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Recent News & Updates
January 24, 2012
EP Sponsored Women in Film (WIF) in Park City 2012

January 16, 2012
EP Incentive Solutions Update Available

January 13, 2012
EP Incentive Solutions Update Available

January 11, 2012
W-2 Hotline Now Active

December 8, 2011
Joseph Chianese Moderated 411 Publishing Webinar on Post Production Incentives

PRODUCTION INCENTIVES

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RECENT UPDATES - May 26, 2010

  • Proposed legislation updates for:
    • U.S. FEDERAL
    • ARIZONA
    • COLORADO
    • FLORIDA
    • IOWA (removed)
    • KENTUCKY (removed)
    • MARYLAND (removed)
    • MASSACHUSETTS (removed)
    • MICHIGAN
    • MINNESOTA (removed)
    • MISSOURI
    • NEBRASKA (removed)
    • NEW JERSEY
    • NEW YORK
    • NORTH CAROLINA
    • VIRGINIA
    • CANADA - Alberta
    • CANADA - British Columbia
    • CZECH REPUBLIC

  • Film commission updates for:
    • ALASKA
    • CALIFORNIA - San Francisco
    • CONNECTICUT
    • GEORGIA
    • MASSACHUSETTS
    • MISSISSIPPI
    • NEW YORK - New York
    • OHIO
    • OKLAHOMA
    • OREGON
    • SOUTH DAKOTA
    • WASHINGTON
    • AUSTRALIA - New South Wales
    • UNITED KINGDOM

  • CALIFORNIA
    • 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 a year set aside for “independent films”; annual allotment on first-come, first-served basis, and may use one subsequent year’s funding
    • Loan-Out Considerations: Payments to loan-outs qualify except for payments to non-qualified individuals. Fringes on loan-outs do not qualify (with some exceptions -- see expenditure charts links at the bottom of the Glossary page). Non-resident loan-out companies that fail to register with the Secretary of State are subject to a 7% withholding tax. (This also applies to non-resident independent contractors.)

  • COLORADO
    • Project Criteria: Minimum local spend = $100,000 for qualified local companies, $1,000,000 ($250,000 effective July 1, 2010) for out-of-state companies; ≥ 75% of below-the-line budget = qualified local spend (this requirement is eliminated effective July 1, 2010); ≥ 75% (≥ 25% effective July 1, 2010) payroll = qualified local payroll
    • Loan-Out Considerations: Currently none to note. Effective July 1, 2010, all income taxes shall be withheld and paid either by the production company or the individual.

  • CONNECTICUT
    • Maximum Benefit: For income years beginning January 1, 2010, the film and digital animation tax credits are tiered based on local spend from 10% to 30%; the infrastructure tax credit is 20%; no expenses incurred outside the state and used within are qualified
    • Compensation and Project Caps/Funding Per Year: Compensation is capped at $15,000,000 per person; no project caps for the production expense and infrastructure credits; the digital animation production credit is capped at $15,000,000 per year; there is an aggregate "star talent" compensation project cap (subject to local income tax) of $20,000,000; the infrastructure project credit voucher is not available until the project is complete
    • Project Criteria: For income years beginning January 1, 2010, a 10% credit is available for minimum qualifying local spend of $100,000 to $500,000; a credit of 15% is available for spend of $501,000 to $1,000,0000; and a 30% credit is available for a qualifying local spend in excess of $1,000,000 for the film and digital animation credits; film projects must meet a 50% local principal photography requirement (reduced to 25% on July 1, 2010) or 50% of post-production costs or, after July 1, 2010, spend no less than $1,000,000 in the state on post production cost; minimum spend for an interactive website is > $500,000 per year; for state-certified infrastructure projects costing ≥ $3,000,000, the credit is 20%

  • GEORGIA
    • Application Considerations: Submit initial applications no sooner than 90 days before production commences (response = 3-5 days)
    • Updated Sales & Use Tax Relief information link.

  • INDIANA
    • Compensation and Project Caps/Funding Per Year: No per project cap; $2,500,000 funding per year ($50,000 allocated from budget expiring June 30, 2010, will renew to $2,500,000 for the fiscal year beginning July 1, 2010)

  • IOWA
    • Registration of new film projects is suspended until July 1, 2013. Projects that have not already received “award letters” from the state will not be considered for tax credits this fiscal year. (See Senate File 2380.)

  • MARYLAND
    • Compensation and Project Caps/Funding Per Year: No per project cap; $1,000,000 program budget for 2010-2011 fiscal year beginning July 1st

  • MICHIGAN
    • Loan program is not currently funded.

  • MINNESOTA
    • Compensation and Project Caps/Funding Per Year: $1,225,000 appropriation remains for the fiscal year 2010; Snowbate funding for 2011 was suspended

  • NEW MEXICO
    • Compensation and Project Caps/Funding Per Year: There is a $5,000,000 cap per project on the credit for all "performing artists'" compensation (i.e., amounts paid to performing artists in excess of $20,000,000 will be not be eligible for the credit); there are no other project or funding caps
    • Project Criteria: Script review
    • Loan Program Available

  • NEW YORK
    • Project Criteria: At least 1 day of principal photography on a set at a qualified facility is required; in addition, the qualified production costs at a qualified facility must be ≥ 75% of such total facility costs (within and outside the state of New York [NYS]); if production costs at a qualified facility are < $3,000,000, then location shooting days in NYS (outside qualified production facility) must be ≥ 75% of total shooting days (within and outside NYS); the investment tax credit is available for tangible property containing at least one sound stage ≥ 7,000 SF, which is principally used as a qualified film production facility and the taxpayer provides ≥ 3 qualified services, including but not limited to studio lighting grid, lighting and grip equipment, multi-line phone service, broadband information technology access, industrial scale electrical capacity, food services, security services, and heating, ventilation, and A/C

  • NEW YORK - New York
    • Project Criteria: At least 1 day of principal photography on a set at a qualified facility is required; in addition, the qualified production costs at a qualified facility must be ≥ 75% of such total facility costs (within and outside NYC); if production costs at a qualified facility are < $3,000,000, then location shooting days in NYC (outside qualified production facility) must be ≥ 75% of total shooting days (within and outside NYC)

  • RHODE ISLAND
    • Project Criteria: ≥ 51% of a production's principal photography days must be local; minimum budget = $300,000

  • SOUTH CAROLINA
    • Maximum Benefit: 20% of all wages subject to withholding paid to actors (including stunt performers), SC residents, and anyone working on a TV series (excluding persons paid ≥ $1,000,000); 10% wage rebate for non-resident crew up to $3,500 per person (depending upon the project, this amount may be negotiated to the full 20% rebate); 30% of qualifying local spend (paid to eligible SC suppliers)
    • Compensation and Project Caps/Funding Per Year: No project caps; annual funding of $10,000,000 for wage rebate and 26% of admissions tax collected for previous year for the supplier rebate, approximately $5,500,000 for fiscal year 2008-2009

  • AUSTRALIA FEDERAL
    • Project Criteria: For Location offset, if QAPE = A$15,000,000 but < A$50,000,000, it must be ≥ 70% of total spend (this requirement is removed effective July 1, 2010); if QAPE ≥ A$50,000,000, no percentage test; TV series must average ≥ A$1,000,000 per hour; for PDV offset, minimum qualifying PDV spend = A$5,000,000 (reduced to A$500,000 effective July 1, 2010); for Producer offset minimum spend = $1,000,000 for feature films, TV series and telemovies (lower spend test for documentaries and short form animation) and production must pass "Australianness test" (subjective), official co-productions automatically qualify

  • AUSTRALIA - Queensland
    • Maximum Benefit: 12.5% of qualifying local labor; A$25,000 per department head and state payroll tax rebate (4.75%); grants may be available for projects with qualifying local spend of > A$40,000,000

  • CANADA - British Columbia
    • Maximum Benefit: 33% of qualifying British Columbia (BC) labor expenditures; Digital Animation or Visual Effects (DAVE) Credit bonus: 17.5% additional credit on qualifying DAVE labor (principal photography commenced after February 28, 2010); Regional Tax Credit bonus: 6% of qualifying BC “regional” labor when > 50% of BC principal photography is done outside Vancouver area (pro rate number of regional days by total BC days), minimum 5 regional days required; Distant Location Credit: additional 6% of qualifying BC “distant” labor (calculated by pro rating number of days shot in “distant location” by total BC days; must first qualify for Regional Tax Credit); 17.5% of qualifying BC labor for the Interactive Digital Media tax credit for video game development for projects that begin after August 31, 2010
    • Compensation and Project Caps/Funding Per Year: Cap on qualifying labor = 60%

  • CANADA - Ontario
    • Maximum Benefit: 25% of qualifying Ontario (ON) labor AND production expenditures; Bonuses: ON Computer Animation and Special Effects (OCASE) - 20% of qualifying ON labor related to digital animation and special effects work

  • CANADA - Quebec
    • Maximum Benefit: 25% of qualifying Quebec (QC) expenditures (not limited to QC labor); Bonuses: QC Computer Animation and Special Effects Tax Credit - 20% additional credit on qualifying animation and special effects QC labor

  • SOUTH AFRICA
    • Compensation and Project Caps/Funding Per Year: R10,000,000 per project; R246,899,000 for 2010-2011, R268,873,000 for 2011-2012, and R290,305,000 for 2012-2013

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