Despite sections 376 - 125 and 376 - 130, the following expenditure of a company is not production expenditure of the company on a * film, except to the extent, if any, as mentioned in column 3 of the table:
Expenditure that does not count as production expenditure on a film | ||
Item | This kind of expenditure by the company is not production expenditure ... | except to the extent to which the expenditure is ... |
1 | Financing expenditure expenditure incurred by way of, or in relation to, the financing of the * film (including returns payable on amounts invested in the film and expenditure in relation to raising and servicing finance for the film) | * qualifying Australian production expenditure under item 6 of the table in subsection 376 - 150(1) and paragraph (a) of item 5 of the table in subsection 376 - 170(2) |
2 | Development expenditure * development expenditure on the * film | * qualifying Australian production expenditure under item 1 of the table in subsection 376 - 150(1) |
3 | Copyright acquisition expenditure expenditure incurred in acquiring copyright, or a licence in relation to copyright, in a pre - existing work for use in the * film | * qualifying Australian production expenditure under item 2 of the table in subsection 376 - 150(1) |
4 | General business overheads expenditure incurred to meet the general business overheads of the company that: (a) are not incurred in, or in relation to, the * making of the * film; and (b) are not reasonably attributable to: (i) the use of equipment or other facilities for; or (ii) activities undertaken in; the making of the film | * qualifying Australian production expenditure under item 1 of the table in subsection 376 - 165(1) or item 1 of the table in subsection 376 - 170(2) |
5 | Publicity and promotion expenditure expenditure incurred in publicising or otherwise promoting the * film (including press expenses, still photography, videotapes, public relations and other similar expenses) | * qualifying Australian production expenditure under item 3 or 4 of the table in subsection 376 - 150(1) or item 6 of the table in subsection 376 - 170(2) |
6 | Deferments amounts that are payable only out of the receipts, earnings or profits from the * film |
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7 | amounts that: (a) depend on the receipts, earnings or profits from the * film; or (b) are otherwise dependent on the commercial performance of the film |
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8 | Residuals amounts payable in satisfaction of the residual rights of a person who is a member of the cast | paid out by the company before the * film is * completed |
9 | Advances amounts paid by way of advance on a payment to which item 6, 7 or 8 applies to the extent to which it may become repayable by the person to whom it is paid |
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10 | Acquisition of depreciating asset expenditure to the extent to which it sets, or increases, the * cost of a * depreciating asset This item has effect subject to subsections 376 - 125(6) and (7). | * qualifying Australian production expenditure under item 2 of the table in subsection 376 - 150(1) |
11 | Regulations expenditure specified in regulations |
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