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Invicta Capital, a British tax specialist, insisted that money put up by the millionaires that make up its client base would be secure because Sony Pictures, the film’s producers, have pledged to return the £100 million being raised.
Mohammed Yusuf, the chairman and chief executive of Invicta, said: “We’ve had a number of phone calls today from some investors checking to see if their money will be secure. Even if the copyright action against Dan Brown [The Da Vinci Code’s author] succeeds in halting the release of the film, our payments from Sony are guaranteed.”
The film finance specialist is worried that some of its clients could pull out, potentially leaving it with a large liability on a deal that had been thought to be secure.
Invicta’s role lays bare the world of film financing, in which Hollywood studios form partnerships with financiers, who devise ways of reducing the mounting cost of producing a film.
The Da Vinci Code is thought to have cost close to $200 million (£114 million) to make. Starring Tom Hanks and Sir Ian McKellen, the movie is due for release in Britain on May 19 — assuming that its distribution is not prevented by the High Court copyright dispute brought by two authors who claim that Dan Brown stole their work.
The London-based Invicta takes advantage of British tax rules to provide capital that allows Sony to reduce dramatically its cost of borrowing. Because The Da Vinci Code was partially shot in the UK, it qualifies for the outgoing regime of tax breaks, which are gradually being phased out by Gordon Brown, amid allegations of abuse.
“There’s no way that this film won’t qualify, even if there would be an issue with the release of the film,” Mr Yusuf said. “It’s shot in Britain, it will be complete by April 5 and it is intended for theatrical release.”
In the financing scheme for the movie, Invicta buys the entire film from Sony for £100 million, and then immediately leases it back to the producer. Invicta covers its cost by raising cash from wealthy individuals, typically City bankers, whose individual investment often amounts to £2 million to £3 million.
The investors’ money is then guaranteed by a stream of payments from Sony, made over a 15-year period. However, those participating do not profit directly from the investment in the fund. Instead, they benefit from deferring tax bills that run into hundreds of thousands of pounds.
The Invicta scheme is structured in such as way that investors get access to some of the money that would otherwise have gone to the taxman. That allows them to profit from the capital before their tax bill eventually falls due.
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