Newsletter - State aid and investment: Film production incentives

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Amendment to Act No. 516/2008 Coll. on the Audio-Visual Fund

Expected effective date: 1 January 2014

The objective of the upcoming law amendment is to make Slovakia more attractive as a destination for large film productions which will be able to apply for reimbursement of a certain part of their expenses. The amendment has been approved by the Slovak government and has been submitted to Parliament for discussion.

Cinematographic work:

The Audio-Visual Fund will provide funds to support the audio-visual industry and the production of films such as live-action films, documentary films, animated cinematographic works or pieces for TV broadcasting to the extent of at least 70 minutes, or episodes of a multi-part serial with an average duration of at least 40 minutes per episode.

The content of works which may apply for a subsidy must meet the following conditions:

  • it complies with the respective EU law which is approved by a so-called ‘cultural test’; the specimen form for this test will be enclosed as an Appendix to the Act or to the co-production statutes;
  • it does not support violence and does not even promote it in any form, by no means offends human dignity or infringes Slovak law in any other way; and
  • does not have pornographic character.

An applicant for a subsidy:

An applicant for a subsidy may be either an individual entrepreneur, fully capable of legal acts, or a legal entity which is a producer or co-producer of a film project for which the application for subsidy is made.
In the case of a film project performed in co-production, the applicant for a subsidy may only be one co-producer authorized in writing for this purpose by the other co-producers.

Registration of a film project:

The application for registering a film project has to be filed by the applicant for a subsidy and comprise the following:

  • the completed form for the cultural test or a co-production statute;
  • a content-related plan and an investment plan of the registered project, containing the expected amount of the total budget and the assumed amount of eligible costs, including a time schedule; and
  • a certificate confirming the payment of an administrative fee of EUR 1,000.

The film budget and eligible costs:

The total projected budget of a cinematographic work cannot be lower than EUR 2,500,000, and the reimbursed eligible costs must reach at least EUR 2,000,000.

Costs will be considered eligible if they are directly related to the realization of the film project and were incurred and paid in Slovakia after issuing a certificate about the registration of this film project, if it was:

  • a payment for goods or services to a person seated or having a place of business in Slovakia and registered with a Slovak Tax Office; or
  • a payment of a reward or salary to an individual if such a reward or salary is taxed in Slovakia.

Amount of the subsidy:

The funds for fostering the audio-visual industry will be paid in the form of a subsidy in the total amount of 20% of eligible costs.