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Moses Nyachae Saffery Champness Email: [email protected] Tel: 020 7841 4135 UK Video Games Tax Credit

Saffery Champness - Tax Credit

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Page 1: Saffery Champness - Tax Credit

Moses NyachaeSaffery Champness

Email: [email protected]: 020 7841 4135

UK Video Games Tax Credit

Page 2: Saffery Champness - Tax Credit

How do you qualify?• Made by a Video Games Development Company (VGDC)

• Must be intended for supply to the general public

• Pass the cultural points test

• Achieve at least 25% EEA expenditure

Page 3: Saffery Champness - Tax Credit

Cultural Test• 31 point test; pass mark is 16 points• Broken down in to 4 sections• Part A- Cultural Content….where is the story set; where are

the characters from; who wrote the script/underlying material, what language – 16 points available

• Part B - Cultural Contribution…..second chance saloon in case you’re struggling for points in Part A – 4 points available

• Part C – Cultural hubs …..locations where the work is carried out – 3 points available

• Part D – Cultural Practitioners….nationality of the personnel engaged on the show – 8 points available

Page 4: Saffery Champness - Tax Credit

Cultural test – cont’d• Part A made up of 4 subsections• A1- Game setting……4 points if set in Europe; 3 points if

set in undetermined location• A2- nationality of the characters….4 points if the

nationality/residency of the lead characters is European or can not be determined

• A3 – story based on European subject matter/ underlying material….4 points

• A4 – dialogue in the English language…. 4 points

Page 5: Saffery Champness - Tax Credit

The Video Games Development Company (VGDC)• Must fall within UK tax jurisdiction• Must be responsible for designing, producing and testing

the video game• Must be actively engaged in planning and decision-making

during the above process• Directly negotiates, contracts and pays for rights, goods

and services in relation to the video game• Can subcontract work subject to cap of £1m per game

Page 6: Saffery Champness - Tax Credit

Total Cost of Developing the Game

Deductions• Initial concept design costs**• Debugging and maintenance costs

for a completed video game• Financing costs• Marketing/Promotion costs

Core Expenditure

Is EEA spend > 25% of core expenditure?

No

End

Yes

Is EEA Spend > 80% of core expenditure?

YesNo

Tax Credit = 25% EEA spend Tax Credit = 20% of core expenditure

Page 7: Saffery Champness - Tax Credit

80%

20%

100% EEA BudgetAttracts tax credit Does not attract tax credit

• 25% tax credit available only on the first 80%

Page 8: Saffery Champness - Tax Credit

HOW DO YOU OBTAIN THE MONEY?• Need 3 things

– BFI certificate (interim/final)– Statutory accounts– Tax return

• Can make interim claims during development

• BFI turnaround time expected to be approximately 21 days

• HMRC turnaround time expected to be approximately 28 days

Page 9: Saffery Champness - Tax Credit

SEPARATE SPV’S VS. SINGLE VIDEO GAMES COMPANYWhen deciding which of the above 2 options works best for you, factors to consider include the following:-• Cashflow and timing requirements• Financier ring fencing requirements• Accounting, reporting and auditing costs• Dealing with HMRC• Potential residual losses available for group relief

Page 10: Saffery Champness - Tax Credit

OTHER IMPORTANT POINTS• Relates to expenditure incurred on or after 1 April 2014• Video games produced for advertising , promotional or

gambling purposes do not qualify for the tax credit• Video games tax relief not available on expenditure where

R&D expenditure credit has been claimed• Deferred costs are not eligible for the tax credit until they

are paid• Artificially inflated claims may result in severe penalties

imposed by HMRC.

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Conclusion• Compatible with other national incentives

• No cap on funds available

• Nationality of personnel irrelevant provided the production qualifies as British under the Cultural test

• Quick turnaround expected

• Paid direct from UK Government, no middlemen.

• Will be bankable and certain