Media

Cinema and audiovisual, new tax credit rules ready

The Mic-Mef interministerial decree is about to be issued. No to cascading contracts and to get the tax credit expenses incurred only in Italy

by Andrea Biondi

4' min read

4' min read

Subdivision between works 'on the market' and works benefiting from 'selective contributions' (supporting first and second works, films of particular artistic quality, difficult and recounting events and personalities of our cultural identity) which will follow different procedures to benefit from the tax credit. But also a tightening on the use of artificial intelligence, a ban on cascading contracts, eligible expenses only among those made in Italy, and a strengthening of audits.

The new tax credit for the cinema and audiovisual sector is ready to make its entrance onto the scene after the work, announced a year ago by the Mic undersecretary with responsibility for the audiovisual sector, Lucia Borgonzoni, which was then shared with Minister Gennaro Sangiuliano and carried out by the Mic's General Directorate for Cinema led by Nicola Borrelli. In the next week at the latest, the inter-ministerial decree should be sent to the Mef (it is in agreement) and to Mimit for an opinion. "From that moment on," Undersecretary Borgonzoni explained to Il Sole 24 Ore, "I will become the main stalker of the Mef (laughs, ed.) with the idea of arriving at a start-up, practically, in the summer".

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The list of beneficiaries or those who have applied for production tax credit in recent years is long. A rummage through the Mic database reveals that the largest request at the moment is for Luca Guadagnino's film Memorie da Mexico city (17.8 million), while Saverio Costanzo's Finalmente l'alba has had the largest disbursement so far (9 million). Seasonal successes also made reference to tax credit: Comandante (5.2 million); Io Capitano (3.6 million); C'è ancora domani (3 million).

'I believe we have done a great job, also together with the associations,' Borgonzoni emphasises, 'necessary to correct the various distortions of the mechanism. It will redesign a cinema system that is healthy in a positive way'. The knot of resources remains. The distribution decree indicates 169 million for 2024 between cinema (60 million) and TV and web (109 million). The resources needed so far are estimated to be twice as much. "There are extra funds left over from selective contributions for example. That said, the revision of the rules will also lead to different numbers in terms of applications. And there will be all the necessary resources.

As reconstructed by Il Sole 24 Ore, there are various novelties in the interministerial decree. Such as the exclusion of costs for the use of artificial intelligence for creative and artistic services (above the line). Labour costs, then, may be considered as per national collective labour agreements stipulated or renewed from 1 January 2019, with the amount increased up to a maximum of 20%. It will be necessary on another front to see Brussels' acceptance of the elimination of costs incurred in the 'European Economic Area' from the calculation, which are now covered up to a maximum of 20%. As for services, for the execution of individual parts, the eligibility of costs is envisaged only if incurred in Italy and provided that the entrusted company has its registered office in the country and does not proceed to "cascade" subcontracting.

The percentage mix also changes: 70 per cent at the approval of the prior application and 30 per cent at the end, instead of 40 per cent and 60 per cent as now (percentages that will remain only for companies with a high production and financial capacity). All the credit will then have to be invested in the work that generates it, and companies are required to include in their contracts with audiovisual media service providers and film distributors, the latter's obligation of transparency and information on all quantitative and qualitative data on audience attendance, both in Italy and in the rest of the world.

In the specific case of cinematographic works, the upstream coverage will have to be at least equal to the amount of the recognised credit. Producers will retain the actual, full and unconditional availability of the rights. Further provisions will come with the distribution tax credit decree.

For "market-based" works, the original independent producer must be able to cover at least 40% of the production cost of the work, including through other national and regional public funds. And there must be a binding agreement with a leading film distribution company upstream, with minimum investment and circulation requirements. For other works, access to the tax credit will be granted if the work is the recipient of a selective contribution pursuant to Articles 26 and 27 of Law 220/2016 (starting from the notices published from 1 January 2024) or of a contribution under programmes managed by the Council of Europe and the EU. Independent producers, meeting the requirements set out in the decree, are granted the tax credit to the extent of 40% of the eligible cost. For companies with a high production and financial capacity only, the rate goes to 35% for the part of the eligible cost from 5 to 10 million and 30% for the part above 10 million. For non-independent producers, the previous system has been confirmed, including the 30% rate.

As for TV productions, the original independent producer must prove coverage of at least 50% of the production cost of the work; have signed an agreement with a national TV broadcaster or on Svod (video on demand subscription) rights on market terms with a supplier subject to Italian jurisdiction and with a turnover of at least 5 million in Italy. The rate is 25% and can go up to 35% in the case of international co-produced TV works. Ad hoc measures are foreseen for documentaries, short films and animation.

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