FILM AND TELEVISION TAX CREDIT ACT (RSA 2000 cF-11.3)

RSA 2000 cF-11.3

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Statutes of Alberta, 2019

Chapter F-11.3 Current as of June 7, 2024 FILM AND TELEVISION TAX CREDIT ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Film and Television Tax Credit Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Film and Television Tax Credit Act Film and Television Tax Credit ...................... 11/2020 ........... 69/2021, 216/2022, 9/2023, 97/2024

1 FILM AND TELEVISION TAX CREDIT ACT

Chapter F-11.3 Table of Contents 1

Definitions 2 Eligible corporations 3 Application 4 Authorization letter 5 Revised authorization letter 6 Single tax cred it certificate 6.1 Tax credit certificate — one or more taxation years 7 Revocation 8 Reconsideration of Minister’s decision 9 Refusal of applications, author ization letters and tax credit certificates 10 Examination of records, documents and things 11 Investigation 12 Power of investigators 13 Appointment of experts 14 Investigator’s report to the Minister 15 Extension of time 16 Offences 17 Limitation on prosecution 18 Collection and sharing of information 19 Regulations 19.1 Ministerial directives and guidelines 20 Transitional provision 20.1 Transitional — revised tax credit certificate 21 Consequential amendments 22 Coming into force

Schedule

Definitions 1 In this Act,

Section 1

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 2 (a) “Alberta principal photography” means the period during which filming on a project takes place in Alberta; (b) “Alberta Production Grant” means the Alberta Production Grant administered by the Minister of Culture, Multiculturalism and Status of Women; (c) “authorization letter” means an authorization letter issue d by the Minister under

section 4; (d) “completion of production” means delivery to the Minister of the final project in accordance with the regulations; (e) “designated assistance” means designated assistance as defined in the regulations; (e.1) “eligibility period”, in respect of a project, means eli gibility period as defined in the regulations; (f) “eligible corporation” means a corporation that meets the eligibility requirements under

section 2; (g) “eligible production costs” means eligible production cost s as defined in the regulations; (h) “Finance Minister” means the Minister responsible for the Alberta Corporate Tax Act; (i) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (j) “permanent establis hment” means a permanent establishment as defined in

section 1(2) of the Alberta Corporate Tax Act; (k) “production plan” means a pl an for a project that meets the requirements of the regulations; (l) “project” means a film or te levision production, or another type of production prescribed by the regulations; (m) “Screen-based Production Grant” means the Screen-based Production Grant administered by the Minister of Culture, Multiculturalism and Status of Women; (n) “tax credit certificate” mean s a tax credit certificate issued by the Minister under

section 6 or 6.1, as the case may be;

Section 2

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 3 (o) “taxation year” means a ta xation year as defined in

section 249 of the Income Tax Act (Canada); (p) “total production costs” me ans total costs for a project, including any portion of the project that occurs outside Alberta. 2019 cF-11.3 s1;2024 c4 s3 Eligible corporations 2 To be an eligible corporation, a corporation (

a) must be registered as an extra-provincial corporation, incorporated or continued under the Business Corporations Act, (

b) must not be exempt from tax under the Alberta Corporate Tax Act by virtue of

section 35 of that Act, subject to the regulations under this Act, (

c) must not be controlled dir ectly or indirectly in any manner whatever by one or more corporations that are exempt from tax under the Alberta Corporate Tax Act by virtue of

section 35 of that Act, subject to the regulations under this Act, (

d) must be engaged primarily i n film or television production or another type of production prescribed by the regulations, (

e) must not have received an A lberta Production Grant or a Screen-based Production Grant for the project in respect of which the corporation is applying for an authorization letter, subject to the regulations, (

f) must be in compliance with the applicable legislation governing the registration of corporations, and (

g) must satisfy any additional eligibility criteria set out in the regulations. Application 3(1) An eligible corporation may apply to the Minister to be issued an authorization letter to receive, in respect of a project, (

a) a single tax credit certif icate at the completion of production, or (

b) a tax credit certificate fo r one or more taxation years.

(1.1) An application under subsection (1) must be made by providing the following to the Minister:

Section 4

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 4 (

a) an application in the form, and containing the information , required by the Minister; (

b) an election as to whether the applicant is applying under subsection (1)(

a) or (b); (

c) the expected date of completion of production; (

d) a production plan; (

e) any other information or records required by the Minister.

(1.2) All or part of a taxation year referred to in subsection (1)(

b) must fall in the eligibility period.

(2) An application under this

section must be made within the application period determined by the Minister, and the Minister may consider an application made during the application period at the times determined by the Minister.

(3) Subject to the regulations, an eligible corporation shall not apply to the Minister for an authorization letter in respect of a project more than 120 days after Alberta principal photography begins on the project.

(4) If the information provided to the Minister under subsection (1.1) changes, in accordance with the regulations, the eligible corporation shall apply for a revised authorization letter by providing updated information to the Minister within 30 days after the change occurs. 2019 cF-11.3 s3;2024 c4 s3 Authorization letter 4(1) Where the Minister is satisfied, based on the information or records provided under

section 3(1.1), that (

a) the eligible corporation will be eligible to receive a tax credit certificate in respect of the project (

i) at completion of productio n for an eligible corporation that applied under

section 3(1)(a), or (ii) at completion of productio n and for at least one taxation year, all or part of which falls in the eligibility period, for an eligible corporation that applied under

section 3(1)(b), (

b) the total production costs at completion of production wil l be greater than the amount prescribed by the regulations, and

Section 4

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 5 (

c) any other criteria or requirements prescribed by the regulations have been met, the Minister may issue an authorization letter to the eligible corporation in accordance with this section.

(2) An authorization letter must include the following information: (

a) for an eligible corporation that applied (

i) under

section 3(1)(a), the total preliminary tax credit amount, as determined in accordance with subsection (3), or (ii) under

section 3(1)(b), (

A) the total preliminary tax credit amount, as determined in accordance with subsection (3), and (

B) the preliminary tax cred it amount for each taxation year, all or part of which falls in the eligibility period, as determined in accordance with subsection (3.1); (

b) in the case of an eligible corporation that has not starte d Alberta principal photography as of the date the authorization letter is issued, the date by which Alberta principal photography must start, as prescribed by the regulations; (

c) subject to the regulations, for an eligible corporation th at applied (

i) under

section 3(1)(a), the date by which the eligible corporation must provide to the Minister the information required under

section 6(2), or (ii) under

section 3(1)(b), (

A) that the eligible corporation must provide to the Minister the information required under

section 6.1(2) within 6 months after the end of each taxation year, all or part of which falls in the eligibility period, and (

B) the date by which the eligible corporation must provide to the Minister the information required under

section 6.1(2) in respect of the taxation year in which completion of production is expected.

Section 5

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 6

(3) The total preliminary tax credit amount under subsection (2)(a)(

i) or (ii)(

A) is the lesser of the following: (

a) the total estimated tax cre dit amount, as determined by the formula set out in

section 1 of the Schedule; (

b) the maximum tax cred it amount prescribed by the regulations; (

c) the remaining amount available from the funds allocated under this Act for the fiscal year in which the application is made.

(3.1) The preliminary tax credit amount under subsection (2)(a)(ii)(

B) for a particular taxation year is the lesser of the following: (

a) the estimated tax credit am ount for the taxation year, as determined by the formula set out in

section 1.1 of the Schedule; (

b) the maximum tax cred it amount prescribed by the regulations; (

c) the remaining amount available from the funds allocated under this Act for the fiscal year in which the application is made.

(4) If the Minister refuses to issue an authorization letter to an eligible corporation, the Minister shall promptly give notice to the corporation of the refusal. 2019 cF-11.3 s4;2024 c4 s3 Revised authorization letter 5(1) Subject to the regulations, the Minister may, on receipt from an eligible corporation of additional information or information under

section 3(4), 6(3) or 6.1(3), issue a revised authorization letter to the corporation in accordance with the regulations.

(2) If the Minister refuses to issue a revised authorization letter to an eligible corporation, the Minister shall promptly give notice to the corporation of the refusal. 2019 cF-11.3 s5;2024 c4 s3 Single tax credit certificate 6(1) This

section applies only in respect of an eligible corporation that applied for an authorization letter under

section 3(1)(

a) and that has been issued an authorization letter under

section 4 or a revised authorization letter under

section 5.

Section 6

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 7

(2) Subject to subsection (3), before the date specified on the authorization letter or the revised authorization letter under

section 4(2)(c), an eligible corporation referred to in subsection (1) must, in respect of the project for which the authorization letter or revised authorization letter was issued, (

a) deliver to the Mi nister, for verification of the final project’s compliance with this Act and the regulations, the final project or evidence of compliance in a form that is satisfactory to the Minister, (

b) confirm to the Minister’s s atisfaction that the eligible corporation had a permanent establishment in Alberta (

i) at any time during the period in which the corporation incurs eligible production costs on the project in respect of which the corporation is applying for an authorization letter, and (ii) at any time during the taxation year in which the corporation provides to the Minister the information required under this subsection, a n d (

c) provide the following information to the Minister in the form and manner required by the Minister: (

i) the amount of eligible production costs; (ii) the designated assistance amount; (iii) the amount of total production costs; (iv) any other information prescribed by the regulations.

(3) If an eligible corporation is unable to provide the information required under subsection (2) by the date specified on the authorization letter or revised authorization letter under

section 4(2)(c), the corporation shall promptly apply for a revised authorization letter by providing the following information to the Minister: (

a) a statement that the corpor ation expects the project to reach completion of production; (

b) the reasons for the corporation’s delay in providing the information; (

c) any other information or records required by the Minister.

Section 6.1

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 8

(4) On receipt of the information required by subsection (2), and on being satisfied that the eligible corporation has complied with this Act and the regulations, the Minister shall issue a tax credit certificate to the corporation (

a) for the taxation year in which the corporation last incurr ed eligible production costs on the project, and (

b) that shows the amount of th e tax credit that may be claimed by the corporation for the taxation year.

(5) The amount of the tax credit to be shown on a tax credit certificate issued to an eligible corporation is the lesser of the following: (

a) the total actual tax credit amount, as determined by the formula set out in

section 2 of the Schedule; (

b) the total preliminary ta x credit amount shown in the authorization letter or the revised authorization letter.

(6) If the Minister refuses to issue a tax credit certificate under this section, the Minister shall promptly give notice to the eligible corporation of the refusal and provide reasons for the Minister’s decision. 2019 cF-11.3 s6;2024 c4 s3 Tax credit certificate — one or more taxation years 6.1(1) This

section applies only in respect of an eligible corporation that applied for an authorization letter under

section 3(1)(

b) and that has been issued an authorization letter under

section 4 or a revised authorization letter under

section 5.

(2) Subject to subsection (3), an eligible corporation referred to in subsection (1), within 6 months after the end of each taxation year, all or part of which falls in the eligibility period, in respect of the project for which the authorization letter or revised authorization letter was issued, must (

a) deliver to the Minister, (

i) where production is not completed in the taxation year, for verification of the project’s ongoing compliance with this Act and the regulations, evidence of compliance in a form that is satisfactory to the Minister, and (ii) where production is completed in the taxation year, for verification of the final project’s compliance with this Act and the regulations, the final project or evidence of compliance in a form that is satisfactory to the Minister,

Section 6.1

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 9 (

b) confirm to the Minister’s s atisfaction that the eligible corporation had a permanent establishment in Alberta at any time during the taxation year, and (

c) provide the following information to the Minister in the form and manner required by the Minister: (

i) the amount of eligible production costs incurred in the taxation year and paid in full during the taxation year; (ii) the amount of eligible pr oduction costs incurred in the preceding taxation year and paid in full during the taxation year; (iii) the designated assistance amount for the taxation year; (iv) where production is completed in the taxation year, the amount of total production costs; (

v) any other information prescribed by the regulations.

(3) If an eligible corporation is unable to provide the information required under subsection (2) by the date or dates specified on the authorization letter or revised authorization letter under

section 4(2)(c)(ii)(B), the corporation shall promptly apply for a revised authorization letter by providing the following information to the Minister: (

a) a statement that the corpor ation expects the project to reach completion of production and the anticipated date of completion of production; (

b) the reasons for the corporation’s delay in providing the information; (

c) any other information or records required by the Minister.

(4) On receipt of the information required by subsection (2), and on being satisfied that the eligible corporation has complied with this Act and the regulations, the Minister shall issue a tax credit certificate to the corporation (

a) for the taxation year, and (

b) that shows the amount of th e tax credit that may be claimed by the corporation for the taxation year.

(5) The amount of the tax credit to be shown on a tax credit certificate issued to an eligible corporation for a taxation year is the lesser of the following:

Section 7

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 10 (

a) the actual tax credit amount for the taxation year, as determined by the formula set out in

section 3 of the Schedule; (

b) the total preliminary ta x credit amount shown in the authorization letter or the revised authorization letter, less the total amount shown on all tax credit certificates in respect of the project issued to the corporation for prior taxation years.

(6) If the Minister refuses to issue a tax credit certificate under this section, the Minister shall promptly give notice to the eligible corporation of the refusal and provide reasons for the Minister’s decision. 2024 c4 s3 Revocation 7(1) The Minister may revoke an authorization letter, a revised authorization letter or a tax credit certificate if (

a) any information provided b y the eligible corporation to obtain the authorization letter, the revised authorization letter or the tax credit certificate is false or misleading or fails to disclose a material fact, or (

b) the Minister considers that , at the time the authorization letter, the revised authorization letter or the tax credit certificate was issued or at a subsequent time, the eligible corporation was in contravention of this Act, the regulations, a directive or guideline issued under

section 19.1 or a condition that the Minister imposed or made under this Act.

(1.1) The Minister may revoke an authorization letter, a revised authorization letter and all tax credit certificates in respect of a project if the project is not completed within the time set out in

section 4(2)(c)(

i) or (ii)(B), as the case may be, and the regulations.

(2) If the Minister revokes an authorization letter, a revised authorization letter or a tax credit certificate, the Minister shall promptly give notice to the eligible corporation of the revocation and provide reasons for the Minister’s decision.

(3) If the Minister revokes a tax credit certificate, the Minister shall promptly give notice to the Finance Minister of the revocation.

(4) Subject to the regulations, when a tax credit certificate is revoked under this section, for the purposes of

section 26.94 of the

Section 8

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 11 Alberta Corporate Tax Act, the tax credit certificate is deemed never to have been issued. 2019 cF-11.3 s7;2024 c4 s3 Reconsideration of Minister’s decision 8(1) If the Minister (

a) gives notice to an eligible corporation under

section 6(6) or 6.1(6) that the Minister has refused to issue a tax credit certificate, or (

b) revokes an authorization le tter, a revised authorization letter or a tax credit certificate under

section 7, the corporation may, within 30 days after being notified of the Minister’s decision, request in writing that the Minister reconsider that decision and shall provide the grounds on which the request for reconsideration is made.

(2) On receipt of written representations under subsection (1), the Minister shall reconsider the matter and may rescind, vary or confirm the previous decision.

(3) The Minister shall promptly give notice to the eligible corporation of the Minister’s decision to rescind, vary or confirm the previous decision.

(4) If under this

section the Minister decides to rescind or vary a previous decision to revoke a tax credit certificate, the Minister shall promptly give notice to the Finance Minister of that decision. 2019 cF-11.3 s8;2024 c4 s3 Refusal of applications, authorization letters and tax credit certificates 9 Notwithstanding anything to the contrary in this Act, the Minister may, for any reason, including budgetary restrictions, for any period of time, including an indefinite period of time, (

a) refuse to accept further a pplications for authorization letters or to issue authorization letters, but continue to issue revised authorization letters and tax credit certificates in respect of authorization letters that have already been issued, (

b) refuse to accept further a pplications for authorization letters, but continue to (

i) issue authorization letters in respect of applications tha t have already been made, and

Section 10

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 12 (ii) issue tax credit certificates and revised authorization letters in respect of authorization letters that have already been issued, (

c) refuse to issue further authorization letters but continue to accept applications for authorization letters and issue revised authorization letters and tax credit certificates in respect of authorization letters that have already been issued, o r (

d) refuse to accept applicatio ns for revised authorization letters for the reason that an eligible corporation is applying to change the eligible corporation’s election made under

section 3(1.1)(b). 2019 cF-11.3 s9;2024 c4 s3 Examination of records, documents and things 10(1) For the purposes of determining whether a corporation (

a) is eligible to receive a tax credit certificate, or (

b) is complying with thi s Act and the regulations, the Minister may appoint a person to examine the records, documents and things of that corporation.

(2) At the request of the person appointed under subsection (1), the corporation, or any other person in possession of records, documents or things of the corporation, shall provide the person appointed under subsection (1) with those records, documents and things, including electronic records and documents.

(3) An officer or employee of the corporation shall (

a) cooperate with and give all reasonable assistance to the person appointed under subsection (1) for the purpose of enabling that person to conduct the examination satisfactorily, and (

b) answer questions pertaining to the records, documents and things and provide other assistance that the person requests.

(4) Without limiting the generality of subsections (1) and (2), the person conducting an examination under this

section (

a) is entitled to unrestricted access, without charge, to all records, documents and things related to the enforcement of this Act, and

Section 11

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 13 (

b) may make copies of any records, documents or things to which the person is entitled to unrestricted access. Investigation 11(1) In this section, “justice” means a justice of the peace or a judge of the Court of Justice.

(2) The Minister may by order (

a) appoint a person as an investigator to make whatever investigation the Minister considers appropriate for the administration of this Act, and (

b) determine the scope of the investigation.

(3) On the application of the Minister or the investigator appointed under subsection (2), and on being satisfied by information on oath that it is necessary and in the public interest for any purpose relating to an investigation under subsection (2), a justice may make an order authorizing the investigator (

a) to enter into the premises or on the land of a person at any reasonable time for the purpose of carrying out an inspection or examination, (

b) to require the production of any records, documents or things and to inspect or examine them, and (

c) on giving a receipt, to remove any records, documents or things inspected or examined under clause (

b) for the purpose of further inspecting or examining them and making copies of them.

(4) Unless the justice otherwise directs, an application for an order under subsection (3) may be (

a) made without notice to any other person, and (

b) heard in private.

(5) An inspection or examination under subsection (3) must be completed as soon as practicable and the records, documents or things must be promptly returned to the person who produced them.

(6) A person shall not withhold, destroy, conceal or refuse to give any information or produce any record, document or thing reasonably required under this

section by the investigator. 2019 cF-11.3 s11;AR 75/2023

Section 12

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 14 Power of investigators 12(1) An investigator appointed under

section 11 has the same power as is vested in the Court of King’s Bench for the trial of civil actions (

a) to summon and enforce the attendance of witnesses, (

b) to compel witnesses to give evidence on oath or otherwise, and (

c) to compel witnesses to produce records, documents and things.

(2) The failure or refusal of a person summoned as a witness under subsection (1) to attend, to answer questions or to produce records, documents or things that are in that person’s custody or possession makes that person, on application to the Court of King’s Bench by the investigator, liable to be committed for contempt by the Court of King’s Bench in the same manner as if that person were in breach of an order or judgment of that Court.

(3) Section 41 of the Alberta Evidence Act does not exempt a bank, as defined in that section, or any officer or employee of a bank from the operation of this section. 2019 cF-11.3 s12;AR 217/2022 Appointment of experts 13(1) If the Minister appoints an investigator under

section 11, the Minister may appoint persons having special technical or other knowledge or skills to assist and be responsible to the investigator.

(2) A person appointed under subsection (1) shall (

a) examine records, documents and things of the person or corporation whose affairs are being investigated, and (

b) perform other duties, as required by the investigator. Investigator’s report to the Minister 14 An investigator shall provide the Minister with (

a) a full and complete report of the investigation, including all transcripts of evidence and material in the investigator’s possession relating to the investigation, and (

b) interim reports as requested by the Minister.

Section 15

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 15 Extension of time 15 The Minister may extend, with or without conditions, the time limit for the doing of anything under this Act or the regulations and may grant the extension even if the time limit to be extended has expired. Offences 16(1) A person who does any of the following commits an offence: (

a) makes a statement in any record, evidence or information submitted or given under this Act or the regulations to the Minister, to a person working for or under the Minister or to an investigator that, at the time and in the circumstances under which the statement is made, is false or misleading with respect to a material fact or omits a material fact the omission of which makes the statement false or misleading; (

b) makes a statement in an application, report, return or oth er record required to be filed or furnished under this Act or the regulations that, at the time and in the circumstances under which the statement is made, is false or misleading with respect to a material fact or omits to state a material fact the omission of which makes the statement false or misleading; (

c) withholds, destroys or con ceals a record, document or thing referred to in

section 10(2) after it has been requested by a person conducting an examination under that section; (

d) contravenes

section 10(3); (

e) impedes an investigator f rom entering premises under

section 11(3)(a); (

f) contravenes

section 11(6).

(2) If a corporation commits an offence under subsection (1), the corporation is liable to a fine of not more than $100 000.

(3) If a corporation commits an offence under subsection (1), every director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits an offence.

(4) If an individual commits an offence under subsection (1) or (3), the individual is liable to a fine of not more than $50 000 or to imprisonment for a term of not more than one year, or to both a fine and imprisonment.

Section 17

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 16

(5) A person does not commit an offence under this

section in relation to a statement if the person did not know that the statement was false or misleading and, in the exercise of reasonable diligence, could not have known that the statement was false or misleading. Limitation on prosecution 17 No prosecution for a contravention of this Act is to be commenced more than 2 years from the date when the facts on which the alleged contravention is based first come to the knowledge of the Minister. Collection and sharing of information 18(1) The Minister may collect information, including personal information, directly or indirectly, for the purposes of this Act.

(2) The Minister may share information collected under this Act with the Finance Minister for the purposes of administering the Alberta Corporate Tax Act. Regulations 19(1) The Lieutenant Governor in Council may make regulations (

a) defining any word or expression used but not defined in th is Act; (

b) restricting or broadening the definition of any word or expression defined in this Act; (

c) prescribing any matter that is to be prescribed under this Act; (

d) respecting the conditions and requirements to be used to determine completion of production; (

e) respecting eligib le production costs; (

f) respecting conditions and requirements that a corporation must meet to be an eligible corporation; (

g) respecting the requirements that a production plan must meet; (

h) excluding types of production from the application of this Act; (

i) respecting the making of applications or reapplications, including the making of reapplications after the day set out in

section 3(3) has passed;

Section 19.1

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 17 (

j) respecting revised authorization letters, including the issuance and content of revised authorization letters; (

k) respecting the issuance or revocation of tax credit certificates or authorization letters; (k.1) respecting the dates by which information must be provid ed to the Minister; (k.2) respecting the effect of revocation of a tax credit certificate for the purposes of

section 7(4); (k.3) respecting the calculation of the preliminary tax credit amount for a taxation year; (k.4) respecting the calculati on of the actual tax credit amount for a taxation year; (k.5) respecting the calculati on of the designated assistance amount for a taxation year; (k.6) respecting the prescrib ed percentage and prescribed circumstances used in determining a total estimated tax credit amount, an estimated tax credit amount, a total actual tax credit amount or an actual tax credit amount; (

l) respecting the manner and form of giving notices; (

m) respecting the collection, u se and disclosure of information, including personal information, for the purpose of this Act; (

n) respecting any matter or thing that the Lieutenant Governo r in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.

(2) A regulation made under subsection (1) may be made effective with reference to a period occurring before the regulation is made.

(3) A regulation made under subsection (1) may be made generally or specifically and may apply to all or part of Alberta. 2019 cF-11.3 s19;2024 c4 s3 Ministerial directives and guidelines 19.1(1) The Minister may issue directives or guidelines respecting the

interpretation or application of this Act or any regulation under this Act.

(2) The Regulations Act does not apply to directives or guidelines issued under this section.

Section 20

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 18

(3) The Minister shall make directives or guidelines issued under this

section publicly available in a manner the Minister considers appropriate. 2024 c4 s3 Transitional provision 20(1) Despite

section 3(3), an eligible corporation may apply for an authorization letter in respect of a project after Alberta principal photography starts on the project if (

a) the corporation applies during the period beginning on the coming into force of this Act and ending on March 31, 2021, and (

b) Alberta principal photography on the project begins during the period beginning on March 1, 2019 and ending on the day before the coming into force of this Act, regardless of the date of completion of production.

(2) Despite

section 4(1)(a), if an eligible corporation referred to in subsection (1) has reached completion of production on a project on or before the day before the coming into force of this Act, the Minister may issue an authorization letter if the Minister is satisfied that the corporation will be eligible to receive a tax credit certificate in respect of the project at any time. Transitional — revised tax credit certificate 20.1(1) An eligible corporation may apply to the Minister, in the form and manner specified by the Minister, for a revised tax credit certificate that shows the information under

section 6(4) as it reads immediately after the coming into force of this section, if (

a) the eligible corporation wa s issued a tax credit certificate before the coming into force of this section, (

b) the eligible corporation ha s not claimed a tax credit under

section 26.94 of the Alberta Corporate Tax Act in respect of the tax credit certificate before the coming into force of this

section and at the time an application is made under this section, and (

c) the tax credit certificate w ould be issued for a different taxation year under

section 6(4) as it reads immediately after the coming into force of this section.

(2) An eligible corporation may make only one application under this section.

Section 22

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 19

(3) An application under this

section must be received by the Minister by January 31, 2025.

(4) The Minister may issue a revised tax credit certificate and cancel the original tax credit certificate if the Minister is satisfied that the corporation meets the requirements under this section.

(5) A revised tax credit certificate issued under this

section is deemed to be issued under

section 6.

(6) If the Minister issues a revised tax credit certificate and cancels the original tax credit certificate under this section, the Minister shall promptly give notice to the Finance Minister of the revision and cancellation. 2024 c4 s3 21 (This

section amends the Alberta Corporate Tax Act; the amendment has been incorporated into that Act.) Coming into force 22 This Act comes into force on Proclamation. (NOTE: Proclaimed in force January 28, 2020.)

Schedule Formulas for Tax Credit Amounts Total estimated tax credit amount 1 The total estimated tax credit amount referred to in

section 4(3)(

a) of this Act is the amount determined by the formula X = (A-

B) x C where X is the total estimated tax credit amount; A is the estimated eligible production costs; B is the estimated desig nated assistance amount; C is the prescribed percentag e applicable in the prescribed circumstances. Estimated tax credit amount — one or more taxation years 1.1 The estimated tax credit amount for a taxation year referred to in

section 4(3.1)(

a) of this Act is the amount determined by the formula

Schedule

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 20 X = (A-

B) x C where X is the estimated tax credit amount for the taxation year; A is the eligible production costs estimated to be incurred in the taxation year or the preceding taxation year and paid in full in the taxation year; B is the estimated designate d assistance amount for the taxation year; C is the prescribed percentag e applicable in the prescribed circumstances. Total actual tax credit amount — single tax credit certificate 2 The total actual tax credit amount referred to in

section 6(5)(

a) of this Act is the amount determined by the formula X = (A-

B) x C where X is the total actua l tax credit amount; A is the eligible production costs; B is the designat ed assistance amount; C is the prescribed percentag e applicable in the prescribed circumstances. Actual tax credit amount — one or more taxation years 3 The actual tax credit amount for a taxation year referred to in

section 6.1(5)(

a) of this Act is the amount determined by the formula X = (A-

B) x C where X is the actual tax credit am ount for the taxation year; A i s t h e s u m o f (

a) the amount of eligible production costs incurred in the taxation year and paid in full in the taxation year, and

Schedule

Chapter F-11.3 FILM AND TELEVISION TAX CREDIT ACT 21 (

b) the amount of eligible production costs incurred in the preceding taxation year and paid in full in the taxation year; B is the designated assistance amount for the taxation year; C is the prescribed percentage applicable in the prescribed circumstances. 2019 cF-11.3 Sched.;2024 c4 s3

Printed on Recycled Paper *9780779847723*

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cF-11.3
Type	statute
Volume / chapter	RSA 2000 cF-11.3
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	118c3cbf30a79a85daa198df167bec81a2ea7ec3

Source file is stored in the law ingest library (pdf).