THE INCENTIVES PROGRAM - TIP

A first look at our newsletter.

Cast & Crew Financial Services (CCFS) offers both U.S. and Canadian production incentive management services from setup to audit, as well as production incentive financing.

PROPOSED LEGISLATION

Still in the House or Senate

Georgia (H 30)

House Bill 30 proposes to amend the Georgia Entertainment Industry Investment Act as follows:

  • For projects “initially” certified by the Georgia Department of Economic Development (GDEcD) on or after January 1, 2022:
    • Requires a production company to submit a diversity plan to the Department of Revenue within three months of incurring its first qualified production expenditure; and,
    • The Department of Revenue has approved such diversity plan as meeting the requirements for diversity plans that shall be established by the department and verified that the production company met its goals, or that the production company made good faith efforts to meet such goals.

Nevada (A 20)

Assembly Bill 20 proposes to amend Nevada’s Transferrable Tax Credits for Film and Other Productions as follows:

  • Eliminates the minimum episode requirement for reality television projects, previously six episodes were required;
  • Allows qualified expenditures to be incurred prior to the date on which the applicant submits an application for the transferable tax credit;
  • Requires an audit, performed by an in-state and pre-approved independent certified public accountant, be submitted not later than 270 days, previously 90 days, after the completion of principal photography or postproduction, if postproduction costs were incurred in-state;
    • At the discretion of the Office of Economic Development, a 90-day extension may be granted; and,
  • Removes interstitial television programming and advertisement projects from the list of qualifying projects.

If passed, the Act becomes effective July 1, 2021.

OTHER NEWS

GEORGIA – GA House Bill 1037 changed the loan out withholding rate to the corporate rate reflected in GA Code Section 48-7-21(a) instead of a flat 6%. Effective January 1, 2021, Georgia’s loan out withholding rate will decrease to 5.75% on all applicable checks issued on or after 1/1/2021.

NEW MEXICO – New Mexico ties their loan out withholding rate to the highest personal income tax rate. NM House Bill 6 increased the personal income tax rate from 4.9% to 5.9%. Effective January 1, 2021, New Mexico’s loan out withholding rate will increase to 5.9% on all applicable checks issued on or after 1/1/2021.

Joe Bessacini

Vice President, Film & TV Production Incentives

661.492.3530 joe.bessacini@castandcrew.com

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