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German
Media Funds Could Vanish
Why
Germany's film industry could lose its private funding. by Cornelia
Bauer
Germany
has established a variety of national and regional film funding
schemes. This funding is also available for international co-productions.
Unfortunately, it appears that these tax advantages will be abolished
at the end of this year. As a result, private media funds in their
present form will disappear as an important financing source for
film productions in Germany. The attractiveness of Germany as a
production location will likely also fade with this change.
The
current government, as well as the opposition party, CDU/CSU, have
announced their intention to close tax loopholes and to abolish
the lucrative loss-allocation possibilities in order to finance
the reduction of the corporate income tax. In actual fact, during
the last few years German private media funds have promoted the
film industry in Hollywood rather than indigenous film productions.
Of approximately (Euro)15 billion of private capital invested in
media funds by Germans since 1997, only 10-15 % has actually benefited
the German film industry. Nearly 80 % of this amount went into film
productions in the USA.
Of
course, private investors put more value on how much success the
film project concerned promises than on the nationality of the film
industry they promote. Given that Germany is the only country where
the incentive for investors is not linked to a local spend, movies
like Terminator or Lord of the Rings were financed by German private
funds, which are often referred to as "Stupid German Money".
Film
is an economic and cultural good of great significance for a country.
In order to strengthen and develop the German film industry, public
funds are rightly regarded as indispensable.
National
and regional film funds in Germany provided more than (Euro) 240
million in 2004. Private capital invested in media funds amounted
to (Euro) 1.5 billion. The goals and motivation of private and public
funds are different and while the state sets high value on cultural
and qualitative aspects, private investors focus exclusively on
business that pays. Hence, the coexistence of both is necessary
to promote and strengthen the national film industry.
The
current situation in Germany (to the alarm of the film industry)
is that politicians have decided to abolish tax advantages before
establishing alternative support measures. Both the Canadian wage
subsidy approach, and the UK sale and leaseback model, have been
discussed by German politicians and producers. Since tax credits
involve a direct subsidy, which would not be viable in Germany at
the moment, and since they would require a higher capital expenditure
than sale and leaseback, it is very unlikely that the Canadian model
will be adopted. Indeed, a lot of politicians, as well as the producers'
lobby group film20, have argued for the introduction of a sale and
leaseback model similar to the one in the UK. Christina Weiss, the
State Minister for Culture and Media, has suggested that the creation
of a (Euro) 90 million venture capital fund could replace the private
media funds.
All
parties seem to agree that other fiscal parameters must be introduced
as soon as possible to bolster local productions in Germany and
to again make it attractive as a location for international productions.
Cornelia Bauer is a German law student currently working with the
Vancouver law firm of Roberts & Stahl.
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