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Cash payments made for shares of a SOFICA entitle investors to certain tax advantages in France, with respect to both corporation tax and income tax. The amending Finance Act for 2006 of 30 December 2006 significantly modified the calculation method of this tax break as far as income tax is concerned. General conditions relating to SOFICAs and to eligible works remain unchanged. Introduced in 1985, SOFICAs ( Société pour le Financement du Cinéma et de l’Audiovisuel , Company for the financing of films and audiovisual works) are public limited companies. They act as investment funds whose sole activity...

The amending Finance Act for 2006 of 30 December 2006 introduced a new tax credit for companies marketing audiovisual programmes or formats (Article 220 duodecies of the Code général des impôts - French tax code). This measure is intended to complete France’s existing public funding framework for film and audiovisual works, which since 2004 includes tax credits for production expenditure (see IRIS 2004-2: 11 and IRIS 2005-5: 12). The tax credit only applies to audiovisual works made entirely or principally in French or in a regional language of France, and its tax base is capped at 80% of their...

Article 104 of the amending Finance Act for 2006 of 30 December 2006 introduced important modifications with respect to the calculation and collection of the special tax levied on cinema admissions in France, called “TSA” ( taxe spéciale additionnelle ). It repealed notably Article 1609 duovicies of the French tax code, which previously regulated the collection of this tax. The new Articles 45 to 50 of the French Film Industry Code ( Code de l’industrie cinématographique ) now provide the legal basis for the TSA. The TSA is a monthly tax. All admission fees paid by spectators during the cinematographic...

On 22 November 2006 the Senate adopted the Bill on the television of the future, which provides for the definitive phasing out of the analog mode by 30 November 2011, the launch of high-definition television (HD TV), and the launch of personal mobile television (see IRIS 2006-9: 9). Despite the protests of the new digital television channels, the incumbent channels (TF1, Canal + and M6) will be granted a “bonus” channel, allocated to them by way of “compensation” to “make good the prejudice” in connection with the gradual phasing out of analog television. Their broadcasting authorisation would...

On 14 November 2006 the Court of Cassation delivered a noteworthy decision in a case involving an advertisement showing a photograph inspired by Leonardo da Vinci’s painting of “The Last Supper’ (and by the Da Vinci Code!) to promote a brand of clothing. Unlike the original painting, the characters here were women wearing the brand’s clothing, except for one man, whose bare back was shown. The advertisement, measuring 400 square metres, had been attached to the facade of a building in Paris for one month to mark the launch of the spring/summer collection of the brand in question. An association...