Alabama

At least 30 days PRIOR to the start of any activities in Alabama, submit an application to the film office; within 60 days of commencing operations in Alabama, the production company must register with the Alabama Secretary of State; meet the minimum in-state spending requirement of at least $500,000; begin principal photography (anywhere) within 90 days of application approval; and submit an audit report to both the Film Office and to the Department of Revenue within 120 days of completion of production activities in Alabama, unless an extension is granted. Approved projects must show evidence of financial backing and funding.

Qualified spend includes preproduction, production, and postproduction costs incurred in the state that are directly used in a certified production; compensation, subject to the limits set forth below, including, related benefits provided to resident and nonresident producers, directors, writers, actors, and other personnel involved in certified projects within the state. Costs incurred prior to the date of the approval letter do not qualify for the incentive.

This program is not administered on a first-come, first-served basis. The film office retains the sole discretion to determine which projects are selected and the amount of incentives available to each selected project. While there is not a per project incentive cap per se, Alabama only awards the incentive on the first $20 million of qualifying production expenditures. Subject to the $20 million limitation, all payroll paid to Alabama residents will earn 35% (provided a completed Declaration of Residency form is submitted), while all other qualified production expenditures earn 25%, including the first $500,000 of each nonresident below-the-line worker (direct hire or loan out) and the first $1 million of each nonresident above-the-line worker (direct hire or loan out). All qualifying film projects approved by the Alabama Film Office are required to file a Certificate of Compliance issued by the Alabama Department of Revenue before any rebate is released for payment. The production company receives their Alabama film refund by claiming a film credit on its Alabama income tax return for the tax year in which production costs are completed. There is a state funding cap of $20 million per fiscal year (Oct. 1 – Sept. 30). A certified production spending at least $150,000 within a 12-month period may apply to be exempted from the state portion but not the local portion of sales, use, and lodging taxes. The sales tax exemption is not available on qualified expenditures in excess of the first $20 million.

Animation
Award Shows
Commercials
Direct To Streaming
Documentaries
E-Sports
Game Shows
Industry/Corporate Training
Infomercials
Interactive Media & Video Games
Interactive Website
Internet Broadcasts
Music Videos
Postproduction (Standalone)
Reality Shows
Talk Shows
Theatrical Stage Productions
Trailers (4)
Webisodes
(1) Stop motion animation qualifies. (2) Case-by-case; Contact the film office to evaluate project criteria. (3) Qualifies if produced for national distribution. (4) Qualifies only if in conjunction with a film shot in-state. (5) May qualify under the Digital Media and Software program. (6) Qualifies if produced for theatrical distribution or broadcast. (7) Qualifies under the commercial production tax credit program. (8) One day of principal photography within this jurisdiction is required in order to qualify for postproduction standalone. (9) Qualifies if filmed and produced at a nonprofit arts and cultural venue receiving state funding. (10) Qualifies under the Digital Media Production tax credit if the content is solely created for entertainment purposes; video games may qualify. (11) Not available at the time of publication.
Alabama INCENTIVES
INCENTIVE RATES

25% Nonpayroll Spend & Nonresident Labor
35% Resident Labor

TYPE OF INCENTIVE

Refundable
Tax Credit

PER PROJECT INCENTIVE CAP

No Cap (1)

MINIMUM SPEND

$500k

FUNDING CAP

$20M
Per Fiscal Year
(10/1 – 9/30)

QUALIFIED LABOR

Each Resident;
1st $500k of Each NR BTL;
1st $1M of Each NR ATL

IS LOAN OUT WITHHOLDING/REGISTRATION REQUIRED No(2) / No
SCREEN CREDIT Yes
AUDIT REQUIRED Yes
SUNSET DATE 12/31/28
ENACTED BILL NUMBER

H 69
H 243
S 299

(1) Only the first $20 million of Alabama expenditures may qualify for the incentive. (2) Loan out companies are required to file a Loan Out Company Affidavit (FR-LOA) prior to the issuance of the incentive.
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