replead), 12O

3. Application of the Law to the Facts

Section 12O of the Income Tax Act 1962 provides for an exemption from normal tax for income derived from the exploitation rights of a film that has been approved by the National Film and Video Foundation as a local production or co-production. This section is still valid and applies to all receipts and accruals of approved films if principal photography commenced on or after 1 January 2012 but before 1 January 2024. To utilise this exemption in practice, the taxpayer must meet the requirements of Section 12O and declare the exempt income in their income tax return. 

The Guide to the Exemption from Normal Tax of Income from Films provides several examples to illustrate the application of the act. Click here to view.


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