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"It is all a matter of how the investment is structured," says Perpetual Investment financial planning head Steven Davis, who is generally opposed to tax minimisation schemes. "We believe there is no point in losing a dollar to save 48.5 cents in tax. The most important issue investors should always consider is the quality of the underlying investment." Investing in filmmaking holds a certain appeal for many small investors, but you're unlikely to find yourself walking down the red carpet with the likes of Nicole Kidman on opening night. Investors in the Australian-made Moulin Rouge were burnt when the Federal Court ruled that the scheme was really tax avoidance because the investors had loss insurance, so were not risking their money. This made their investment ineligible for a tax break under Division 10B of the Tax Act. "There can be no guarantees as to either the availability of tax deductions, the projected investment returns, or, for that matter, the return of the original investment," says Mr Davis. Still, since the late 1970s, successive governments have encouraged investment in Australian filmmaking. In 1980 the Fraser government granted a 150 per cent tax concession for film investors. This meant that for each dollar invested, investors could write-off $1.50 against their income. Fifty per cent of income was also tax exempt. However, the generous concessions led to some highly speculative investments - and some really bad films - and governments have since reduced the level of deduction to 100 per cent. The rules have also been tightened. Under the present government, the film must appear to be commercially viable; it must be properly and tightly budgeted; and the investor's money must be at risk. They must also have a product ruling from the tax department. Still, not even a product ruling is a guarantee that your claimed deductions will be accepted. If the Tax Office deems that the managers of the film fund have not adhered to the prospectus, it can reject all claims. Paul Banks, an associate director in investment banking at Macquarie Bank, says the merchant bank's joint film fund, now in its second year, fulfils both the Government's and Tax Office's requirements. "When we look at any alternative investment we're looking firstly at the commercial merit, then the return and the way we can structure it," he says. "In particular some of the tax angles we can effectively structure to deliver either a more certain return to investors, or a bigger return." Macquarie got into the sector in 1998 following a Federal Government review of film financing by Hoyts chairman David Gonski that advocated a radical policy change. No longer relying solely on government subsidies with tax breaks under section 10BA of the Tax Act, the review proposed a new mechanism: Film Licensed Investment Companies (Flics), with tax advantages for investors. The plan was to replace 10BA with special private-sector investment companies that would allow more generous deductions. Two companies - Macquarie Film Corporation and Content Capital - were eventually licensed, and they raised up to $40 million in concessional capital over two years. While the future of Flics won't be known until the budget is brought down tomorrow night, Macquarie has joined Hoyts and Channel Nine to create the Macquarie Nine Film & Television Fund. "We are convinced there is a commercial argument that supports the industry," says Mr Banks, adding that the fund aims to raise at least $20 million by June 30 with a minimum investment of $5275 for each retail investor. The fund promises a guaranteed minimum income of 55 cents of every dollar invested over the seven-year fixed term of the fund. This is made possible by the pre-sale of television series to Channel Nine, which will also help to promote the films when released. Mr Banks says the mixture of TV shows - this year McLeod's Daughters and Bachelor Kisses - and film provides diversity, while making possible breakout successes like Crackerjack, which was funded by Macquarie under the Flics scheme and became Australia's highest-grossing film last year. For someone who invests $100, Mr Banks says, ignoring fees, they will receive $48.50 as a 100 per cent tax deduction on top of a guaranteed income of $28.33, giving a return of $76.83, even if no films make a profit. Apart from banking on box-office success, the fund is also hoping to generate revenue from the sale in the growing markets of DVDs, videos and pay TV.
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