Last Updated: 1 August 2023

[IT 21,235] Film production company entitled to tax rebate68 

68
(1) A company is entitled to a tax rebate for an income year in respect of a film if—
  • (a)the film was completed in the income year;
  • (b)Film Fiji, with the concurrence of the Minister, has issued a certificate to the company for the film under regulation 70;
  • (c)the company claims (which are irrevocable) the rebate in its income tax return for the income year;
  • (d)the company—
    • (i)is a Fijian resident; or
    • (ii)is not a Fijian resident but lodges an income tax return for the purpose of claiming the tax rebate under this Part; and
  • (e)the company is not—
    • (i)the holder of a broadcast licence in television or radio in Fiji and it is not associated with any company or individual with substantial holdings in a broadcast licence in Fiji; or
    • (ii)a theatrical exhibitor in Fiji and it is not associated with any company or individual with substantial holdings in a theatre or group of theatres in Fiji;
  • (f)the film production company is able to release and have the movie distributed for production in a least one significant International market to the satisfaction of the Minister responsible for Film Fiji;
  • (g)the film production company demonstrates to the satisfaction of the Minister responsible for Film Fiji that it—
    • (i)will engage services of Fijian citizens in movie productions; and
    • (ii)will utilise technicians, students and technical aid facilities at the Film Making School at Fiji National University or any other specified local institution;
  • (h)the company engages audio visual agents for the production of the film; and
  • (i)Fiji as a location needs to be accredited and acknowledged in the film’s credits and any other required accreditation as stipulated in the approval letter by Film Fiji.
(2) The company or any other person is not entitled to the tax rebate if—
  • (a)an application has been made under Part 3; or
  • (c)a provisional or final certificate for the film has been issued at any time under Part 3 whether or not the certificate is still in force.