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Film partnership leasing avoidance

As announced on 13 November 2008, the Government has outlined details of the action taken to counter avoidance of taxation by film leasing partnerships.

Under standard arrangements, films are acquired or produced and leased over a period of up to 15 years to a company which would commercially exploit the film. The partners claim accelerated allowances and are taxed on the lease rentals, so the effect is to permit partners to defer their tax liability.

The new anti avoidance rules are aimed at arrangements under which the existing leases are replaced with new leases designed to qualify as long funding finance leases of plant and machinery. The effect was to replace taxable income with income that was largely tax free.

The new rules provide that rentals are taxable in full to the extent that they are payable after 13 November 2008 and relate to periods after that date.

These provisions should not affect the current scheme.

Our view
The new rules are a not unexpected response to a tax avoidance arrangement.