Production company structures for Producer Offset projects: What is the best structure for your project?

When setting out to produce a new film or TV project one important task of a producer is to consider the most appropriate company structure for the project.

Each project is different and will have its own unique requirements but there are some key considerations which are likely to arise. These include:

• Eligibility for and maximising the return from the relevant Australian Screen Production Incentive – for projects which intend to utilise the Producer Offset, Location Offset or PDV Offset.
• Financing – Financiers and investors will often have certain company structure requirements.
• Protecting the assets of the producer.

Maximising the screen production incentives

Producers need to comply with the guidelines and eligibility requirements for the relevant offset. We will focus here on the Producer Offset. For the Producer Offset, the applicant must be an Australian company or a foreign company with an Australian permanent residency and an ABN.