FOR PROVISIONAL CERTIFICATE OF ELIGIBILITY Trinidad & Tobago. Film & Television Production

Transcription

1 Trinidad & Tobago Film Company APPLICATION FOR PROVISIONAL CERTIFICATE OF ELIGIBILITY Trinidad & Tobago Film & Television Production Rebate Section A: Applicant Company Information Registered company name: Registered address: Contact Name: Office/Title: Telephone: ( Business: ( Mobile:( Trinidad and Tobago company number: Fax No: ( Address: The names and addresses of company directors must be included with documentation supporting the company s Trinidad and Tobago permanent residence. Section B: Film Details / Television Production Working Title: Synopsis: Format & Schedule: Feature film Mini-series Telemovie TV Series Documentary Estimated total running length (in minutes: Scheduled number of shooting weeks: (Scheduled in Trinidad and Tobago Scheduled date for start t of principal photography: Scheduled date for completion: (no later than two years from date of application 1 P a g e

2 Trinidad & Tobago Film Company APPLICATION FOR PROVISIONAL CERTIFICATE OF ELIGIBILITY Trinidad & Tobago Film & Television Production Rebate If TV series or mini series: Actual number of episodes: Duration of each episode: Is this application going to take advantage of the bundling opportunity?: Yes No If yes, nominate twelve e month period: Start: (yy/mm/dd Finish: (yy/mm/dd Note: The twelve-month period will be the start of qualifying expenditure e and the conclusion, so the threshold for QTTPE will need to be met within the nominated time frame. A change to the start date may be nominated in writing within 6 (six months of the date of issue of the provisional certificate. Status: Does the film qualify as a Trinidad and Tobago Film?: Yes No If yes, is its qualification as a Trinidad and Tobago film under an official Co-production Treaty?: Yes No Documentation verifying the Trinidad and Tobago ownership of all rights in the film or a copy of documentation tion evidencing co-production status. Connected expenditure If possible, provide the name of all companies (as identified in the budget who will be providing goods/services in making the film that are connected ed with the production company or any of its associate companies. If production has not commenced and this information is unknown, please indicate not applicable (N/A. (Please attach additional information on a separate sheet if there e is insufficient space provided below.

3 Trinidad & Tobago Film Company APPLICATION FOR PROVISIONAL CERTIFICATE OF ELIGIBILITY Trinidad & Tobago Film & Television Production Rebate Has the production company taken over responsibility for making the film from another production company? Yes No If yes, the previous company or companies should be listed below with the relevant legal agreement confirming the transfer of responsibility also included as an Attachment. (Please attach details on a separate sheet if there e is insufficient space provided below. Registered company name: Registered address: Company Number: 3 P a g e

4 Trinidad & Tobago Film Company APPLICATION FOR PROVISIONAL CERTIFICATE OF ELIGIBILITY Trinidad & Tobago Film & Television Production Rebate Section C - PROJECTED BUDGET General Requirements The projected budget for the film must indicate the proposed level of production expenditure, identifying to the extent that t it is possible the projected level of Qualifying Trinidad and Tobago production expenditure, clearly and separately showing which expenditure is planned on film production activity to be undertaken in the Trinidad and Tobago and which expenditure, if any, will be incurred on film production activity undertaken en outside of the Trinidad and Tobago. Also, that portion of QTTPE that is Qualifying Labour must be clearly set out. 1. Provisional budget Production expenditure e must be identified in Trinidad and Tobago TT T and include details of qualifying Trinidad and Tobago production expenditure, by category, including: i Description of each budget item (for example, cast, lighting, CGI, etc.; ii amount of expenditure e on each budget item. 2. Overview of provisional expenditure Total provisional production expenditure TT a Total provisional qualifying Trinidad and Tobago production expenditure (QTTPE TPE TT b That portion of QTTPE that is Qualifying Labour TT Estimate of rebate: (a-b x0.35+ (b x0.50=rebate TT Please provide a summary and detailed expenditure statement as detailed below as an Attachment. The expenditure statements ts can be in the order determined by the financiers (for example, using a particular studio chart of accounts. However, it should show all top sheet categories and include column headings and the appropriate split of expenditure as indicated below. This summary information is indicative only. A copy of the full provisional budget should also be attached. Column 1 Budget item/description, for example Story and Script, Producers, Directors, Cast, etc. Column 2 QTTPE in Trinidad and Tobago Column 3 QTTPE in Trinidad and Tobago that is Qualifying Labour Column 4 QTTPE TPE outside of Trinidad and Tobago Column 5 QTTPE outside of Trinidad and Tobago that is Qualifying Labour Column 6 Non QTTPE Column 7 Total production expenditure per detailed budget attached.

5 Trinidad & Tobago Film Company Column 8 Prior company expenditure where appropriate Column 9 Payments to connected parties where appropriate Please provide a financial plan for the project stating the extent and source of other finance and state whether secured or contemplated by source. Confidentiality Please note that all information provided by the applicant will be held by the Trinidad and Tobago Film Company on a strictly commercial-in-confidence basis. The information may be provided to the Trinidad and Tobago Revenue Service, the Trinidad and Tobago Film Company Board and an independent film production consultant only. These parties will be bound by Government confidentiality provisions to treat all such information as commercial-in-confidence. 5 P a g e

6 Trinidad & Tobago Film Company APPLICATION FOR PROVISIONAL CERTIFICATE OF ELIGIBILITY Trinidad & Tobago Film & Television Production Rebate Section D - DOCUMENTS TO BE ATTACHED TO AN APPLICATION FOR A PROVISIONAL CERTIFICATE Please indicate whether the following attachments (including relevant legal agreements have been submitted with the Provisional Application Form: 1. Summary and detailed expenditure statement. Attached Not attached 2. Summary and Detailed Budget in TT. 3. Summary and detailed QTTPE budget in TT. 4. Financial plan including letters of intent from investors. 5. Provisional schedule clearly noting the days scheduled in Trinidad and Tobago. 6. Certificate of incorporation/ tion/founding statement to verify the company s Trinidad and Tobago incorporation and in addition documents which state the registered address, and names and addresses of company directors/ members and public officer/accounting officer of the company/closed corporation. Attached Not attached 7. Where corporate vehicle yet to be established names, contact details and addresses of intended company directors. Attached Not attached Not applicable 8. Any agreement verifying the transfer of ownership in relation to copyright for intellectual property including promotional material, or establishing that copyright in such material is held by a Trinidad and Tobago national or resident where purchase or licensing of Trinidad and Tobago copyright expenditure is incurred before completion of the film, and is therefore being claimed as qualifying Trinidad and Tobago production expenditure. Attached Not attached Not applicable 9. Documentation to verify the Trinidad and Tobago ownership of all rights in the film or a copy of documentation tion evidencing a co-production arrangement. Attached Not attached Not applicable 10. Written confirmation that t the Trinidad and Tobago Film Company will be credited as follows This film was made with the financial support of the Trinidad and Tobago Film Company Limited. Attached Not attached

7 Trinidad & Tobago Film Company APPLICATION FOR PROVISIONAL CERTIFICATE TE OF ELIGIBILITY Trinidad & Tobago Film & Television Production Rebate Section E - APPLICANT ATTESTED DECLARATION I,(1, do solemnly and sincerely declare on behalf of (2 that the information contained in the application for a provisional certificate, and the documents attached to it, is correct and true in every particular and I make this solemn declaration by virtue of the (cite appropriate Act, and subject to the penalties provided by that Act for the making of false statements in attested declarations, conscientiously believing the statements contained in this declaration to be true in every particular. (3 Declared at on the Before me, (4 day of 20 (5 1. Here insert name, address and office held in the applicant company of person making the declaration. This person should be authorized to make the declaration on behalf of the applicant company. 2. Name of applicant company. 3. Signature of person making the declaration. 4. Signature of person before e whom the declaration is made. This person should be a competent person as defined in the Act. 5. Here insert title of person before whom the declaration is made. 6. Note: A penalty of imprisonment or a fine or both applies to the offence of making a false statement t in an attested declaration. 7 P a g e

8 Trinidad & Tobago Film Company APPLICATION FOR PROVISIONAL CERTIFICATE TE OF ELIGIBILITY Trinidad & Tobago Film & Television Production Rebate Confirmation of commencement of principal photography and/or revision of 12 month period if bundling. Purpose of Confirmation of principal photography The purpose of this confirmation is to assist in the administration of the funds that the government has made availableailable for this incentive. The Trinidad and Tobago Film Company will issue a receipt for Form B. It is essential that the applicant for the final certificate is able to attach a copy of the receipt for form B to the final application. Form B cannot be completeded until day 1 of principal photography has been accomplished. Form B must be received by the Trinidad and Tobago Film Company within six months (183 days of the date of the provisional certificate. If principal photography does not commence within the prescribed time frame the applicant may resubmit for a provisional certificate.

9 ADVICE OF COMMENCEMENT OF PRINCIPAL PHOTOGRAPHY FORM B Trinidad & Tobago Film & Television Production Rebate Section A: APPLICANT COMPANY INFORMATION The Trinidad and Tobago Film Company Reference e Number as advised on provisional certificate: Registered company name: Registered address: Contact Name: Office/Title: Telephone: ( Business: ( Mobile: Trinidad and Tobago company number: Fax No: ( address: Section B: DETAILS ABOUT THE FILM Working Title: Date of first day of principal photography: Confirmed or revised date of completion/delivery: Note: Can be no later than 21 months from date of provisional certificate. Confidentiality Please note that all information provided by the applicant will be held by the Trinidad and Tobago Film Company on a strictly commercial-in-confidence basis. The information may be provided to the Trinidad and Tobago Revenue Service, the Trinidad and Tobago Film Company Board and an independent film production consultant only. These parties will be bound by Government confidentiality provisions to treat all such information as commercial- in-confidence. 9 P a g e

10 ADVICE OF COMMENCEMENT OF PRINCIPAL PHOTOGRAPHY FORM B Trinidad & Tobago Film & Television Production Rebate Section C - DOCUMENTS TO BE ATTACHED TO PRINCIPAL PHOTOGRAPHY ADVICE Please indicate by marking the appropriate box whether the following attachments have been submitted with the Principal Photography Advice: 1. Day 1 of principal photography call sheet. 2. Day 1 of principal photography progress report. 3. Current schedule. 4. Post-production tion schedule. 5. Certificate of incorporation/ tion/founding statement to verify the company s Trinidad and Tobago incorporation and in addition documents which state the registered address, and names and addresses of company directors/ members and public officer/accounting officer of the company/closed corporation. Attached Not attached

11 ADVICE OF COMMENCEMENT OF PRINCIPAL PHOTOGRAPHY FORM B Trinidad & Tobago Film & Television Production Rebate Section D: APPLICANT ATTESTED DECLARATION I,(1, do solemnly and sincerely declare on behalf of (2 that the information contained in the application for a provisional certificate, and the documents attached to it, is correct and true in every particular and I make this solemn declaration by virtue of the (cite appropriate Act, and subject to the penalties provided by that Act for the making of false statements in attested declarations, conscientiously believing the statements contained in this declaration to be true in every particular. (3 Declared at on the Before me, (4 day of 20 (5 1. Here insert name, address and office held in the applicant company of person making the declaration. This person should be authorized to make the declaration on behalf of the applicant company. 2. Name of applicant company. 3. Signature of person making the declaration. 4. Signature of person before e whom the declaration is made. This person should be a competent person as defined in the Act. 5. Here insert title of person before whom the declaration is made. 6. Note: A penalty of imprisonment or a fine or both applies to the offence of making a false statement t in an attested declaration. 11 P a g e

12 Purpose of Revised Completion Date The purpose of this revision is to assist in the administration of the funds that the government have made available for this incentive. The Trinidad and Tobago Film Company will issue a receipt of form C. It is essential that the applicant for the final certificate is able to attach a copy of the receipt for form C to the final application if the completion date has changed resulting in a failure to lodge application within 3 months (90 days of the completion date advised in form B. Form C may be submitted at any time within the three month period post the completion date advised in form B. The revised date cannot be any later than 21 months from the date of the provisional certificate. Applicants have only one opportunity to submit form C, and should therefore be confident of the revised date. The final application cannot be submitted prior to the completion date advised in Form B or Form C if revised.

13 Trinidad & Tobago Film Company ADVICE OF REVISED COMPLETION DATE FORM C Trinidad & Tobago Film & Television Production Rebate Section A: Applicant Company information The Trinidad and Tobago Film Company Reference e Number as advised on provisional certificate: Registered company name: Registered address: Contact Name: Office/Title: Telephone: ( Business: ( Mobile: Trinidad and Tobago company number: Fax No: ( address: Section B: DETAILS ABOUT THE FILM Working Title: Date of first day of principal photography: Confirmed or revised date of completion/delivery: Note: Can be no later than 21 months from date of provisional certificate. Confidentiality Please note that all information provided by the applicant will be held by the Trinidad and Tobago Film Company on a strictly commercial-in-confidence basis. The information may be provided to the Trinidad and Tobago Revenue Service, the Trinidad and Tobago Film Company Board and an independent film production consultant only. These parties will be bound by Government confidentiality provisions to treat all such information as commercial- in-confidence. 13 P a g e

14 Trinidad & Tobago Film Company ADVICE OF REVISED COMPLETION DATE FORM C Trinidad & Tobago Film & Television Production Section C - DOCUMENTS TO BE ATTACHED TO COMPLETION DATE REVISION Please indicate whether the following attachments (including relevant legal agreements have been submitted with the Provisional Application Form: 11. Revised Post Production schedule

15 Trinidad & Tobago Film Company ADVICE OF REVISED COMPLETION DATE FORM C Trinidad & Tobago Film & Television Production Rebate Section 4 - APPLICANT ATTESTED DECLARATION I,(1, do solemnly and sincerely declare on behalf of (2 that the information contained in the application for a provisional certificate, and the documents attached to it, is correct and true in every particular and I make this solemn declaration by virtue of the (cite appropriate Act, and subject to the penalties provided by that Act for the making of false statements in attested declarations, conscientiously believing the statements contained in this declaration to be true in every particular. (3 Declared at on the Before me, (4 day of 20 (5 1. Here insert name, address and office held in the applicant company of person making the declaration. This person should be authorized to make the declaration on behalf of the applicant company. 2. Name of applicant company. 3. Signature of person making the declaration. 4. Signature of person before e whom the declaration is made. This person should be a competent person as defined in the Act. 5. Here insert title of person before whom the declaration is made. 6. Note: A penalty of imprisonment or a fine or both applies to the offence of making a false statement t in an attested declaration. 15 P a g e

16 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D Eligible Applicants Companies are eligible to apply for final certification where they: Are a production company responsible for all activities involved in making the production in Trinidad and Tobago; Possess a provisional certificate of eligibility; and Possess a form B receipt eipt indicating that the film commenced principal photography within 6 months of receipt of the provisional certificate; and Submit this final application within 3 months of the completion of the film as indicated in form B; or Possess a form C receipt eipt accepting a revised completion date, and Submit this application within 3 months of that completion date.

17 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D Section A: Applicant Company information The Trinidad and Tobago Film Company Reference e Number as advised on provisional certificate: Registered company name: Registered address: Contact Name: Office/Title: Telephone: ( Business: ( Mobile: Trinidad and Tobago Company #: Fax No: ( address: Income Tax Reference #: 17 P a g e

18 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D Section B: Film Details/Televisionelevision Production Working Title: Synopsis: Format and schedule: Feature film Mini-series Telemovie TV Series Documentary Estimated total running length (in minutes: Final Schedule number of shooting weeks: of which filmed in Trinidad and Tobago: Actual start of principal photography: Actual date of completion: If TV Series or mini series actual number of episodes: and duration of each episode: Does this application take advantage of the bundling opportunity: Yes No Twelve month period: Start (yy/mm/dd Finish (yy/mm/dd If yes, has the expenditure e claimed as QTTPE in this application been incurred inside of the nominated twelve-month period? Yes No Does the film qualify as a Trinidad and Tobago Film?: Yes No If yes, is its qualification as a Trinidad and Tobago film under an official Co production treat?: Yes No Is the film ready for distribution?: ibution?: Yes No Documentation verifying the Trinidad and Tobago ownership of all rights in the film or a copy of coproduction status. Connected expenditure Provide the name of all companies or individuals who provided goods/services in making the film and are connected with the production company or any of its associate companies.

19 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D Section B: Film Details/Televisionelevision Production (Please attach additional information on a separate sheet if there is insufficient space provided below. Has the production company taken over responsibility for making the film from another production company? Yes No If yes, the previous company or companies should be listed below with the relevant legal agreement confirming the transfer of responsibility also included as an attachment. (Please attach details on a separate sheet if there is insufficient space provided below. Registered company name: Registered address: Company number: Section C: Audited Expenditure Statement General requirements The audited expenditure statements for the film must indicate the level of production expenditure, identifying the level of Qualifying Trinidad and Tobago production expenditure, clearly and separately showing which expenditure was incurred on film production activity undertaken en in Trinidad and Tobago and which expenditure, if any, was incurred on film production activity undertaken outside of Trinidad and Tobago, and also setting out separately that portion of QTTPE that is Qualifying Labour. Auditors statement The audit should be carried out by an auditor registered with Does the appointed auditor have any connection with the applicant? Yes No Please outline that connection if applicable. (Please attach additional information on a separate sheet if there is insufficient space provided below. Production expenditure: ( TT Total production expenditure: e: ( TT 19 P a g e

20 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D a Total qualifying Trinidad and Tobago production expenditure (QTTPE TT b Total QTTPE that is Qualifying Labour TT c Rebate=(a-bx0.35+(bx0.50bx0.35+(bx0.50 TT Please provide a summary breakdown of the above as an attachment. The summary format can be in the order determined by the financiers (for example, using a particular studio chart of accounts; however, it should show all top sheet categories and include column headings and the appropriate split of expenditure as indicated below. Column 1 Expenditure item/description, for example Story and Script, Producers, Directors, Cast, etc. Column 2 QTTPE in Trinidad and Tobago Column 3 QTTPE in Trinidad and Tobago that is Qualifying Labour Column 4 QTTPE outside of Trinidad and Tobago Column 5 QTTPE outside of Trinidad and Tobago that is Qualifying Labour Column 6 Non QTTPE Column 7 Total production expenditure per summary cost report attached Column 8 Prior company expenditure (if appropriate Column 9 Payments to Connected Parties (if appropriate This summary should be supported by the same split at a detail level reconciled to the detailed cost report. The application should be accompanied by a full general ledger or bible in electronic form. Ideally the ledger should be by category to support cost allocation. It is acknowledged that in order to meet the 3 month deadline there may be some budgeted expenditure that t has not been spent. Applicants should note this expenditure in a separate column to reconcile, but this expenditure cannot be claimed as QTTPE.

21 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D Confidentiality Please note that all information provided by the applicant will be held by the Trinidad and Tobago Film Company on a strictly commercial-in-confidence basis. The information may be provided to the Trinidad and Tobago Revenue Service, the Trinidad and Tobago Film Company Board and an independent film production consultant only. These parties will be bound by Government confidentiality provisions to treat all such information as commercial-in- confidence. 21 P a g e

22 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D Section 4 - DOCUMENTS TO BE ATTACHED TO AN APPLICATION FOR A FINAL CERTIFICATE Please indicate by marking the appropriate box whether the following attachmentsts (including relevant legal agreements have been submitted with the Provisional Application Form: 1. Audited expenditure e summary in prescribed format. 2. Audited detailed expenditure. 3. Auditors statement. 3. General ledger in electronic format. 5. Final schedule as executed ed clearly noting days located in Trinidad and Tobago. 6. Certificate of incorporation/ tion/founding statement to verify the company s Trinidad and Tobago incorporation and in addition documents which state the registered address, and names and addresses of company directors/ members and public officer/accounting officer of the company/closed corporation. 7. Any agreement verifying the transfer of ownership in relation to copyright for intellectual property including promotional material, or establishing that copyright in such material is held by a Trinidad and Tobago national or resident where purchase or licensing of Trinidad and Tobago copyright expenditure is incurred before completion of the film, and is therefore being claimed as qualifying Trinidad and Tobago production expenditure. Not applicable 8. Documentation to verify the Trinidad and Tobago ownership of all rights in the film or a copy of co-production status. Not applicable 9. Full final Cast and Crew listing showing nationality/residency of each person, their ID number and total fee or salary paid to all Trinidad and Tobago nationals/residents. Attached Not attached 10. Distribution agreement or letter confirming distribution.

23 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D 11. A time-coded VHS or DVD copy of the film or extracts to evidence its completion to a standard d suitable for exhibition if at the time of application the film has not been released in Trinidad and Tobago. 12. An original and valid Tax Clearance Certificate issued by any Trinidad and Tobago Revenue Service branch office 13. Original credit order instruction form 23 P a g e

24 Trinidad & Tobago Film Company Application for Final Certificate of Eligibility FORM D Section D: APPLICANT ATTESTED DECLARATION I,(1, do solemnly and sincerely declare on behalf of (2 that the information contained in the application for a provisional certificate, and the documents attached to it, is correct and true in every particular and I make this solemn declaration by virtue of the (cite appropriate Act, and subject to the penalties provided by that Act for the making of false statements in attested declarations, conscientiously believing the statements contained in this declaration to be true in every particular. (3 Declared at on the Before me, (4 day of 20 (5 1. Here insert name, address and office held in the applicant company of person making the declaration. This person should be authorized to make the declaration on behalf of the applicant company. 2. Name of applicant company. 3. Signature of person making the declaration. 4. Signature of person before e whom the declaration is made. This person should be a competent person as defined in the Act. 5. Here insert title of person before whom the declaration is made. 6. Note: A penalty of imprisonment or a fine or both applies to the offence of making a false statement t in an attested declaration.

25 Trinidad & Tobago Film Company Trinidad and Tobago Film and TV Production Rebate Auditor s Report Trinidad and Tobago Film Company Limited Film and TV Rebate, Breton Hall 16 Victoria Avenue Port of Spain, Trinidad, W.I. We have examined the schedule of production expenditure referred to in the application dated in so far as they relate to the making of the film entitled. We confirm that the auditor responsible for the preparation of this report is registered with and is not an officer, partner, employer or employee of the applicant company or an associate of the applicant company. The applicant is responsible for the preparation of the expenditure statements. It is our responsibility to form an independent opinion, based on our examination, of those expenditure statements ts referred to below and to report our opinion to you. Basis of opinion: We conducted our audit in accordance with the Trinidad and Tobago Auditing Standards. Those standards ds require that we plan and perform an audit to obtain reasonable assurance whether the financial information is free of material misstatement. We have received all the information and documents necessary to enable us to ascertain the amount of Production expenditure and qualifying Trinidad and Tobago production expenditure (as defined in the guidelines. Our work included examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, and the presentation of those statements ts as they relate to the stated criteria ia in the guidelines. On the basis of such examination, we report that in our opinion: The total of the company s qualifying Trinidad and Tobago production expenditure is TT, of which TT is Qualifying Labour In our opinion, this schedule presents fairly, in all material respects, the production costs of the production entitled for the period ended in accordance with generally accepted accounting principles. Our examination indicates that the schedule criteria were met. (Signed (for Auditor (Dated 25 P a g e