THE INCENTIVES PROGRAM - TIP

Senate Bill 1098 proposes to appropriate $1 million to the Minnesota Film and TV Board’s Film  Production Jobs Program for the biennium ending June 30, 2025.

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House Bill 348 proposes to amend the Montana Media Production tax credit program as follows: Beginning January 1, 2022:

• Requires that at least 50% of the cast and crew, excluding extras and five principal cast members, be residents in order to qualify for any of the additional incentive bumps.

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*This bill is no longer under consideration*

• • House Bill 283 proposes to amend the New Mexico Film Production tax credit program as follows: Beginning July 1, 2021:
    • Excludes from the incentive program a “film” that contains or displays sexually explicit conduct, as defined, and is what most parents would clearly consider too adult for their children aged 17 and under.

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Assembly Bill 1390 proposes to amend the Empire State film production tax credit program as follows:

• Allows fees and salaries for television writers and directors to qualify subject to the following requirements and limitations:
  • Writer or director must be a New York resident;
  • Qualifying fees and salaries are limited to:
    • Up to $50,000 per episode for each writer and director receiving on-air credit;
    • Up to $75,000 per series of episodes for each uncredited writer or director, provided the writer or director is a minority group member, as defined, or a woman; and,
  • Limits the aggregate amount of credits the state may disburse related to writers’ fees and salaries to $5 million per calendar year.

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Senate Bill 4799 proposes to amend the Empire State Film Production Tax Credit Program as follows:

• Expands the definition of “production costs” to include:
  • Feature film or television production writers’ fees and salaries, up to $50,000 per writer on a single qualified project, provided the writer is subject to taxation in New York; and,
  • Costs for a story, script, or scenario used for a qualified “film”;
• Requires that when more than three writers are to be hired for an eligible production, at least one writer must be a minority group member (as defined), or a woman, when applying for the above-mentioned writers’ credits; and,
• Limits the aggregate amount of credits the state may disburse related to writers’ fees and salaries to $5 million per calendar year.

If passed, the Act shall take effect April 1, 2022.

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House Bill 3244 proposes to amend the Oregon Production Investment Fund by increasing the annual funding cap from $14 million to $20 million per fiscal year (7/1 – 6/30).

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House Bill 141 and Senate Bill 736 propose to amend the Tennessee Job Tax Credit as follows:

• Establishes a tax credit (to be taken against franchise and excise taxes) equal to 40 percent of qualified payroll expenses, or 50% if qualified payroll expenses are associated with Tennesseans whose primary residence is within tier 2, tier 3, or tier 4 enhancement counties;
• Limits the amount of the credit to not more than 50% of the combined franchise and excise tax liability shown on the return before any credit is taken; and,
• Creates a sales and use tax exemption for purchasing or using tangible personal property, computer software, or services that are necessary to and primarily used for a qualified production.

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Senate Bill 167 proposes to amend the Utah Motion Picture rebate program by increasing the annual funding from $6.79 million to $10 million per fiscal year (7/1 – 6/30), beginning with the 2022 fiscal year.

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House Bill 2096 and Senate Bill 455 propose to reenact and amend the West Virginia Film Industry Investment Act.  Details of the programs are as follows:

• Establishes a transferable tax credit equal to 27 percent of qualified spend and labor (includes resident and nonresident labor that is subject to West Virginia income tax);
  • An additional credit equal to 4 percent on total qualified spend is offered to productions that hire at least ten West Virginia residents as part of its full-time employees working in the state or as apprentices;
• Establishes an annual funding cap of $10 million per fiscal year (7/1 – 6/30);
  • Allows the development office to allocate a greater amount of credit for any feature length film produced with “West Virginia” in the title or if the subject of the film is clearly identified with the state;
• Requires a minimum spend of $50,000 in qualified expenditures; and,
• Requires an expense verification report prepared by an independent certified public accountant.

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