The following will help answer your questions about the production services tax credit (PSTC).
No, only one or the other may be claimed for a single production. Please see the Film and Television Tax Credit for more information.
The production's first ABCLE is incurred | The deadline to file the pre-certification form and be able to claim all ABCLE is | If filed after the deadline |
---|---|---|
On or after February 22, 2022 |
Within 120 days of incurring the first ABCLE |
You cannot claim any ABCLE incurred before the date you submit the pre-certification form. See below for examples. This may reduce the production services tax credit available to you. |
Between July 1, 2020 and February 21, 2022 |
No deadline. However, you can only claim ABCLE incurred 120 days prior to the pre-certification form submission date. |
You can claim ABCLE incurred up to 120 days prior to the pre-certification form submission date. This means you can claim any ABCLE incurred in the 120 days before the pre-certification filing date and any ABCLE incurred from the pre-certification filing date onwards, but not any ABCLE incurred more than 120 days prior to the pre-certification filing date. See below for examples. This may reduce the production services tax credit available to you. |
Before July 1, 2020 |
No deadline. However, Creative BC requires a pre-certification registration number to process an accreditation certification application. You should file the pre-certification form as soon as possible so the accreditation certificate process won't be delayed. |
N/A |
The production’s first ABCLE is incurred on or after February 22, 2022
Situation: You missed the 120-day pre-certification deadline.
For example:
Since you missed the 120-day pre-certification deadline, you cannot claim any ABCLE incurred from April 1, 2022 to August 30, 2022, which may reduce the production services tax credit available to you. You can only claim any ABCLE incurred from August 31, 2022 onwards.
If your total ABCLE was $700,000, and $200,000 of the ABCLE was incurred between April 1 and August 30, 2022, you can only claim $500,000 of the ABCLE.
The production’s first ABCLE is incurred between July 1, 2020 and February 21, 2022
Situation #1: Your pre-certification form was filed within 120 days after the first ABCLE.
If you filed the pre-certification form within 120 days of the production's first ABCLE, you can claim all ABCLE.
For example:
Since you submitted the pre-certification form within 120 days of the production's first ABCLE, you can claim all ABCLE incurred from April 1, 2021 onwards.
Situation #2: Your pre-certification form was filed more than 120 days after the first ABCLE.
If you filed the pre-certification form more than 120 days after the production's first ABCLE, you can claim the ABCLE incurred in the 120 days before you submitted the pre-certification form and any ABCLE incurred from that date forward. However, you cannot claim ABCLE incurred more than 120 days before you submitted the pre-certification form.
For example:
Count 120 days back from the date you submitted your pre-certification form on August 31, 2021, which is May 3, 2021. You can claim any ABCLE incurred from May 3, 2021 onwards, but not any ABCLE incurred from April 1, 2021 to May 2, 2021 (losing 32 days of labour expenditure), which may reduce the production services tax credit available to you.
If your total ABCLE is $700,000, and $100,000 of the ABCLE was incurred between April 1 and May 2, 2021, you can only claim $600,000 of the ABCLE.
If a production’s eligibility certificate for the film and television tax credit (FTTC) is revoked and you intend to claim the production services tax credit (PSTC), you must file a pre-certification form within 30 days after the date the eligibility certificate was revoked (the revocation date) to claim all ABCLE incurred on the production.
If the pre-certification form is not submitted within 30 days after the revocation date, you can't claim any ABCLE incurred prior to the date the pre-certification form is submitted and the PSTC available to you may be reduced.
If the production’s first ABCLE was incurred before July 1, 2020, there is no deadline to file the pre-certification form and the production company may claim all its ABCLE.
Examples
Example #1:
If you file the pre-certification form within 30 days after the revocation date, you can claim all ABCLE.
Example #2:
If you file the pre-certification form more than 30 days after the revocation date, you can't claim any ABCLE incurred prior to the pre-certification filing date. Therefore, you can't claim any ABCLE from April 1, 2022 to October 31, 2023, which may reduce the PSTC available to you. You can only claim any ABCLE incurred from November 1, 2023 onwards.
Example #3:
The first ABCLE was incurred prior to July 1, 2020, therefore there is no deadline to file a pre-certification form within 30 days after the revocation date. However, you should apply for the accreditation certificate as soon as possible to ensure an accreditation certificate can be issued in time to file a PSTC claim with the CRA.
Creative BC may require 6 months to process certificate applications.
We strongly recommend you submit your accreditation certificate application to Creative BC as early as possible in the pre-production or production stage or at the latest within 12 months of your corporation’s taxation year end.
For applications submitted later, Creative BC cannot guarantee your certificate application will be processed in time for you to file with the CRA before the filing deadline, which may result in denied claims.
For tax years beginning on or after February 19, 2020, you must submit the accreditation certificate with your claim to CRA no later than 18 months after the end of your corporation’s tax year. For tax years beginning before February 19, 2020, you must submit the accreditation certificate with your claim to CRA no later than 36 months after the end of your corporation’s tax year.
Creative BC processes the applications for accreditation certificates.
The Canada Revenue Agency (CRA) reviews and audits claims and issues refund cheques where appropriate. If a corporation disagrees with the amount of credit assessed by the CRA, a Notice of Objection should be filed with the CRA within 90 days of the date of the Notice of Assessment.
For more information concerning eligibility, applications and certificates, please contact Creative BC at:
“From the final script stage” means after the final script has been completed. This is often referred to as the “white draft” of the script. For the B.C. Production Services Tax Credit the eligible stages of production are those stages after the end of the final script stage to the end of the post-production stage.
The definition of B.C.–based individual has been changed for productions with principal photography beginning after February 19, 2008. This change may now permit individuals who were not resident of B.C. in the year prior to the start of principal photography to still have their salary and wages eligible for the film and television tax credits. The revised definition is based on the individual's residency on December 31st of the year preceding the end of the tax year for which a tax credit is being claimed.
Production corporations are still required to gather documentation to support the residency of an individual whose labour is being claimed. In cases where the production is completed in one calendar year and the tax year end falls in the following calendar year, production corporations are not required to gather information from individuals who may no longer be employed with them. Supporting information provided at the start of the production is acceptable in these cases, provided that after reasonable enquiry, the production corporation has no reason to believe the residency status of the individual has changed at the end of the production or calendar year. For example, if a production corporation mails a T4 to an address outside of B.C. or assists the individual in obtaining a temporary work permit in B.C., this would suggest that the individual may be a non B.C.–based individual for the purposes of the film tax credit claim for that taxation year.
Example: A production starts principal photography in April 2008 and wraps production in November 2008. The production corporation's fiscal year end is March 31, 2009. B.C.-based individual would be determined based on residency on December 31, 2008. However, as this date is after the date the production has wrapped, the corporation should obtain residency information at the start of or during the production. The corporation is not required to track residency of their employees or contractors after the completion of the production for the purposes of the B.C. film tax credit programs. In this example, the individual's residency as of December 31, 2007 would apply for existing residents of B.C. In addition, in this example, if an individual moves to B.C. in 2008 and remains a resident of B.C. as of December 31, 2008, their labour would qualify for the B.C. film tax credit programs.
The proof of residency commonly gathered will continue to qualify under the revised rules, for example, resident of B.C. on December 31st in the year prior to principal photography start date. For productions with tax years that straddle December 31st, a corporation would be looking at residency of the individuals for the calendar year prior to the fiscal year they are making their claim. This could mean for multi-year productions, the individual's residency could be determined in the year prior to principal photography start date or it could be determined as of December 31st of the first or second calendar years after principal photography started. For multi-year productions, a corporation is not required to continue gathering supporting documentation on the same individuals for each calendar year, if it has no reason to believe the individual's residency status has changed for any of the years.
If an individual moves to B.C. in the year, their labour would become eligible for the following fiscal year's claim, in other words, an individual moves to B.C. in 2008, the production corporation can claim their labour for the 2009 and subsequent fiscal year claims.
3D or stereoscopic filming or conversion (3D) may be eligible for the DAVE tax credit, provided the shots are manipulated after shooting for depth perception and other visual effect properties. The wages, salaries and remuneration paid to B.C.-based individuals performing the 3D associated post-production functions may qualify as B.C. labour expenditures for the purposes of calculating the DAVE tax credit. However, only the individuals using digital technology for the 3D process will qualify for the "digital" component of the credit for the purposes of determining primarily digital. The fact that a production is made entirely using 3D processes does not make the production automatically 100% DAVE eligible. The primarily digital determination must be performed to determine the amount of DAVE eligible activities for the production.
Please refer to CRA’s Application Policy FAS 2009-01, which provides detailed information on allowable producer fees for the purposes of the federal and B.C. film tax credits.
No, the kit rental charges are not eligible labour expenditures for the film tax credit. The B.C. film tax credit programs are calculated based on labour expenditures made to B.C.-based individuals. The kit rental charges are not direct labour expenditures as they are paid for the rental of the equipment or tools and not for the individual’s labour.
However, if the kit rental is paid to an employee and is included as a taxable benefit to the employee on their T4 and the relevant source deductions have been taken, kit rentals will be allowed to be included as an eligible labour expenditure. The CRA’s Application Policy FIS 2006-01 provides further information on the inclusion of taxable benefits as labour expenditures.
If an individual is being paid as a contractor, the kit rentals are not permitted as eligible labour expenditures.