487A Relief for expenditure on unscripted production

Summary

Section 487A was inserted by Finance Act 2024 (No. 43 of 2024) into Chapter 3 of Part 15 of the Taxes Consolidation Act 1997. It provides a corporation tax incentive for certain expenditure on unscripted production. The incentive is available to producer companies and will require certification by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media subject to meeting a culture test.

Relief will be available for qualifying expenditure on an unscripted programme and will be calculated at the rate of 20% on lowest of (a) the eligible expenditure amount, (b) 80 per cent of the total cost of production, and (c) €15,000,000.

The eligible expenditure in respect of a completed programme must not be less than €125,000 and the qualifying expenditure must be greater than €250,000.

The incentive will be available as a payable credit that may be paid directly or used as an offset against Corporation Tax liabilities.

Details

Definitions

(1) “accessibility services” mean services that facilitate persons with a disability to enjoy an eligible unscripted programme;

“broadcast” and “broadcaster” have the same meanings as in section 481;

“cost of on-screen services” means amounts, excluding travel and subsistence expenses, paid or incurred under a contract in respect of the provision of on-screen services;

“creative role”, in relation to the unscripted programme production, means the director, the production designer, or any other similar creative role that may be specified in regulations;

“date of completion”, in relation to a qualifying unscripted programme, means either the date on which the programme is broadcast or made available on the internet, or the date on which the programme has been delivered to and accepted by the undertaking that commissioned it, whichever is earlier, and in the case of a season of a series, this will be the date on which the last episode is broadcast or delivered and accepted;

“director” takes its meaning from section 433(4);

“EEA Agreement.” means the 1992 Agreement on the European Economic Area, as amended;

“EEA state” means any state, other than Ireland, which is a contracting party to the EEA Agreement;

“eligible expenditure” means the part of the total cost of production of an unscripted programme spent on the production of the programme in Ireland, as determined in accordance with regulations, directly by the producer company on the employment of individuals, in the production of the unscripted programme, and directly or indirectly by the producer company on the provision of certain goods, services and facilities;

“eligible individual” means an individual employed by a producer company for the purposes of the production of a qualifying unscripted programme;

“eligible unscripted programme”, for an unscripted programme to be eligible for the credit, it must be (a) produced on a commercial basis, (b) for exhibition to the public by means of broadcast or on the internet, (c) not produced as part of a promotional campaign or advertising, (d) in the case of a licensed format, a season of the series where no other season of that format has been certified in the 12 months preceding the application for an interim certificate, and (e) not be certified as a qualifying film under section 481;

“final certificate” is as set out in subsection (9);

“interim certificate” is as set out in subsection (4);

“interim unscripted programme” is an unscripted programme that has received an interim certificate but no final certificate has been issued;

“interim unscripted production corporation tax credit”, for a certified unscripted programme yet to be completed, is calculated by the amount incurred in the accounting period of the producer company equal to 20 per cent of the lowest of—

• the eligible expenditure amount,
• 80 per cent of the total cost of production spent in that period, and
• €15,000,000;

“licensed format” means, in relation to a series, where the original concept and branding of the series are set out in a specified format and the rights to produce the series in that format can be acquired through a licence, and references to a format that can be licensed shall be understood in this context;

“Minister” means the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media;

“on-screen services’ means services (other than accessibility services) provided by an individual for the purpose of the production of an eligible unscripted programme where it is reasonable to consider that the individual could appear on-screen in the eligible unscripted programme in the course of providing those services;

“producer company” means a company that meets the following requirements:

1. it is resident in the State, or in an EEA state,
2. it carries on a trade of producing unscripted programmes on a commercial basis for profit,
3. it is not a company, nor is connected either to a company that is a broadcaster, or one whose business consists wholly or mainly of transmitting films or programmes on the internet,
   and
4. it is not, nor is it part of, an undertaking which would be regarded as an undertaking in difficulty;

“qualifying expenditure” is the expenditure, excluding the cost of on-screen services, as determined in regulations, that is incurred by the producer company on the production of the unscripted programme;

“qualifying unscripted programme” means a completed unscripted programme which has received a final certificate from the Minister;

“Rescuing and Restructuring Guidelines” means the Communication from the Commission on Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty;

“season” is a set of episodes of a series which are commissioned together under one agreement to be shown or broadcast over a 12 month period;

“series” means an unscripted programme consisting of multiple episodes with a common title produced in a format that can be licensed;

“total cost of production” means the qualifying expenditure that was wholly, exclusively and necessarily incurred to produce the programme;

“travel” means travel by car, motorcycle, taxi, bus, rail, boat or aircraft;

“travel and subsistence expenses” means the amount of a payment made by a producer company in respect of expenses for travel and subsistence that does not exceed the upper rate or rates laid down by the Minister for Public Expenditure, National Development Plan Delivery and Reform in relation travel and subsistence expenses of civil servants;

“undertaking” means the relevant economic unit that would be regarded as an undertaking for the purposes of the Rescuing and Restructuring Guidelines;

“undertaking in difficulty” shall be construed in accordance with section 2.2 of the Rescuing and Restructuring Guidelines;

“unscripted production corporation tax credit”, in relation to a qualifying unscripted programme, means an amount equal to 20 per cent of the lowest of the following:

• the eligible expenditure amount,
• 80 per cent of the total cost of production of the unscripted programme, and
• €15,000,000;

“unscripted programme” means a non-fiction audiovisual work which may be either a single programme or a season, and which is within the type of programmes specified as eligible for certification in regulations;

“valid claim” means a claim in relation to an interim unscripted production corporation tax credit or an unscripted production corporation tax credit is one which is made under and in accordance with section 487A, and in respect of which all information which the Revenue Commissioners may reasonably require to enable them to determine if, and to what extent, the credit is due to a producer company in respect of an accounting period, has been provided by that company.

Application for certification

Interim certification

(2) A producer company may apply to the Minister for an interim certificate in relation to an unscripted programme to be produced, and a final certificate in the case of an unscripted programme that is produced and completed.

(3) An application for either an interim or final certificate will be in the form approved by the Minister and shall contain such information as specified in regulations.

(4) Where an application is made for an unscripted programme to be made, the Minister may, subject to considering the matters outlined in subsection (5), issue an interim certificate, stating the named programme can be treated as an interim unscripted programme and the date on which the certificate will expire.

(5) The Minister shall consider the following in deciding whether to issue an interim certificate:

• (5)(a) the timing of the application in relation to commencement of work on the Irish production,
• (5)(b) whether the programme is within the categories of eligible unscripted programme as set out in regulations,
• (5)(c) whether the programme set out in the application is likely to meet the definition of an eligible unscripted programme when completed,
• (5)(d) the contribution the production of the unscripted programme is expected to make to the promotion and expression of Irish or European culture by reference to the following considerations:
1. the cultural content of the programme including its setting, themes, performers and participants, subject matter and language, in particular the Irish language;
2. the cultural creativity in the programme including innovative portrayal of Irish culture, the use of a format or concept developed in the State, having people in creative roles who are Irish or EEA nationals, or ordinarily resident in Ireland or the EEA, and the use of materials such as music or a script created in Ireland or created by Irish or EEA nationals, or individuals ordinarily resident in, the State or an EEA state;
3. the contribution of the programme to developing a concentration of cultural activity through the proportion of creative work carried out in the State, the number of key production positions and the proportion of the members of the production team on the programme occupied by nationals of, or people ordinarily resident in, the State or another EEA state;
4. the cultural contribution the programme may have, including the educational content of programmes aimed at children, the inclusion of themes relating to diversity and equality, promoting the protection and restoration of Irish or European ecosystems, and raising awareness of increasing environmental sustainability and minimising climate change.

(6) Where the Minister issues an interim certificate, they shall specify in that certificate such conditions, as may be considered proper, including conditions in relation to:

• (6)(a) the employment-related responsibilities of the producer company on the production,
• (6)(b) the employment of personnel, including trainees, (other than the producer) for the production,
• (6)(c) in respect of the maximum aid intensity allowable as set out in the Cinema Communication (Communication from the Commission (2013/C 332/01)), and
• (6)(d) the nature and detail of acknowledgement in relation to the tax credit that must be included in the opening titles or closing credits of the unscripted programme.

(7) The Minister can amend or revoke any condition specified in an interim certificate, or add to such conditions, by giving notice in writing to the producer company concerned and this will apply as if the condition amended or added by the notice was specified in the interim certificate, or as if a condition revoked was not specified in the interim certificate.

(8) When an interim certificate expires, the interim certificate shall cease to have effect and is treated as never having had effect unless an application is made to the Minister prior to the expiry date for a final certificate, and following consideration of that application, a final certificate is issued by the Minister.

Application by a producer company for final certification

(9) Where a producer company has made an application for a final certificate for a completed programme, and the Minister is satisfied that the completed unscripted programme is an eligible unscripted programme, subject to subsection (10), he or she may issue a final certificate to the producer company stating that the programme is to be treated as a qualifying unscripted programme.

(10) The Minister, when considering whether to issue a final certificate shall have regard, to the contribution the programme makes to the promotion and expression of Irish or European culture, by reference to the matters referred to in subparagraphs (i) to (iv) of subsection (5)(d), and whether the conditions specified in the interim certificate have been satisfied.

(11) The Minister when issuing a final certificate, and having considered the matters in subsection (10), shall specify such conditions in the final certificate, as he or she may consider proper, including in relation to—

• (11)(a) the employment-related responsibilities of the producer company from the production of the programme,
• (11)(b) in respect of the maximum aid intensity allowable as set out in the Cinema Communication, and
• (11)(c) the nature and detail of acknowledgement in relation to the tax credit that must be included in the opening titles or closing credits of the unscripted programme.

(12) The Minister can amend or revoke any condition specified in a final certificate, or add to such conditions, by giving notice in writing to the producer company concerned and this will apply as if the condition amended, or added by the notice was specified in the final certificate, or as if a condition revoked was not specified in the final certificate.

Exclusion of multiple companies per unscripted programme

(13) Where a producer company has received an interim certificate or a final certificate for an unscripted programme, no other company may subsequently be regarded as the producer company in relation to that programme for the purposes of this section.

Conditions in relation to producer companies

(14) A producer company shall not make a claim for an interim unscripted production corporation tax credit or an unscripted production corporation tax credit where any of the following circumstances apply—

• (14)(a) Where the producer company has not been issued with either an interim certificate, with respect to interim claims made under subsection (21), or a final certificate with respect to final claims under subsection (22), in relation to the unscripted programme concerned,
• (14)(b) Where, in relation to interim claims under subsection (21), the interim certificate has expired,
• (14)(c) Where the producer company, any company controlled by the producer company and any person who is either the beneficial owner of, or able directly or indirectly to control, more than 15 per cent of the ordinary share capital of the producer company, is not in compliance with all of the obligations imposed by the Tax Acts, the Capital Gains Tax Acts or the Value-Added Tax Consolidation Act 2010 in relation to the payments or remittances of taxes, interest or penalties, the delivery of returns, and requests for information from an officer of the Revenue Commissioners,
• (14)(d) Where, in relation to a final claim under subsection (22), the eligible expenditure amount is less than €125,000, the total cost of the production of the project is less than €250,000, or the tax return in which the claim is made is for an accounting period of less than 12 months, or where it and the previous accounting period when combined are less than 12 months,
• (14)(e) Where the producer company is an undertaking in difficulty,
• (14)(f) Where any company in an undertaking of which the producer company is part is subject to an outstanding recovery order following a previous decision of the European Commission that declared an aid illegal and incompatible with the internal market,
• (14)(g) Where the producer company is resident in an EEA state and does not carry on business in the State through a branch or agency, or
• (14)(h) Where the producer company has been carrying on the trade of producing unscripted programmes for a period of less than 12 months prior to making a claim.

(15) A producer company shall not make a claim for an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22) where any of the following circumstances apply.

• (15)(a) Where there is no commercial rationale for the corporate structure of the producer company for any or all of the production, financing, distribution or sale of the unscripted programme.
• (15)(b) If the corporate structure of the producer company would hinder the Revenue Commissioners in verifying compliance with any of the provisions governing the relief, or
• (15)(c) If the producer company does not have such information and records available prior to making a claim, that may be required by the Revenue Commissioners to determine whether that claim complies with this section.

Expenditure which may not be included in a claim

(16) A claim by a producer company for an interim unscripted production corporation tax credit under subsection (21) or an unscripted production corporation tax credit under subsection (22) shall not include expenditure—

• (16)(a) where it would be reasonable to consider that the amount of such expenditure or any particular item of such expenditure has been inflated,
• (16)(b) which the company has already claimed relief under Part 29 – Research and Development,
• (16)(c) where the expenditure relates to an item of capital expenditure, incurred by any company on the production of an unscripted programme, in respect of which relief was previously claimed under this section,
• (16)(d) where the company has claimed relief under section 481 in respect of the expenditure, or
• (16)(e) where that expenditure has been or is to be met directly or indirectly by grant assistance or any other assistance which is granted by or through—
1. the State or another European Member State,
2. any board established by statute, any public or local authority or any other agency of the State or another Member State or an institution, office, agency or other body of the European Union, or
3. a state, other than the State or another European Member State, and any board, authority, institution, office, agency or other body in such state.

Consultation by the Revenue Commissioners with other persons

(17) The Revenue Commissioners may, when carrying out their functions under this section:

• (17)(a) consult with any person, agency or body of persons, that may be of assistance to them,
• (17)(b) disclose any detail in an application or claim of a producer company under this section which they consider necessary for such a consultation, and
• (17)(c) where they have reason to believe that financial arrangements have been entered into in contravention of subsection (18)(a), seek any information they consider appropriate in relation to those arrangements or in relation to any persons who are a party to the arrangements.

Circumstances in which a company will not be regarded as a producer company

(18) A company shall not be regarded as a producer company in respect of an unscripted programme for the purposes of this section in the following circumstances:

• In cases where the company enters into financial arrangements in relation to the unscripted programme which are:
1. (18)(a) financial arrangements of any type with a person resident, registered or operating in a territory other than an EEA state or a territory with which double taxation arrangements having the force of law by virtue of section 826(1) have been made,
   or
2. financial arrangements under which funds are channelled, directly or indirectly, to, or through, a territory other than a territory referred to in subparagraph (i), other than where:
• those arrangements relate to the production of part of the interim or qualifying unscripted programme in a territory other than a territory referred to in subparagraph (i),
• the producer company has sufficient records to enable the Revenue Commissioners to verify, in the case of the production of an interim or qualifying unscripted programme in such a territory, the amount of each item of expenditure on the production expended in the territory, whether expended by the producer company or by any other person, and
• the producer company has such records in place to substantiate such expenditure in advance of making a claim for the unscripted production corporation tax credit,
• (18)(b) A company will not be regarded as a producer company for the purposes of the credit unless when requested to do so by the Revenue Commissioners, it provides evidence to vouch each item of expenditure on the production of the unscripted programme, whether in the State or elsewhere, for the purposes of verifying compliance with the provisions governing the relief. This requirement applies whether expenditure is by the company or by any other person engaged, directly or indirectly, by the company to provide goods, services or facilities in relation to the programme. In particular the evidence provided must include:
1. records required to be kept or retained by the producer company by virtue of section 886, and
2. records, relating to the production of the unscripted programme, required to be kept or retained by that other person by virtue of section 886, or which would be so required if that other person were subject to the provisions of that section,
• (18)(c) In relation to a final claim on an unscripted programme, if the company fails to provide a copy of the unscripted programme if requested by the Revenue Commissioners, for the purposes of verifying compliance with the provisions of the relief or any condition in the final certificate,
• (18)(d) Where the company fails to both notify the Minister in writing of the date of completion of the programme, and provide to the Minister a copy of the completed programme (in the format set out in the regulations) within a period of time which is specified in the regulations,
• (18)(e) Unless the company makes a final claim under subsection (22) and has a compliance report available in the format specified in regulations, prior to making that claim, which provides proof that:
  • the provisions of this section in so far as they apply in relation to the company have been met,
  • any conditions attaching to the interim certificate issued to the company have been fulfilled, and
  • any conditions attaching to the final certificate issued to the company in relation to the qualifying unscripted programme have been fulfilled,
  
  or
• (18)(f) Where the company ceases to carry on the trade of producing unscripted programmes before a date which is 12 months after the date of completion.

Regulations

(19) The Revenue Commissioners shall make regulations, with the consent of the Minister for Finance and the Minister for Tourism Culture Arts Gaeltacht Sport and Media, relating to the administration of the relief and in relation to the matters the Minister for Culture will consider for the purposes of issuing a certificate. These regulations may include the following provisions:

• (19)(a) governing the application to the Minister for interim or final certification, the timing of such applications and the information and documents to be provided by the producer company in or with such applications,
• (19)(b) specifying the period within which a producer company shall notify the Minister of the date of completion of the production of a qualifying unscripted programme,
• (19)(c) specifying the period within which, and the form, number and manner in which, copies of a qualifying unscripted programme shall be provided to the Minister,
• (19)(d) specifying the categories of programmes eligible for certification by the Minister under this section,
• (19)(e) governing the records that a producer company shall maintain or provide to the Revenue Commissioners,
• (19)(f) governing the period for which, and the place at which, such records shall be maintained,
• (19)(g) specifying the format of the compliance report that shall be available in accordance with subsection (18)(e) and its content, the manner in which such report shall be made and verified, and what documents should accompany the report,
• (19)(h) governing the type of expenditure which may be treated as qualifying or eligible expenditure on the production of an interim or a qualifying unscripted programme, including the period within which such expenditure may be incurred or paid,
• (19)(i) governing the provision of the goods, services and facilities referred to in the definition of eligible expenditure, including the place of origin of those goods, services and facilities, the place in which they are provided and the location of the supplier,
• (19)(j) specifying the roles that may be regarded as creative roles for the purposes of an application and certification of, an interim or qualifying unscripted programme,
• (19)(k) specifying the currency exchange rate to be applied to expenditure on the production of an interim or qualifying unscripted programme,
• (19)(l) specifying the criteria to be considered by the Minister in relation to the matters referred to in subsections (5) and (10)—
• in deciding whether to issue an interim or a final certificate, and
• in specifying conditions in such certificate under subsection (6) or (11),
  and the information required for those purposes to be included in the application by a producer company for certification,
• (19)(m) governing the employment of eligible individuals and the circumstances in which expenditure by a producer company would be regarded as expenditure on the employment of those individuals in the production of a qualifying unscripted programme, and
• (19)(n) governing financial arrangements in accordance with subsection (18)(a).

(20) The Revenue Commissioners shall, for the purpose of making regulations under subsection (19), consult with:

• (20)(a) The Minister for Finance and the Minister in relation to the categories of programmes that may be eligible for certification, and have regard to the public interest in deciding categories that may be included and any harm that may result from the broadcast or transmission of particular categories of unscripted programme,
• (20)(b) The Minister for Finance in relation to qualifying expenditure, with particular regard to whether the type of expenditure is directly related to the production of an unscripted programme, and the extent to which the type of expenditure is incurred directly by the producer company on the production,
  and
• (20)(c) The Minister for Finance in relation to the provision of goods services and facilities to the production, about the territorial spending obligations allowed under the Cinema Communication (2013/C 332/01), and the extent to which those goods, services or facilities support the contribution made by the production to the promotion or expression of Irish or European culture.

Making a claim for the interim unscripted production corporation tax credit

(21)(a) Where a producer company has received an interim certificate in relation to a programme and the provisions of section 487A have been complied with, the producer company may make a claim for the interim unscripted production corporation tax credit before the date of completion and once the interim certificate has not expired, and the aggregate of all claims made using the interim certificate does not exceed 20 per cent of €15,000,000.

Timing of a claim for the interim unscripted production corporation tax credit

(21)(b) A claim under this subsection shall be made within 12 months from the end of the accounting period in which the expenditure giving rise to the claim is incurred and shall be made in the return, required under Part 41A, in respect of that accounting period.

Making a claim for the unscripted production corporation tax credit

(22)(a) Where a producer company has received a final certificate in relation to a programme and all the provisions of this section have been complied with, the producer company may make a claim for the unscripted production corporation tax credit less any amount already claimed in relation to the qualifying programme under the interim certificate.

(22)(b) A producer company has until 12 months from the end of the accounting period in which the last of the expenditure giving rise to a claim for the unscripted production corporation tax credit is incurred to make a claim. Where, however, a producer company receives the final cultural certificate in respect of the unscripted programme, which is required prior to making a claim, within the 3 months prior to the expiry of the 12-month period, the company has an extended period to make a claim of 3 months from the date on which the final certificate is issued.

(22)(c) A final claim shall be made within 12 months from the end of the accounting period in which the expenditure giving rise to the claim is incurred and shall be made in the return, required under Part 41A, in respect of that accounting period.

Treatment of the credit as overpayment or payment of the credit to the company

(23) The producer company shall specify in relation to a claim for either the interim unscripted production corporation tax credit or the unscripted production corporation tax credit whether the amount or any portion of the amount of the credit are to be:

• treated as an overpayment of tax, for the purposes of section 960H, or
• paid to the company by the Revenue Commissioners.

(24) Where a producer company has made a claim for either the interim unscripted production corporation tax credit or the unscripted production corporation tax credit, the amount of the credit shall be paid or offset in full by the Revenue Commissioners within 48 months of a valid claim being made.

(25) No amount of interim unscripted production corporation tax credit or unscripted production corporation tax credit shall be paid or offset unless a valid claim has been made.

(26) The Revenue Commissioners may examine a claim subsequent to any payment or offset having been made, and make or amend an assessment, as the case may be, under Chapter 5 of Part 41A.

(27) Neither the interim unscripted production corporation tax credit nor the unscripted production corporation tax credit, if any, will be income of the company or another company for corporation tax purposes.

(28) Any claim for either the interim unscripted production corporation tax credit or the unscripted production corporation tax credit will be treated for the purposes of section 851A and 851B, Chapter 4 of Part 38 and Part 47 as though it was an amount of tax refundable.

(29) Where a company specifies that either the interim unscripted production corporation tax credit or the unscripted production corporation tax credit is to be offset against the company’s corporation tax liability for the accounting period, then this amount may be taken into account for the purposes of calculating preliminary corporation tax.

(30) Where a claim for the interim unscripted production corporation tax credit or the unscripted production tax credit has been made and an amount has not yet been paid out by Revenue, the amount for the purposes of section 1077F (the section providing for penalties for deliberately or carelessly making incorrect returns, failing to make certain returns, etc.) which will attract a penalty, will be the amount so claimed and not yet paid out.

(31)(a) Where the Revenue Commissioners have paid an amount in respect of a claim for the interim unscripted production corporation tax credit or the unscripted production corporation tax credit, and it is subsequently found that the claim is not as authorised by this section, then the company, any director of the company, or the majority shareholders of the company shall be liable to tax in an amount equal to 4 times, in the case of a company, or one hundred fortieths in the case of an individual, of the amount of the interim unscripted production corporation tax credit or the unscripted production corporation tax credit as is not authorised.

(31)(b) Where an amount is charged to tax under the subsection then no loss, deficit, expense or allowance shall be allowed to shelter the liability raised, and the Case IV amount will not form part of the close company surcharge calculations.

(32) The circumstances in which a claim is not authorised shall include any circumstances where the amount was claimed under either or both subsection (21) and subsection (22) or paid or offset under subsection (24). It includes circumstances in which the company made a claim contrary to either or both subsections (21) and (22), or where the producer company fails to satisfy or comply with any condition or obligation under section 487A or regulations, fails to satisfy or comply with any condition or obligation specified in a certificate, or fails to comply with any of the obligations referred to in subsection (14)(c) in relation to tax compliance.

Application of interest on claims that are not authorised

(33) Where a claim is made which is not authorised, and an assessment is made in accordance with subsection 31, the amount charged shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid or offset under section 960H by the Revenue Commissioners.

Publication requirements

(34) Notwithstanding the confidentiality provisions set out in section 851A, the Revenue Commissioners may, when a producer company obtains relief under this section, disclose certain taxpayer information in order to meet State aid transparency requirements. These include:

• the name of the company;
• the name of the unscripted programme;
• the number of the certificate of incorporation of the company;
• the NACE classification code for the principal activity of the company;
• the amount of interim unscripted production corporation tax credit or unscripted production corporation tax credit granted, by reference to ranges set out in the Cinema Communication (2014/C 198/02)1;
• the size of the company by reference to the categories of enterprise referred to in Article 2.1 of Annex 1 of the General Block Exemption Regulation;
• the territorial unit, within the meaning of the NUTS Level 2 classification in which the company is located; and
• the date on which the interim unscripted production corporation tax credit or unscripted production corporation tax credit is obtained.

(35) The Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media is deemed to be a service provider with respect to the administration of the credit for the purposes of section 851A.

(36) No amount of credit shall be paid or offset to a producer company by the Revenue Commissioners in respect of an interim or final certificate issued after 31 December 2028.

(37) The passing of regulations and sets out that every regulation made by the Revenue Commissioners under section 487A shall be laid before Dáil Éireann as soon as may be after it is made. This is in line with the customary procedure in relation to the laying of statutory instruments and provides Dáil Éireann with the opportunity to annul the regulations, if it so wishes, within the next 21 days on which Dáil Éireann has sat after the regulations are laid before it.

Relevant Date: Finance Act 2024