House File 2368 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to a film promotion program to assist film,
  2    television, and video projects in the state by providing
  3    income tax credits, and providing effective and retroactive
  4    applicability dates.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6323YH 81
  7 mg/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  15.391  FILM PROMOTION PROGRAM.
  1  2    This part shall be known as the "film promotion program".
  1  3    Sec. 2.  NEW SECTION.  15.392  PURPOSE.
  1  4    The purpose of the film promotion program is to assist
  1  5 legitimate film, television, and video producers in the making
  1  6 of film, television, and video projects in the state and to
  1  7 increase the fiscal impact on the state's economy of film,
  1  8 television, and video projects produced in the state.
  1  9    Sec. 3.  NEW SECTION.  15.393  PROGRAM == REGISTRATION ==
  1 10 FILM PRODUCTION TAX CREDIT.
  1 11    1.  The department shall establish a film promotion program
  1 12 that will provide for the registration of film, television, or
  1 13 video projects that are to be shot on location in the state.
  1 14 A film, television, or video project that is registered under
  1 15 the program is entitled to the tax credit provided in
  1 16 subsection 3.  Registration shall be free.  The department
  1 17 shall not register a film, television, or video project unless
  1 18 the department determines that all of the following are met:
  1 19    a.  The project is a legitimate effort to produce an entire
  1 20 film, television, or video episode or a film, television, or
  1 21 video segment in the state.
  1 22    b.  The project will have an economic impact on the economy
  1 23 of the state or locality sufficient to justify assistance
  1 24 under the program.
  1 25    c.  The project will further tourism and population
  1 26 retention or growth in the state or locality.
  1 27    d.  The project budget for activity located in the state
  1 28 equals at least two hundred fifty thousand dollars.
  1 29    e.  Other criteria established by rule relating to the
  1 30 economic impact and promotional aspect of the project on the
  1 31 state or locality.
  1 32    2.  A producer of a film, television, or video project
  1 33 which has been registered pursuant to subsection 1 shall apply
  1 34 to receive the certificate for the tax credit allowed under
  1 35 subsection 3.  The application shall be submitted upon
  2  1 completion of the project's activities in the state.  Upon
  2  2 verification of the total amount that has been spent on the
  2  3 project in the state, which amount must be at least two
  2  4 hundred fifty thousand dollars, the department shall issue a
  2  5 tax credit certificate in the amount determined pursuant to
  2  6 subsection 3.  A tax credit certificate shall identify the
  2  7 producer claiming the credit and contain the taxpayer's name,
  2  8 address, tax identification number, the date of completion of
  2  9 the project, the amount of the credit, and other information
  2 10 required by the department of revenue.
  2 11    3.  a.  A producer of a film, television, or video project
  2 12 which was registered pursuant to subsection 1 may claim a film
  2 13 production tax credit equal to ten percent of the amount of
  2 14 the project budget for activity located in the state.  The tax
  2 15 credit shall be allowed against taxes imposed under chapter
  2 16 422, division II or III.
  2 17    b.  Any credit in excess of the tax liability shall be
  2 18 refunded.  In lieu of claiming a refund, a taxpayer may elect
  2 19 to have the overpayment shown on the taxpayer's final,
  2 20 completed return credited to the tax liability for the
  2 21 following taxable year.
  2 22    c.  If the producer is a partnership, S corporation,
  2 23 limited liability company, or estate or trust electing to have
  2 24 the income taxed directly to the individual, an individual may
  2 25 claim the tax credit allowed.  The amount claimed by the
  2 26 individual shall be based upon the pro rata share of the
  2 27 individual's earnings of the partnership, S corporation,
  2 28 limited liability company, or estate or trust.
  2 29    Sec. 4.  NEW SECTION.  422.11M  FILM PRODUCTION TAX CREDIT.
  2 30    The taxes imposed under this division, less the amounts of
  2 31 nonrefundable credits allowed under this division, shall be
  2 32 reduced by the film production tax credit allowed under
  2 33 section 15.393.
  2 34    Sec. 5.  Section 422.33, Code Supplement 2005, is amended
  2 35 by adding the following new subsection:
  3  1    NEW SUBSECTION.  20.  The taxes imposed under this division
  3  2 shall be reduced by a film production tax credit allowed under
  3  3 section 15.393.
  3  4    Sec. 6.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATE.
  3  5 This Act, being deemed of immediate importance, takes effect
  3  6 upon enactment and applies retroactively to January 1, 2006,
  3  7 for tax years beginning on or after that date.
  3  8                           EXPLANATION
  3  9    This bill provides for a film promotion program within the
  3 10 department of economic development.  The program is designed
  3 11 to assist legitimate film, television, and video producers in
  3 12 making film, television, and video episodes or segments in the
  3 13 state by granting refundable individual and corporate income
  3 14 tax credits.  The amount of the credit equals 10 percent of
  3 15 the program budget spent in the state.  The bill provides for
  3 16 a minimum program budget for the state of $250,000.
  3 17    The bill takes effect upon enactment and applies
  3 18 retroactively to tax years beginning on or after January 1,
  3 19 2006.
  3 20 LSB 6323YH 81
  3 21 mg:nh/sh/8