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GUEST OPINION: Investing In Film - Time For Another Take?

Kirsty Bell

Nyman Libson Paul

17 December 2013

London-based accountancy Nyman Libson Paul has specialised in managing the financial affairs of the entertainment industry for 80 years, and is now using that expertise to launch a series of film EIS vehicles under the banner of “Goldfinch Pictures Ltd”. Here, NLP partner – and successful filmmaker – Kirsty Bell explains how measures like better finance structures will encourage more investors to get involved in film.

Film investment badly needs an image overhaul – and not just so that the UK’s vibrant film industry can continue to thrive. Most clients and advisors will know that film investment is strongly supported by government tax incentives. What they may not know is how far filmmakers are rolling out the red carpet to attract investors. Innovative finance structures are turning the old ways on their head, meaning that clients can invest in film with more confidence than ever before.

As someone who is passionate about UK film as well as being a tax specialist, it pains me to see how misunderstood film investment is. Some associate it with tax evasion while others see film projects as mere vanity investments akin to black holes swallowing up endless capital with precious little hope of returns.

There’s no denying that film investment has had some pretty poor press over the years. Tax breaks rolled out in the 1990s were abused by some parties and just last year certain celebrities hit the headlines over dubious film investment schemes. But while tax planning and film investment continue to be mentioned in the same breath, today it is for all the right reasons. To put it bluntly, pre-2007 some film finance schemes were about “playing the rules” on tax. In contrast, the EIS, Seed EIS and tax credit incentives taken advantage of today are entirely legitimate. In fact, HMRC smiles on tax-incentivised film investment to such an extent it is probably the most supported industry in the UK today.

The tax incentives prompting high net worth investors to invest in EIS vehicles are certainly very generous. They also go a long way towards mitigating investors’ fears of losing money. The income tax relief for EISs has been raised from 20 per cent to 30 per cent, meaning that the government is essentially funding almost a third of any EIS investment. Furthermore, higher-rate taxpayers can obtain loss relief of up to 65 pence in the pound, which effectively gives them a government-backed safety net should investments not succeed.

These tax breaks offer a good deal of reassurance, but savvy EIS firms (and film production companies) are going much further to allay investors’ concerns. They are building investor protection into the finance structure from the off and making sure that equity investors are first in line to get paid – not, as has often been the case, at the bottom of the pile.

Equity investors often step in towards the end of a project to save the day, providing the capital to ensure a film in post-production has a score or creating a distribution budget which will ensure a finished film is actually seen by audiences. It is therefore pretty ironic just how poorly investors are sometimes treated in return – even in the case of angel investors who fund a big chunk of a project. Their money is swallowed up and they have little notion of when, or even if, they will see a return. A project may be wildly successful and yet investors may not see any upside for a long time. This is the antithesis of our approach, and of the production companies we work with.

Last in, first out

Put simply, the way we structure our film deals ensures that our investors are “last in, first out”. We put them in first position on the recoupment schedule and build in mechanisms to make sure they get paid back straight away. As part of government moves to encourage film production in the UK, production companies can claim a 25 per cent cash rebate when making films with a budget under £20 million. Under our EIS these tax credits come straight back to Goldfinch Pictures, as do the pre-sales contracts up to the amount Goldfinch has invested in the project. This way we ensure clients’ money is recovered (plus a premium, hopefully).

It would be easy to assume that production companies begrudge us these terms, but nothing could be further from the case. They are looking for repeat investment and know that fostering investor confidence is the only way to secure it. The fact that the flagship Goldfinch EIS will only be providing gap funding means that its investors really will be the final link in the chain. The production companies we work with rightly want to recognise that contribution by offering investors as much certainty as possible. The £50,000 ($816,722) minimum investment EIS vehicles typically ask of investors may be relatively modest, but it is still a sum one would want to feel secure about seeing again.

Greater transparency and more intelligent structuring is undoubtedly where film investment is heading. What the film and finance sectors now need to do is get the message out there that, while the world of film might be fickle and unpredictable, investing in it doesn’t have to be. Many investors are drawn to film EISs because they want to get involved creatively in the industry, and this certainly happens, but I always counsel clients to think of film assets and finance structures in the same light as any other. The investment case needs to stand up in its own right, and to our mind that means prudently investing in a diversified portfolio of projects which have a reasonable chance of success – rather than betting the farm on the next runaway hit. Some very well respected figures in film sit on the board of Goldfinch, but even with that expertise we remain cautious. 

Realistic return expectations, strict recoupment covenants and sensible diversification may seem a million miles away from the glitz, glamour and creative passion associated with the film industry – but this is the only way film investment will regain its shine for investors. Done well, film EISs can be incredibly useful investments for HNW individuals. The continued growth of the UK film industry depends on more of them knowing that.