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The establishment a state aid scheme to support the film industry

In this issue:

Government Decision no. 712 amending and supplementing the Government Decision no. 421/2018 for the establishment a state aid scheme to support the film industry

 

Main amendments:

  • The provider of this scheme is the Ministry of Economy, Energy and Business Environment, prior to this amendment it was the National Commission for Strategy and Forecast.
  • The definitions of the following terms are reformulated: the date of granting the state aid, the financing agreement, the state aid intensity, the obligation to territorialize the expenses, the date of starting the project.
  • The definitions of the following terms are introduced: parody, documentary, cultural product.
  • This state aid scheme has a multi-annual character and runs until 31 December 2023, with the possibility of extension under certain conditions.
  • The payment of the state aid is made in the period 2018-2025 and will cover a maximum of 45% of the eligible expenses for film production made in Romania, based on the financing agreements concluded, within the budget credits approved annually by the state budget law for this time schedule.
  • The maximum budget of the scheme is 1,200,000 thousand lei, respectively the equivalent of approximately 250 million euros.
  • The financing agreements are concluded in the order in which the decisions of the Film Commission in Romania are to be issued within the budget allocated in the following year, in accordance with the provisions of the annual budget laws, within the maximum budget of the scheme.
  • The state aid scheme does not apply to enterprises that have links with countries included in the European Union list as non-cooperating jurisdictions for tax purposes, as well as to enterprises that have been convicted of serious financial crimes, including financial fraud, corruption, non-payment of tax obligations and of those in matters of social security.
  • In order to be considered eligible, projects must fall into the category of "cultural product"
  • A new obligation is introduced to present a post-production contract and the expenditure of the corresponding budget, as well as a sworn statement In addition, the beneficiary will submit to the state aid scheme provider the electronic registration of the final cultural product within a maximum of 5 years from the date of submission of the funding application.
  • Amendments are introduced regarding the Selection Commission.
  • Within 30 working days from the date of entry into force of this GD, the following will be approved by order of the Minister of Economy, Energy and Business Environment:
 
      1. Criteria for clasification as a cultural product;
      2. The funding application form, the list of supporting documents accompanying the funding application, the project selection procedure and the indicative structure of the project budget, with details on the eligible expenses;
      3. The monitoring procedure of the projects accepted for financing;
      4. The payment request form, the list of supporting documents accompanying the payment request, the analyșis, settlement and reimbursement procedure.
 

For more details, please see Official Gazette no. 790 of 28 August 2020 or you can contact us directly in order to clarify any questions you may have regarding the content presented above.

 
Prepared by:
Andreea Cosmanescu Tax Senior Manager - Direct Tax
Teona Braia ― Tax Senior Consultant - Direct Tax
 
For additional information, please contact:
Alex Milcev, Partner ― Tax & Law Leader Romania
Mihaela Mitroi, Partner ― Southeastern Europe Tax and Law Leader
 
Ernst & Young SRL
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