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TAX CREDITS FILM INCENTIVE UPDATE (July 2007)

Dear Colleagues,

This week was a big one in the world of Film Production Tax Incentive Legislation.  Here are some important updates:

MA: The Mass Senate passed a film tax credit program which allows for a tax credit of 25% of all qualified expenditures, no caps and a  2022 sunset.  The tax credits are immediately transferable OR refundable at 90% of face value, after the production company files its Massachusetts tax return.  We believe the bill was approved by the House, and is currently awaiting the Governors signature.

CT:  Public Act 07-236 (substitute HB 6500) was signed by the Governor and is effective.  Key points of the bill are:  inclusion of premium tax in the types of taxes that can be offset by the credit; $15 mill talent cap, effective January 2008; an infrastructure tax credit; allowance of multiple transfers (3 max); a digital media tax credit and no transferee liability.  Public Act 07-248 (substitute HB 7400) supplements 236.  The complete text of 236 can be found by clicking here.

AZ:  added "no transferee liability", when the expenses are audited by an AZ department approved CPA.  The complete text can be found by clicking here.

PA:  After a mandatory state furlough due to a budget impasse, the house approved an $80 million Film Tax Credit program late Monday which we believe is refundable and tradeable, but will provide further details.  The measure must be signed by the Governor.

IOWA: recently passed a 25% transferable film production tax credit.  Rules to be determined.  Complete text can be found by clicking here.

NJ:  A measure expanding the program to include Digital Media, and  increasing the program size from $10 million to $30 million is awaiting the Governor's signature.  Please express your support of this bill to Governor Corzine in a letter, and  email/fax to our office (908-630-0653) and we'll forward on your behalf:

We will continue to keep you apprised of material legislative developments.

Contact us if you have any questions or concerns.