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The application process allows for a two-stage approach. Before an application will be accepted, certain basic information necessary for the Department of Arts, Culture and the Gaeltacht ("the Department") to assess the project must be provided. Where, in relation to certain items there are particular difficulties for an applicant, the Department may, at its discretion, proceed to process an application pending receipt of information not yet available. However, an application will not be processed to finality until all the required supporting documentation as follows has been provided. At any stage during examination of an application, the Department may invite applicants to a meeting to discuss the project in more detail. Each document should be labelled clearly, numbered in accordance with the layout below.

*N.B. Throughout this note the term "Irish" is to be understood as meaning, in relation to direct employment, domiciled, resident or ordinarily resident in the State, and in relation to expenditure on goods and services, as meaning expenditure on goods and services provided by Irish resident or domiciled companies and individuals.

(1) a concise statement on the contribution (if any) which the project would make to the creation of an indigenous film industry and to the promotion, development and enhancement of the national culture through the medium of film;

(2) a copy of the Memorandum and Articles of Association of the qualifying company. (It should be noted in this regard that one of the Objects contained in the Memorandum of association must be the production of a qualifying film or qualifying films as defined in Section 481 (1) of the Taxes Consolidation Act, 1997, Relief for Investment in Films. (In November 1997, Section 35 of the Finance Act, 1987, as amended, was consolidation in the Taxes Consolidation Act, 1997.)

(3) the budget, for the purposes of Section 481, must not contain any provision for legal or other costs of raising Section 481 investments, costs of retention of copyright or distribution rights or territories or any other costs which are not costs of the production of the proposed film. A statement that no such costs are included in the film. A statement that no such costs are included in the budget is required.

(4) synopsis of film (maximum 1 sheet of A4);

(5) completed screenplay or sample television scripts;

(6) detailed Production Budget (Top Copy and Breakdown) and Production Schedule, to include statements giving totals and breakdowns of:-

(a) the total amount of the film's budget to be expended in the State;

and

(b) the amount of the film's budget to be spent on *Irish employment and *Irish goods and services.

(7) documentary evidence of ownership of rights to include each of the following:-

(a) option agreement(s)

(b) screenplay/writer's agreement(s);

(8) track record of applicant - CV's on Producer/director and writer with particular emphasis on production team's previous work (where applicable);

(9) outline notes on intended cast and crew;

(10) outline financing plan covering each non-section 481 source of funding, presales agreed and expected and a concise explanation of the role of co-producers and other parties in the financing of the project (to be accompanied by letters of intent/commitment where applicable);

(11) proposal addressing how the Qualifying Company intends to meet the Certification guidelines so that the Department can assess the amount and breakdown by function of employment in the project, including:-

(a) breakdown by function of person-hours involved in the production

(i) within and

(ii) outside the State

and as between

(i) * Irish employees; and

(ii) others;

(b) statement of the numbers of individuals to be employed, job title and duration of employment per person in weeks, broken down into

(i) *Irish employees; and

(ii) others

giving the provision in the budget for each employee

(c) a summary list of Heads of Department identifying positions to be filled by *Irish personnel and by others.

N.B. A table giving a suggested format for providing the information referred to at (a) and (b) above is appended to the end of this note.

(12) particulars of renumerated trainees it is proposed to employ in the project giving the position they will occupy; (these should of course also be included in the information referred to in (10) above)

(13) full disclosure of any other funding agencies/investors/broadcasters distributors involved with the development and production of the project.

Ideally at the outset the application for certification should also include the following more detailed information. It is recognised, however, that much of the following information may still be at various stages of negotiation or discussion. Accordingly the material set out in points (1) to (13) will be sufficient to put the application process in train. On receipt of this preliminary information the Department may invite the applicant to a meeting. In order for an application to be processed to finality (if a refusal of certification has not already been issued on the basis of information supplied), the information set out in points 13 to 20 below together with such material and explanations as the Department may seek) will be required.

(14) Production/Co-Production agreement(s) between the qualifying company and any other body/person outlined and defining the role of the qualifying company in terms of creative input, production management, financial and legal structures, participation in the proceeds and nominated producer for the project;

(15) full disclosure of all production investments/loans/grants/sales/pre-sales/licence fees etc. in relation to the financing of the film. This information should include:-

(a) copies of and explanations of all the contracts, relating to the financing of the project, including the Production/Financing/Distribution Agreement.

(b) all investment prospectuses, documentation and literature.

(c) a concise summary/diagram which outlines the financial structure of the project.

(16) Completion Bond Contract (if applicable);

(17) any other matter (including information on contracts or agreements under discussion but not yet concluded) which has a material bearing on the project/application.

(18) Cast and Crew List;

(19) Update on the number and breakdown of person-hours involved in the Production of the film within and outside the State;

(20) Updated versions (where applicable) of all other material/information already submitted including explanation of changes.



    Important Note

Please note that copies of all of the items covered in the italicised text above (point 13 to 16) must be sent also to the Revenue Commissioners to enable them to determine that the documentation referred to in points 11 to 14 do not contravene the risk provision of Section 481 of the Taxes Consolidation Act, 1997, Relief for Investment in Films. (In November 1997, Section 35 of the Finance Act, 1987, as amended, was consolidation in the Taxes Consolidation Act, 1997.)



THIS INFORMATION SHOULD BE TREATED AS AN INFORMATION GUIDE TO TAX INCENTIVES AVAILABLE IN THE REPUBLIC OF IRELAND NOT AS A DEFINITIVE LEGAL DOCUMENT. ALTHOUGH EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION CONTAINED HERE IS CORRECT AND UP-TO-DATE, IFTN CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMMISSIONS WHICH MAY CCCUR.

LEGISLATIVE PROVISIONS ARE CONTAINED IN SECTION 481 OF THE TAXES CONSOLIDATION ACT 1997, RELIEF FOR INVESTMENT IN FILMS AND ARE AVAILABLE FROM: THE GOVERNMENT PUBLICATIONS OFFICE, MOLESWORTH STREET, DUBLIN. (TEL: 353 1 661 3111 FAX: 353 1 475 2760) AND THESE SHOULD BE CONSULTED BY ANY COMPANY/INDIVIDUAL WISHING TO MAKE A FILM INVESTMENT UNDER THE PROVISIONS OF THE ACT. PROFESSIONAL ADVICE SHOULD BE SOUGHT IN ALL CASES

 
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