CAPS Incentive Picks
CAPS Incentive Picks

CAPS Tax Incentive Solutions group is a complete resource for film tax information. With in-depth knowledge of film production incentives globally, CAPS offers specialized accounting and consulting services to maximize the benefits of any tax credit program and help companies navigate their complex requirements.

With CAPS Picks we've identified some of the most aggressive and effective tax incentive policies in the United States. We think they deserve a closer look. To get the most out of these incentives, talk to our Tax Incentives Solution Group.


Louisiana

Type of Incentive: Transferrable tax credit.
 
Amount of Benefit: A 30% investor tax credit is granted based upon the total in-state expenditures of a motion picture production. An additional 5% labor tax credit is earned on the payroll of Louisiana residents that are employed by a film or television production. The tax credits are fully transferable.  Louisiana has no limit to the amount of tax credits that can be earned.
 
Rules/Requirements: Only money spent on production costs within the borders of the state of Louisiana will qualify for the 30% incentive. That includes all services that are performed in Louisiana from residents and non-residents alike. You have the option to transfer credits (incentives) to the state for $.85 on the dollar, and a check will be sent to you immediately.

 

Illinois

Type of Incentive: Transferrable tax credit.
 
Amount of Benefit: Producers can qualify for a 30% tax credit on all qualified expenditures, including post-production. The credit can be carried forward five years from original issue by the film office. Applicants will receive an additional 15% tax credit on salaries of individuals who live in an economically disadvantaged area. The credit has no sunset date.
 
Rules/Requirements: Any eligible project must have a "qualified application" completed before pre-production begins. The tax credit must directly contribute to Illinois production spending. Illinois production spending includes tangible, personal property and services purchased from Illinois vendors and compensation paid to Illinois resident employees. Illinois vendors qualify as businesses that have Illinois addresses. An Illinois resident qualifies as someone who has a valid Illinois state ID or driver’s license, issued prior to commencement of production. Compensation maximum is $100,000 for each Illinois resident employee. Applicants must also submit a Diversity Plan and have a minimum spend of $50,000 for a project 29 minutes or under. Productions with a run time of 30 minutes or over have a minimum spend of $100,000 per project. Receipts and financial materials must be processed by a certified public accountant.

Florida

Type of Incentive: Transferrable tax credit. 
 

Amount of Benefit: Qualified productions are eligible for 20% transferrable tax credit. An additional 5% credit can be obtained for certified off-season productions and another 5% credit for certified family friendly productions.
 

Rules/Requirements: General Productions: Eligible productions including films, TV, documentaries, digital media projects, commercials and music videos. Minimum spend is $625,000 and maximum incentive award is $8 million.
 

Commercial and Music Videos: Minimum spend is $100,000 per commercial or music video. After a production company produces national or regional commercials, music videos, or both and reaches the threshold of $500,000, it is eligible to apply (can bundle projects). The maximum incentive award is $500,000.
 

Independent & Emerging Media Productions: Eligible projects include: films, TV, documentaries, digital media projects. the minimum spend is $100,000 and maximum spend is $625,000. There is a maximum incentive award of $125,000.

Georgia

Type of Incentive: Transferrable tax credit.

 

Amount of Benefit: Qualified productions are eligible for a 20% transferrable tax credit. An additional 10% can be earned for approved projects that include an imbedded Georgia logo within completed projects that will create valuable promotions to enhance the State’s brand.

 

Additionally, the Georgia Sales & Use Tax Exemption provides film, video, broadcast and music production companies working in Georgia immediate point-of-purchase savings on most below-the-line materials and service purchases, leases or rentals. This applies to both state and local sales taxes, adding up to 8% in cost savings per purchase.

 

Rules/Requirements: Only fully funded, “green lighted” projects that take place in Georgia and are intended for commercial distribution beyond the state of Georgia (excluding live coverage of news, sports, concerts or distribution primarily via the Internet) will qualify. The production company must be primarily engaged (more than 50%) in the production of feature films, training films, series, pilots, movies for television, commercials, music videos or sound recordings captured on film, video or digital format. Activities may include the production or post-production of film or video projects that include: feature films; television pilots, series, specials or movies; television commercials; music videos; sound recordings and documentaries.
 

California

Type of Incentive: Tax Credits

Amount of Benefit: Qualified “Independent Films” are eligible to receive 25% of expenditures as a transferable tax credit. A television series that filmed all of its previous seasons (minimum of six (6) episodes) outside the state and relocates to California is eligible to receive 25% of its qualified expenditures as a non-transferable tax credit. A Feature Film, Mini-Series, Movie of the Week or new Television Series for original broadcast on basic cable is eligible to receive 20% of its qualified expenditures as a non-transferable tax credit.

Rules/Requirements: To apply for the California Film & Television Tax Credit Program, a film or television project must be one of the following:

1.  A “Feature Film” with a minimum production budget of one million dollars ($1,000,000) and a maximum “Production Budget” of no more than seventy five million dollars ($75,000,000).

2.  A “Movie of the Week” or “Miniseries” with a minimum “Production Budget” of five hundred thousand dollars ($500,000).

3.  A new “Television Series” licensed for original distribution on basic cable with a minimum television season budget of one million dollars ($1,000,000) and with a running time of no less than sixty (60) minutes (inclusive of commercial advertisements and interstitial programming).

4.  “A Television series that relocates to California”, without regard to episode length, that filmed all of its prior season or seasons (minimum of 6 episodes) outside of California. There is no minimum budget requirement for a relocating television series. The series may be produced for distribution in any media outlet, including but not limited to, basic cable, pay (premium) cable, or network broadcast.

5.  An “Independent Film” with a minimum “Production Budget” of one million dollars ($1,000,000) and a maximum “Qualified Expenditure” Budget of ten million dollars ($10,000,000) that is produced by a company that is not publicly traded and that publicly traded companies do not own more than 25% of the producing company. Mini-series and Movies of the Week may be considered an Independent film provided they meet the above requirements.

Connecticut

Type of Incentive: Tax credit.
 
Amount of Benefit: The program offers producers tax credits from 10%-30% for the production of digital media and motion pictures.
 
Rules/Requirements: Production companies incurring expenses between $100,000 and $500,000 are eligible for a 10% credit, between $500,000 and $1 million are eligible for a 15% credit, and over $1 million are eligible for a 30% credit.

New York

Type of Incentive: Tax credit.
 
Amount of Benefit: Producers can realize a tax credit of 30% for in-state productions.
 
Rules/Requirements:  There are two classes of eligible productions. Both of the following must complete at least 75% of all facility or stage related expenses at a qualified facility in-state. Also, post production costs are eligible after the stage and location thresholds are met, and 75% of qualified post production costs must be incurred in New York.

A Level 1 production is a qualified production that has a production budget of no more than $15 million, AND is being produced by a company in which NO MORE THAN 5 % of the beneficial ownership is owned, directly or indirectly, by a publicly traded entity. Level 1 productions are referred to as “independent” productions in the State law.
 
A Level 2 production is a qualified production that has a production budget greater than $15 million, OR is being produced by a company in which more than five percent of the beneficial ownership is owned, directly or indirectly, by a publicly traded entity.

Utah

Type of Incentive:  Refundable tax credit or cash rebate.
 
Amount of Benefit: With a minimum in-state spend of $1 million, producers can realize a tax rebate of up to 25% on qualified “Dollars Left In-state” expenditures. Tax credits can be offset by 20% of in-state expenditures with no project cap. Cash rebates can offset 20% of in-state expenditures with a $500,000 cap.
 
Rules/Requirements: “Dollars left In-State” are production expenses that are subject to Utah taxes. All goods and services must be domiciled and used in Utah and are directly attributable to the physical production of the feature film or television program. Money that is spent outside of Utah, or expenditures that are indirect or not production related, do not qualify for the cash rebate or tax credits.

New Mexico

Type of Incentive: Refundable tax credit.

 

Amount of Benefit: Producers can realize a 25% tax rebate on all production expenditures (including New Mexico labor) that are subject to taxation by the State of New Mexico. This is a refund, not a credit. New Mexico also offers a loan, with participation in lieu of interest, up to $15 million per project, (which can represent 100% of the budget) for qualifying feature films or television projects. (The only cap is on cast/talent which is $20M, meaning a maximum rebate of $5M on cast/talent per project.) Terms are negotiated and budget must be at least $2 million. Commercials also qualify however they must have a regional or national broadcast. Proof of media buys will be required.

 

Rules/Requirements: Any New Mexico direct production expenditure that has a New Mexico state tax attached. Only New Mexico crews qualify fully. However, housing and per diem can be expensed for non New Mexico residence.

Michigan & Massachusetts

Michigan and Massachusetts tie for the tenth CAPS Picks spot.

 

Read about Massachusetts here.

 

Michigan - Type of Incentive: Refundable and assignable tax credit.

 

Amount of Benefit: Producers can realize up to 42% on qualified expenditures within the State of Michigan.

 

Rules/Requirements: Wage-tax rebates include a minimum spend of at least $50,000 in Michigan to be eligible. Rebates are 40%-42% for Resident Below the Line; 40%-42% Above the Line regardless of residency; 30% Non-resident Below the Line. There is a $2 million salary cap per employee per production. There is no other cap and no sunset.

 

In order to qualify for interactive website project, a minimum annual spend of $500,000 in Michigan is required. All applicants can expect a 4-week review process once all materials have been received. Producers can claim an extra 2% if filming in one of the 136 Core Communities in Michigan.