I. – Phonographic production companies within the meaning of Article L. 213-1 of the Intellectual Property Code, subject to corporation tax, are eligible for a tax credit in respect of expenditure on the production, development and digitisation of a phonographic or videographic musical recording (music video or multi-purpose digital music disc) referred to in III, provided that they are not owned, directly or indirectly, by a television or broadcasting service publisher.
II. – Expenses incurred for the production, development and digitisation of a phonographic or videographic musical recording (music video or digital versatile musical disc) meeting the following cumulative conditions are eligible for the tax credit:
a) Be carried out by companies and technical industries linked to phonographic production that are established in France or in another Member State of the European Union or in another State party to the Agreement on the European Economic Area that has concluded an administrative assistance agreement with France with a view to combating tax evasion and avoidance and that carry out there the services linked to the production of a musical phonographic or videographic recording as well as to post-production operations;
b) Cover albums by new talent defined as artists, groups of artists, composers or performers who have not exceeded a sales and listening threshold defined by decree for two separate albums preceding this new recording. With regard to self-expression albums, the benefit of the tax credit is reserved for albums by new talent, at least half of which are in French or in a regional language used in France, and for albums by new talent, composed of one or more works free of copyright within the meaning of the articles L. 123-1 to L. 123-12 of the Intellectual Property Code. By way of derogation, for businesses that meet the definition of a microenterprise given in Article 2(3) of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, French-language albums that do not fall into one of these two categories are eligible for the tax credit up to the number of French-language albums or albums in a regional language used in France, produced in the same year during the same financial year by the same company. The headcount threshold is calculated excluding staff paid on a fee basis. In the case of albums by new talent, the benefit of the tax credit is assessed at the level of the company liable for corporation tax for all the albums it produces each year.
III. – The tax credit, calculated in respect of each financial year, is equal to 20% of the total amount of the following expenses incurred before 31 December 2024, for operations mentioned in II carried out in France, in another Member State of the European Union or in another State party to the Agreement on the European Economic Area that has concluded an administrative assistance agreement with France to combat tax fraud and evasion, provided that they are included in the determination of taxable income:
1° For expenses corresponding to the costs of producing a phonographic or videographic musical recording:
a. – The company’s non-permanent staff costs: salaries and social charges relating to performers, the director, the sound engineer and technicians hired to make a phonographic recording by the production company;
a bis) The company’s permanent staff costs directly involved in the works: salaries and social charges relating to label assistants, product managers, label coordinators, sound technicians, production managers, artistic managers, artistic directors, label directors, label lawyers, space managers (physical and digital), royalty managers, intermittent payroll managers, cost accounting managers;
a ter) Remuneration, including social charges, of the manager(s) corresponding to their direct involvement in the production of the works;
b. – Expenses relating to the use of recording studios and the hire and transport of equipment and instruments;
c. – expenditure relating to the graphic design of a phonographic recording;
d. – Post-production expenses: editing, mixing, coding, mastering and costs of creating visuals;
e. – Expenses relating to the cost of digitising and encoding productions;
f. – expenditure relating to the making and production of images associated with the phonographic recording.
2° For expenditure relating to the development of phonographic or music video productions mentioned in II:
a. – The costs of rehearsing titles that have been recorded under the conditions mentioned in II (studio hire, hire and transport of equipment and instruments, salaries and social charges relating to the persons mentioned in a of 1° of this III and the following permanent staff: site administrators, press attachés, promotion coordinators, graphic designers, layout artists, new media product managers, synchronisation managers, new media managers, new media assistants, promotion directors, marketing directors, export managers, export assistants, digital project managers, data analysts, data managers, royalty managers, digital marketing service providers, remuneration, including social charges, of the manager(s) corresponding to their direct participation in rehearsals);
b. – expenditure incurred to support the production of concerts by the artist in France or abroad, the overall amount of which is fixed in an artist or licensing contract;
c. – expenditure incurred in respect of the artist’s participation in television or radio broadcasts as part of the promotion of the approved work, provided for in the artist or licence contract;
d. – expenditure relating to the making and production of images, other than those mentioned in f of 1° of this III, enabling the development of the artist’s career;
e. – Expenses relating to the creation of a website dedicated to the artist as part of the development of their career in the digital environment.
The remuneration of a manager mentioned in a ter of 1° and a of 2° may not exceed an amount set by decree, subject to a ceiling of €50,000 per year. This remuneration is only eligible for the tax credit for small businesses, within the meaning of Article 2 of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty;
The amount of so-called development expenditure eligible for the tax credit is limited to €700,000 per phonographic or music video recording. This expenditure must be incurred within eighteen months of the fixation of the work within the meaning of Article L. 213-1 of the Intellectual Property Code or the production of a multi-purpose digital music disc.
The amount of expenditure defined in 1° and 2°, when entrusted to the companies mentioned in a of II, is capped at €2,300,000 per company and per financial year.
III bis. – The rate mentioned in the first paragraph of III is increased to 40% for companies that meet the definition of micro, small and medium-sized enterprises given in Annex I to the aforementioned Commission Regulation (EU) No 651/2014 of 17 June 2014.
IV. – Expenditure qualifies for the tax credit from the date of receipt by the Minister responsible for culture of an application for provisional approval certifying that the phonographic or music video productions meet the conditions set out in II. This approval is issued following the opinion of a committee of experts, whose operating procedures are specified by decree, on the basis of supporting documents including in particular:
a. – per performer or composer, a list of previous albums, in chronological order of first release in France and their results in terms of number of units sold;
b. – the list of albums as defined in II by projected date of first marketing for the current financial year;
c. – For the calculation of the threshold mentioned in the last paragraph of III, the list of all productions as defined in b of II, marketed in the two years preceding the reference year for the calculation of the tax credit.
V. – Public subsidies received by companies in respect of expenditure entitling them to the tax credit are deducted from the bases for calculating this credit.
VI. – 1° The sum of tax credits calculated in respect of eligible expenditure may not exceed €1,500,000 per company and per financial year.
2° In the case of co-productions, the tax credit is granted to each of the companies in proportion to its share of the expenditure incurred.
VII. – The benefit of the tax credit referred to in I is subject to compliance with Article 53 of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.