Government’s New Tax Break Rules for UK Developers Are Ridiculously Convoluted

What’s that old saying… If something seems too good to be true, it usually is. When the government first announced plans to offer UK games developers tax relief, the mood was positive, if a little cautious.

First mentioned by Chancellor George Osborne back in March, the idea was to help the UK become global leaders in videogames, animation and high-end television industries. However, in light of this week’s reveal, it seems the government is more interested in selling the UK as a tourist destination than helping it create truly ground-breaking digital experiences.

The full list of requirements can be found by clicking to open the section below, it works on a point system in which developers must score at least 16 to qualify for tax relief. The only problem lies with how these points are awarded, in fact the only way I can think to describe it is: ridiculous.

[accordions] [accordion title=”The Cultural Test”]

(1) A video game may be certified as a British video game under section 1217CB(1) of the Act only if it passes the following cultural test.

(2) A video game passes the cultural test if it is awarded at least 16 points in total under paragraphs (3) to (6).

(3) Up to 16 points shall be awarded in respect of the content of the video game as follows—

(A) Up to 4 points depending on the percentage of the video game that is set in the following locations

(i) 4 points if at least 75% is set in the United Kingdom or another EEA state;

(ii) 3 points if at least 66% is set in the United Kingdom or another EEA state or set in an undetermined location;

(iii) 2 points if at least 50% is set in the United Kingdom or another EEA state or set in an undetermined location;

(iv) 1 point if at least 25% is set in the United Kingdom or another EEA state or set in an undetermined location;

(B) Up to 4 points depending on the number of the characters depicted in the video game with the following characteristics

(i) if there are more than three characters depicted in the video game, 4 points if two or three of the three lead characters are from the United Kingdom or another EEA state or from an undetermined location or, if only one of the three lead characters is from the United Kingdom or another EEA state or from an undetermined location, 2 points if that character is the first or second lead, 1 point if that character is the third lead;

(ii) if there are only three characters depicted in the video game, 4 points if two or three of them are from the United Kingdom or another EEA state or from an undetermined location or, if only one of them is from the United Kingdom or another EEA state or from an undetermined location, 2 points if that character is the first or second lead, 1 point if that character is the third lead;

(iii) if there are only two characters depicted in the video game, 4 points if both of them are from the United Kingdom or another EEA state or from an undetermined location, 2 points if one of them is;

(iv) if there is only one character depicted in the video game, 4 points if that character is from the United Kingdom or another EEA state or from an undetermined location;

(C) 4 points if the video game depicts a British story or a story which relates to an EEA state;

(D) up to 4 points depending on the percentage of the original dialogue that is recorded in the English language or in a recognised regional or minority language as follows

(i) 4 points for at least 75%; (ii) 3 points for at least 66%; (iii) 2 points for at least 50%;

(iv) 1 point for at least 25%.

(4) Up to 4 points may be awarded in respect of the contribution of the video game to the promotion, development and enhancement of British culture.

(5) Up to 3 points shall be awarded in respect of work carried out in the making of the video game as follows

(a) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom

(i) conceptual development; (ii) layout and storyboarding;

(iii) programming;

(iv) visual design;

(b) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom

(i) performing and recording the music score created for the video game;

(ii) voice recording;

(iii) audio production;

(iv) picture production.

(6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the video game as follows

(a) 1 point if the project leader (or, if there is more than one, the main project leader) is a qualifying person;

(b) 1 point if at least one of the scriptwriters (or, if there are more than three, one of the three lead scriptwriters) is a qualifying person;

(c) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;

(d) 1 point if the artist (or, if there is more than one, the lead artist) is a qualifying person;

(e) 1 point if the programmer (or, if there is more than one, the lead programmer) is a qualifying person;

(f) 1 point if the designer (or, if there is more than one, the lead designer) is a qualifying person;

(g) 1 point if at least one of the heads of department is a qualifying person;

(h) 1 point if at least 50% of the development team are qualifying persons.

[/accordion] [/accordions]

Up to 4 points can be earned if the game takes place within the UK, with 4 more points on offer if most of the characters featured in the game are British. That’s 8 points, half the required total, for creating Eastenders: The Game – but what about non-narrative, even non-character driven games, where does this leave them?

The answer sadly is out in the cold, and that’s without even mentioning the other side of the coin, which incentivises developers to hire only UK personnel for certain roles. So irrespective of talent if a developer is not headed by British programmers, designers, and artists they aren’t eligible for a large number of points.

This proposed legislation has clearly been drafted up by someone with little to zero understanding of videogames as a medium, or the diverse and complex nature of the UK industry. For the few developers this will actually benefit it’s fantastic news but for the rest, it just feels likely to be a big disappointment.