FIBC Tax Credits: Broadcasting and Distribution

In your FIBC tax credits applications, Creative BC is looking to see that there is a written agreement with a Canadian-controlled distributor or broadcaster to have the production shown in Canada within 24 months of completion.

We sometimes receive questions about how online platforms relate to the “shown in Canada” requirement.

Shown in Canada Online

The agreements for online release in Canada can be structured in either of the two following ways:

1) Agreement between [ production company ] and [ Canadian broadcaster with online platform ]

OR

2) Agreement between [ production company ] and [ Canadian distributor ] and a separate Agreement between [ Canadian distributor ] and [ online platform ]

We can accept agreements between the production company and a Canadian broadcaster for release on its online platform as meeting the 24 months release in Canada requirement because the agreement is still with a Canadian broadcaster which meets the legislative requirements. But for online platforms that are not associated with a Canadian broadcaster, we require an intermediary agreement between the production company and a Canadian distributor that then enters into the agreement with the online platform that will be releasing in Canada within 24 months of completion.

Note that there can be no distribution in Canada by a non-Canadian distributor or broadcaster within 24 months of completion.

If you are still working out your broadcasting / distribution agreements, the following resources may help:

• Creative BC FIBC Eligibility checklist (section D)
• Creative BC FIBC Completion checklist (section D)
• CAVCO list of acceptable online services
• CAVCO Public Notice on circumstances for “shown in Canada”
• Legislation 79(1) definition of “eligible production” (e), and 80(1)(e) requirement for the Basic tax credit
• Regulation definition of “Canadian broadcaster”

Lea Chambers
Senior Business Analyst, Motion Picture Tax Credits
lchambers(at)creativebc.com

This post is intended as a general overview. It is not exhaustive and should not be relied upon to determine eligibility or the final amount of an anticipated tax credit. In case of any discrepancies between this post and the Income Tax Act (BC) and Regulations (the “Act”), the provisions of the Act prevail.