I propose to take Questions Nos. 400 and 401 together.
Where companies claim the Film tax credit, the amount is offset against corporation tax (CT) liabilities of the company. In the event that the value of the film tax credit is greater than the company’s CT liabilities, any excess can be repaid to the company by Revenue.
Companies claiming the R&D tax credit, the digital games tax credit or the unscripted production tax credit can elect to have the credit treated as an overpayment of tax for the purposes of section 960H TCA 1997 or paid to the company by Revenue. Where a company elects to have the credit treated as an overpayment of tax for the purposes of section 960H TCA 1997, the amount is offset against any tax liabilities of the company, in accordance with the rules regarding offsets as set out in the Taxes (Offset of Repayments) Regulations 2002 (SI No. 471/2002). In general, and subject to the specifics of each tax incentive and the facts and circumstances, the taxes against which the credit may be offset, as may be relevant to companies, include CT (including any CT liabilities from prior accounting periods), Value-added Tax (VAT), employer’s PAYE, Relevant Contracts Tax (RCT), Income tax (other than employer’s PAYE) and Capital Gains Tax (CGT).
The Deputy may also be aware of the Start-Up Relief for Entrepreneurs (SURE), which is an income tax relief for entrepreneurs who leave PAYE employment to set up their own company. Individuals can receive a refund of income tax paid over the current and prior six years of assessment where that individual establishes a new trading company and invests cash through the purchase of shares. Further information on SURE is available on the Revenue website at: www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/investment/relief-corporate/start-up-relief-for-entrepreneurs.aspx
Further to the response provided to PQ 13295/26, the Research & Development (R&D) tax credit, the Film tax credit, the Unscripted Production tax credit and the Digital Games tax credit are payable tax credits which may provide cash payments to companies. PQ 13295/26 set out further details in respect of each of these measures. These tax credits are available to companies only and not to sole traders.