Implementing Provisions For The Extended Independent Audiovisual Works Producers Tax Credit Allocation For Leattivita '.

Original Language Title: Disposizioni applicative per l'estensione ai produttori indipendentidi opere audiovisive dell'attribuzione del credito d'imposta per leattivita' cinematografiche.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-25&atto.codiceRedazionale=15A02190&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of heritage and cultural activities and tourism in consultation with the Minister of economy and finance Saw the art. 8, paragraph 2, of Decree-Law no August 8, 2013. 91 laying down "urgent measures for the protection, enhancement and revitalization of heritage and cultural activities and tourism», converted, with amendments, by law October 7, 2013, n. 112, hereinafter "Decree-Law", which States that, with effect from 1 January 2014, the provisions relating to tax credits for film production activities covered by the Act December 24, 2007, # 244, as amended, to be extended to independent producers of audiovisual works, as defined in paragraph 5 of that article; See paragraph 4 of art. 8, which States that the relevant provisions are dictated by Ministerial Decree of application, as well as those spending limits are defined to be assigned to the aforementioned tax breaks, given the global limit referred to in paragraph 3 of the same article; Having regard to the Decree of the President of the Republic December 22, 1986, no 917, embodying the consolidated income tax, and in particular articles 61 and 109, regarding the components of business income; Having regard to the Legislative Decree July 9, 1997, # 241, establishing rules for simplifying the obligations of taxpayers within the income tax and value added tax, as well as the modernization of the management system of declarations, and in particular art. 17 concerning the offsetting tax credits; Having regard to Council Regulation (EC) no 659/1999 of March 22, 1999 establishing a method of application of art. 108 of the Treaty on the functioning of the European Union, and in particular art. 14, concerning the recovery of unlawful aid; Having regard to law No 311 December 30, 2004 laying down rules for the annual and multiannual budgeting dello Stato (legge finanziaria 2005), especially paragraphs 421 to 423 art. 1, concerning claims unduly used; Having regard to the Decree of the Minister for cultural heritage and activities May 7, 2009 laying down rules of application of the tax credits granted to film production companies in relation to the realization of films referred to in law No 244 of 2007; Having regard to the Decree-Law March 25, 2010, # 40, urgent financial and tax provisions of upgrading and rationalisation of Community tax collection in compliance, converted, with amendments, by law May 22, 2010, # 73, and in particular art. 1, paragraph 6, concerning procedures for redress in cases of unlawful use of tax credits; Having regard to the Legislative Decree July 31, 2005, # 177, as amended, regarding the "single text of radio and Audiovisual Media Services», as amended, hereinafter: «TUSMA»; Having regard to the Commission communication on State aid to the cinema and audiovisual of November 15, 2013; Heard the Minister of economic development; Having regard to decision No C (2014) 9291 final del European Commission December 3, 2014;
Adopts the following decree: Art. 1
Oggetto 1. With effect from 1 January 2014, the tax credits relating to art. 1, paragraphs 325 to 328 and 330 in December 24, 2007 law, 337, # 244, as amended, shall be extended under the conditions and with the terms of use set forth in this Decree, independent producers of audiovisual works, as defined in art. 2, paragraph 1, letter g). 2. with effect from 1 January 2014, taking into account the total annual spending limit provided for in art. 8 of the decree-law, the tax credits allocated to independent producers of audiovisual works and is assigned a maximum amount of resources per year equal to 39% of predicted spending limit. Public audiovisual works primarily on networks of electronic transmission under art. 21, paragraph 1-bis, of the TUSMA, by means of an audiovisual media service provider on other means, as defined in art. 2, paragraph 1, lett. d) of this Decree, it is assigned an amount equal to 2% of total annual spending limit. The Minister of heritage and cultural activities and tourism, by decree adopted in agreement with the Minister of economy and finance, can adapt, even with reference to the financial year in progress, the percentages referred to in this subsection as a result of the checks on the effective use of available resources.