Montana

Register the production company with the Montana Secretary of State; PRIOR to the start of principal photography, submit a MEDIA Act application and pay a nonrefundable $500 filing fee; begin principal photography within one year of certification; submit an incentive claim along with a production expenditure verification report (for projects with a base investment of more than $350,000) by 1) the last day of the third year following the year in which principal photography ended or for a production for which expenditures will be claimed for multiple tax years, 2) annually, if the production company chooses to submit production expenditures and compensation paid within each year or 3) the last day of the third year following the year in which principal photography ended; and submit a fee of $500 for projects with qualified spend less than $350,000; $1,000 for projects with qualified spend of $350,000 or more or for postproduction only. For loan out companies, only the contractual fee (not per diem, living allowance, etc.) related to services in Montana is subject to withholding at the highest marginal rate in effect under 15-30-2103, currently 5.9%.

Qualified spend includes: tangible goods acquired from a source within the state during preproduction and production (note, postproduction costs do not qualify unless applying for the postproduction only incentive); base investment incurred from up to six months before receiving state certification thru completion of the project; and compensation as described below.

This program is administered on a first-come, first-served basis. Montana offers a transferable tax credit equal to: 20% of qualified nonpayroll spend and the first $7.5 million of compensation paid to each above-the-line worker for which Montana taxes have been withheld during preproduction and production; 25% of compensation for resident below-the-line crew (15% for nonresident below-the-line crew), not to exceed $150,000 in credits per person; 30% of compensation paid to a student enrolled in a Montana college that works on the production for college credit, not to exceed $50,000 in credits for each student; 5% on qualifying nonpayroll spend and compensation by including a screen credit furnished by the state; 10% on payments made to a Montana college or university for stage rentals, equipment rentals, or location fees for filming on campus; 10% of all in-studio facility and equipment rental expenditures for a production that rents a studio for 20 days or more; and 5% of nonpayroll spend incurred in underserved areas. The credits may not exceed 35% (in the aggregate) of the production company’s base investment. The minimum amount a tax credit may be sold for is $0.85 of the dollar value of the tax credit. Montana also offers a postproduction-only incentive equal to 25% of wages. The production credit and the postproduction-only credit may not be combined. Montana also offers the Montana Big Sky discretionary grant program—see the guidelines for more information about this program.

Animation (2)
Award Shows (2)
Commercials
Direct To Streaming
Documentaries
E-Sports
Game Shows (2)
Industry/Corporate Training (2)
Infomercials (2)
Interactive Media & Video Games (2)
Interactive Website (2)
Internet Broadcasts
Music Videos
Postproduction (Standalone)
Reality Shows
Talk Shows
Theatrical Stage Productions
Trailers (2)
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.
Montana INCENTIVES
INCENTIVE RATES

20% Nonpayroll Spend &
Above-the-Line Labor (1)
25% Resident BTL Labor (1)
15% Nonresident BTL Labor (1)
+5% - 10% Bonuses (1)

TYPE OF INCENTIVE

Transferable
Tax Credit

PER PROJECT INCENTIVE CAP

No Cap

MINIMUM SPEND

≥ $350k Film/TV
> $50k < $350k Commercials Music Videos

FUNDING CAP

$10M (2)
Per Calendar Year

QUALIFIED LABOR

1st $7.5M of Each Above-the-Line;
$150k in Credits for Each Resident BTL
& Each Nonresident BTL

IS LOAN OUT WITHHOLDING/REGISTRATION REQUIRED Yes 5.9% / No
SCREEN CREDIT Yes (3)
AUDIT REQUIRED Yes
SUNSET DATE 12/31/29
ENACTED BILL NUMBER

H 293
H 340
S 27
S 550

(1) See SUMMARY. (2) Thru 2024 calendar year, $10M per calendar year thereafter. (3) Earn an additional 5% of nonpayroll spend and compensation by including a Montana promotion furnished by the state.
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