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“Prescribed persons” who are allowed to have an interest in and deduct eligible production amounts include:
  • A corporation that holds a television broadcasting licence issued by the Canadian Radio-television Telecommunications Commission (the CRTC)
  • A non-profit organization that has a fund which is established to finance Canadian film or video productions
  • A Canadian federal or provincial government film agency
  • In respect of a film or video production, a non-resident person who does not carry on a business in Canada where the person’s interest in the production is acquired to comply with the certificate requirements of a treaty co-production twinning arrangement
Proposed amendments to the Federal Content Credit would expand the definition of a “prescribed person” to include Canadian television specialty channels and pay television licensees of the CRTC.

Since a direct investment in a production by a non-“prescribed person” may result in a reduction or even elimination of the Federal Content Credit, many producers structure private equity investments as investments in the production company, rather than in the production itself.  Instead of receiving an ownership interest in the production, the investor receives shares in the production company.  Any profits generated by the production would be paid out to the production company’s shareholders through dividends.  Investing in the production company, however, must be undertaken subject to the securities laws of the applicable province, and the rules and regulations of the provincial securities’ regulator.

 
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