Media

Film tax credit, rates down and caps on companies

The outline of the interministerial decree sent by the Mic to the Mef and Mimit follows the reduction of the Cinema and Audiovisual Fund and the stop to 'splaining'. The new Cinema Law awaited

by Andrea Biondi

 (AdobeStock)

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The tax credit for cinema and audiovisuals changes skin and perimeter. The outline of the Mic-Mef interministerial decree, viewed by Sole 24 Ore, which rewrites Ministerial Decree 225/2024, already reworked in 2025, marks the transition from an essentially 'open' system to a closed budget model.

A change made necessary by the Budget Law 2026, which reduced the endowment of the Cinema and Audiovisual Fund (from 700 to 610 million for 2026 and to 500 million from 2027) and, above all, introduced for the first time a cap on tax credits for production, until now recognisable even beyond the spending limits with the so-called 'splafonamento' now outlawed and indicated as responsible for an imbalance that gave birth to two choices: the reduction of rates and the compression of ceilings.

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'We arrived at this decree,' the undersecretary to the Mic, Lucia Borgonzoni, told the Sole 24 Ore, 'after a long process of consultation with the associations, which we met several times. The resource node has forced us to make certain choices. I am convinced that more funding will be recovered. Now the important thing was to do it quickly. The decree is necessary to avoid a stop now that the last window for the distribution of tax credit has closed'.

And this, after all, must also have been the logic of the Anica, Apa and Cna Cinema and Audiovisual Associations when, at the beginning of the week, they declared that they had 'learned with satisfaction' that the Mic had sent to the Mef and Mimit the 'text of the inter-ministerial decree modifying the provisions on production tax credit, prepared with great timeliness by the General Directorate'.

Satisfaction with the timing of an act considered essential. Certainly not for the tightening. According to the text viewed by the Sole 24 Ore on the subject of rates, the cut is generalised. For cinema it drops from 40% to 30% for independent producers and from 30% to 20% for non-independent producers. For television and web works the basic credit goes from 25% to 20%, while the increased credit goes from 35% to 30%. Reductions that become progressive for companies with greater production capacity, with reductions of up to 5 points per bracket. The squeeze also involves documentaries, animation, short films and video clips: from 40% to 30% in the former case, to 35% for animation and 30% for shorter formats.

The second pillar concerns the ceilings per work. The maximum credit for films drops to 4 million (previously up to 9 million), while for TV and web it stops at 6 million. The limits can only rise - to 6 and 10 million respectively - if there is an international share of at least 40% of the budget, a higher threshold than in the past. The most significant novelty, however, is the introduction of annual ceilings per company: 7 million for cinema and 15 million for TV and web, with the two areas remaining separate.

The decree also intervenes on the composition of costs, reducing the limit of "above-the-line" fees - directors, leading actors, scriptwriters - from 30% to 25%, with a 30% derogation for works under 3.5 million. The threshold clearly signals a desire not to squeeze smaller projects too much. Finally, Covid emergency costs are eliminated and compulsory insurance against natural disasters is introduced.

On the distribution front, the time for low budget films to accrue circulation requirements is lengthened from two to six weeks, while the minimum number of cinemas is reduced from 50 to 30. And the rights regime also changes: preservation obligations are limited to the Italia market, allowing the producer to freely transfer foreign rights without losing the tax benefit.

However, the text shows several knots that remain unresolved. For example, the law introduces a hard cap and quarterly monitoring, but the decree does not provide a mechanism to stop concessions when resources are running out: no ranking list and no early closure clause.

Then there is the subject of controls. The verification of the congruity of costs is entrusted to a certifier chosen and paid by the producer. The Film and Audiovisual Directorate has a generic control reserve, which can be activated at random and with limited resources. And then there is the time issue. The (optional) congruity check only takes place at the final stage, after the work is realised and the costs incurred. But already in the preventive phase, when the budget is still a projection, the producer can use 70% of the theoretical credit as compensation. All corrections can be made in the coming months. Now the imperative was to close the circle, as soon as possible.

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