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PRODUCTION INCENTIVES
RECENT UPDATES - April 12, 2011
Proposed legislation updates for:
ALABAMA
ALASKA
ARKANSAS
CALIFORNIA
CONNECTICUT
FLORIDA
GEORGIA
HAWAII
ILLINOIS
INDIANA
KENTUCKY
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MISSOURI
MONTANA
NEVADA
NEW YORK
NEW YORK - New York
NORTH CAROLINA
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
WASHINGTON
Film Commission updates for:
COLORADO
CONNECTICUT
DISTRICT of COLUMBIA
FLORIDA
IDAHO
KENTUCKY
LOUISIANA - Jefferson Parish
NEW MEXICO
NORTH CAROLINA
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
TEXAS
AUSTRALIA - New South Wales
AUSTRALIA - Victoria
GERMANY
ITALY - Apulia
NEW ZEALAND
SOUTH KOREA - Busan
TRINIDAD and TOBAGO
UNITED KINGDOM
U.S. FEDERAL
Sunset/Review:
December 31, 2011
ALASKA
Compensation and Project Caps/Funding Per Year:
Aggregate tax credits = $100,000,000 (approximately $67,000,000 remaining as of January 1, 2011)
ARIZONA
The film production tax credit expired on December 31, 2010. See our
CALIFORNIA
Applications for the next fiscal year's credits were accepted beginning on June 1, 2010 and the program is now fully subscribed through June 2011. Any projects wishing to apply now will be put on the waiting list, pending any credits that may become available. Applicants that want to apply for the waiting list may want to call the California Film Commission to determine the length of the list and the potential for available credits. Legislation has been introduced which would extend funding at $100,000,000 per year through June 30, 2019.
Compensation and Project Caps/Funding Per Year:
No compensation caps; feature film budget cap of $75,000,000; "independent film" budget cap of $10,000,000 in "qualified" expenditures; $100,000,000 funding per fiscal year from 2009-2010 to 2013-2014; = $10,000,000 per year set aside for "independent films"; annual allotment on first-come, first-served basis App inst - Applications will be accepted on June 1, 2011 for the July 2011-12 fiscal year funds.
COLORADO
Compensation and Project Caps/Funding Per Year:
$3,000,000 cap on compensation; 2009-2010 fiscal year funding is set at $600,000 by the General Assembly; unused prior year funding to carry over
FLORIDA
Compensation and Project Caps/Funding Per Year:
$242,000,000 in credits available for five years starting July 1, 2010; credit is capped at $8,000,000 per "general production queue" project, $125,000 per "independent and emerging media production queue" project, and $500,000 per "commercial and music video queue" project; wages and compensation are capped at $400,000 per person; annual funding caps are 2010-2011 = $53,500,000, 2011-2012 = $74,500,000, and 2012-2013, 2013-2014, and 2014-2015 = $38,000,000; annual funding is allocated as follows: 94% for the general production queue, 3% each for the independent and emerging media production queue, and 3% for the commercial and music video production queue; surplus credits from the smaller queues can be carried forward to the next year's general production queue; once the annual funding allotment is exhausted, applications roll over to future years' funding within the applicable queue
HAWAII
More specific guidance is provided in Tax Information Release No. 2009-05, No. 2010-04 and No. 2006-02.
INDIANA
Compensation and Project Caps/Funding Per Year:
No per project cap; $2,500,000 annual funding;$2,100,000 available until July 1, 2011
MICHIGAN
The Film Office is operating under the Governor’s proposed budget for Fiscal Year 2012, which caps funding for the incentive at $25,000,000. Applications will be reviewed and preference given to those projects that best meet the current statutory incentive criteria, subject to any legislation that may be in development by the legislature.
MINNESOTA
Compensation and Project Caps/Funding Per Year:
$1,225,000 appropriation through June 30, 2011, or until expended (please check www.mnfilmtv.org for up-to-date fund availability)
MISSISSIPPI
Benefit
(if eligibility requirements are met): 25% of the qualifying local spend; 25% of payroll paid to non-residents and 30% of payroll paid to resident
Project Criteria:
Minimum local spend = $50,000 in base investment and/or payroll
Sunset/Review:
No sunset date for the main rebate; non-resident payroll rebate expires on June 30, 2014
MISSOURI
Loan Out Considerations:
Loan-out companies must register with the Missouri Secretary of State.
NEW JERSEY
New Jersey has suspended the use, claim, or redemption of tax credits for qualified film and digital media content production expenses during Fiscal Year 2011, which began July 1, 2010, and ends June 30, 2011. However, new applications will continue to be accepted and reviewed for approval.
No film or digital media tax credits (whether earned or purchased) can be utilized to reduce the corporation business tax or the gross income tax on a tax liability with an original due date after June 30, 2010, and before July 1, 2011. The suspension does not prevent the processing or approving of applications for credits or applications for transfer/sale during the suspension.
NEW MEXICO
New incentive legislation (
HB 607
) has been enacted, effective July 1, 2011.
PENNSYLVANIA
Governor Corbett's proposed 2011-12 budget includes a $60,000,000 annual cap on the tax credit.
Compensation and Project Caps/Funding Per Year:
There is a $15,000,000 per project cap on aggregate compensation paid to performing artists; the annual funding for 2010-2011 is $60,000,000; funding for 2011-2012 is $60,000,000
TEXAS
Compensation and Project Caps/Funding Per Year:
No caps; compensation in excess of $1,000,000 is excluded; approximately $3-0,000,000 available for each fiscal year for 2010 and 2011
UTAH
Benefit
(if eligibility requirements are met): 25% of the "dollars left in the state"
Compensation and Project Caps/Funding Per Year:
Tax credit offered without a per project cap; funding for the tax credit is capped at $6,793,700 per fiscal year ($3,700,000 remaining for the tax credit as of March 16, 2011); cash rebate offered with a maximum cap of $500,000 per project; no additional funding for the 2011-2012 fiscal year ($3,700,000 remaining for the cash rebate as of March 16, 2011)
Sunset/Review:
None
WYOMING
Compensation and Project Caps/Funding Per Year:
No per project cap; $1,300,000 remains in the fund; $900,000 will be added July 2011
CANADA - Alberta
Project Criteria:
The production must be supported by a broadcast license of FMV or a distribution agreement and be shown within two years of completion; must be an eligible genre; AB spend must be > C$50,000 for projects with a commercial license and C$100,000 for projects without a commercial license; production must provide evidence of 70% confirmed financing for projects < C$1 million, and 50% confirmed financing for projects < C$1,000,000; the projected grant may be included as part of the confirmed financing; must also provide either (1) audited financial statements for productions > C$500,000, (2) an engagement review for productions between C$200,000 and C$500,000, or (3) an uncertified final cost report with a statutory declaration for productions < C$200,000; application must be submitted prior to the start of principal photography
CANADA - New Brunswick
The budget announcement included a phase-out of the film tax credit in 2011–2012. Pre-production applications for the film tax credit that received approval prior to March 22, 2011, will continue to be eligible for the NB film tax credit. Applications received on or before April 5, 2011, may have been pre-approved to be eligible for the film tax credit.
CANADA - Nova Scotia
Benefit
(if eligibility requirements are met): For productions commencing principal photography on or after December 1, 2010 — 50% of eligible NS labor; for productions commencing principal photography prior to December 1, 2010 — the lesser of 50% of qualifying NS labor expenditures or 25% of total NS production costs; Regional Credit BONUS: 10% of qualifying NS labor expenditures for productions shooting outside metro Halifax; tax credit caps at 30% of total production costs; Frequent Filming BONUS: 5% of qualifying NS labor expenditures on third film shot within 2-year period (not capped)
Project Criteria:
Effective for productions beginning principal photography on or after December 1, 2010, there is no cap on labor costs for NS residents (including personal service corporations); an eligible employee must be a NS resident for tax purposes during the project or production period; also qualifying are wages and salaries paid to Nova Scotians for work performed outside province; projects with budgets > C$500,000 require an audited cost report; budgets > C$100,000 require a review engagement report; budgets < C$100,000 require a producer’s affidavit certifying the final cost report
FIJI
Compensation and Project Caps/Funding Per Year:
FJD$8,750,000 per project
ITALY
Sunset/Review:
June 30, 2011
SOUTH AFRICA
Compensation and Project Caps/Funding Per Year:
R20,000,000 per project; R246,899,000 for 2010-2011, R268,873,000 for 2011-2012, and R290,305,000 for 2012-2013