House File 818 - Introduced



                                      HOUSE FILE       
                                      BY  COMMITTEE ON WAYS AND
                                          MEANS

                                      (SUCCESSOR TO HF 631)
                                      (SUCCESSOR TO HSB 166)


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

                                      A BILL FOR

  1 An Act relating to the eligibility for tax credits and income
  2    reductions for qualified expenditures under the film,
  3    television, and video project promotion program, providing for
  4    a fee, and providing an applicability date provision.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1235HZ 83
  7 tw/mg:sc/5

PAG LIN



  1  1    Section 1.  Section 15.393, subsection 1, unnumbered
  1  2 paragraph 1, Code 2009, is amended to read as follows:
  1  3    The department shall establish and administer a film,
  1  4 television, and video project promotion program that provides
  1  5 for the registration of projects to be shot on location in the
  1  6 state.  A project that is registered under the program is
  1  7 entitled to the assistance provided in subsection 2.  A fee
  1  8 shall not may be charged for registering.  The amount of the
  1  9 fee charged for registering shall be determined by the
  1 10 department by rule.  Registration fees collected by the
  1 11 department under this section shall be used to administer the
  1 12 program.  The department shall not register a project unless
  1 13 the department determines that all of the following criteria
  1 14 are met:
  1 15    Sec. 2.  Section 15.393, subsection 2, paragraph a,
  1 16 subparagraph (2), Code 2009, is amended to read as follows:
  1 17    (2)  A qualified expenditure by a taxpayer is a payment to
  1 18 an Iowa resident or an Iowa=based business for the sale,
  1 19 rental, or furnishing of tangible personal property or for
  1 20 services directly related to the registered project including
  1 21 but not limited to aircraft, vehicles, equipment, materials,
  1 22 supplies, accounting, animals and animal care, artistic and
  1 23 design services, graphics, construction, data and information
  1 24 services, delivery and pickup services, labor and personnel,
  1 25 lighting, makeup and hairdressing, film, music, photography,
  1 26 sound, video and related services, printing, research, site
  1 27 fees and rental, travel related to Iowa distant locations,
  1 28 trash removal and cleanup, and wardrobe.  For the purposes of
  1 29 this subparagraph, "labor and personnel" does not include the
  1 30 director, producers, or cast members other than extras and
  1 31 stand=ins.
  1 32    (a)  For purposes of this subparagraph, "labor and
  1 33 personnel" includes compensation paid to the principal
  1 34 producer, principal director, and principal cast members if
  1 35 the principal producer, principal director, or principal cast
  2  1 member is an Iowa resident or an Iowa=based business, and if
  2  2 the compensation paid meets one of the following conditions:
  2  3    (i)  If the qualified expenditures are at least ten million
  2  4 dollars but less than twenty million dollars, the compensation
  2  5 paid to each principal producer, principal director, and
  2  6 principal cast member does not exceed two hundred fifty
  2  7 thousand dollars each.
  2  8    (ii)  If the qualified expenditures are at least twenty
  2  9 million dollars, the compensation paid to each principal
  2 10 producer, principal director, and principal cast member does
  2 11 not exceed one million dollars each.
  2 12    (b)  For purposes of this subparagraph, "labor and
  2 13 personnel" includes compensation paid to personnel other than
  2 14 the principal producer, principal director, or principal cast
  2 15 members if the compensation paid meets one of the following
  2 16 conditions:
  2 17    (i)  If the qualified expenditures are less than ten
  2 18 million dollars, the compensation paid to labor and personnel
  2 19 other than the principal producer, the principal director, and
  2 20 principal cast members, does not exceed one hundred fifty
  2 21 thousand dollars each.
  2 22    (ii)  If the qualified expenditures are at least ten
  2 23 million dollars but less than twenty million dollars, the
  2 24 compensation paid to labor and personnel other than the
  2 25 principal producer, the principal director, and the principal
  2 26 cast members, does not exceed two hundred thousand dollars
  2 27 each.
  2 28    (iii)  If the qualified expenditures are at least twenty
  2 29 million dollars, the compensation paid to labor and personnel
  2 30 other than the principal producer, the principal director, and
  2 31 the principal cast members, does not exceed three hundred
  2 32 thousand dollars each.
  2 33    (c)  The department of revenue, in consultation with the
  2 34 department of economic development, shall by rule establish a
  2 35 list of eligible expenditures.
  3  1    Sec. 3.  Section 15.393, subsection 2, paragraph c, Code
  3  2 2009, is amended to read as follows:
  3  3    c.  For tax years beginning on or after January 1, 2007,
  3  4 the tax year in which a qualified expenditure occurred, and
  3  5 for the ensuing three tax years, a taxpayer may claim a
  3  6 reduction in adjusted gross income not to exceed in a tax year
  3  7 twenty=five percent of the amount of the qualified expenditure
  3  8 for purposes of taxes imposed in chapter 422, divisions II and
  3  9 III, for payments received from the sale, rental, or
  3 10 furnishing of tangible personal property or services directly
  3 11 related to the production of a project registered under this
  3 12 section which meets the criteria of a qualified expenditure
  3 13 under paragraph "a", subparagraph (2).
  3 14    Sec. 4.  APPLICABILITY DATE.  This Act applies to projects
  3 15 registered on or after July 1, 2009.
  3 16                           EXPLANATION
  3 17    This bill relates to the eligibility for tax credits for
  3 18 qualified expenditures and deduction from income received from
  3 19 certain qualified expenditures under the film, television, and
  3 20 video project promotion program.
  3 21    The bill allows the department to charge a fee to register
  3 22 a project with the program.  Current law does not allow a
  3 23 registration fee.  The amount of the fee is determined by rule
  3 24 and must be used to administer the program.
  3 25    The program currently does not allow salary expenditures
  3 26 for directors, producers, and principal cast members, or other
  3 27 personnel to be counted as qualified expenditures under the
  3 28 program.  The bill allows a portion of the compensation paid
  3 29 to such persons to be counted toward a taxpayer's qualified
  3 30 expenditures if the person is an Iowa resident or Iowa=based
  3 31 business.
  3 32    The bill provides that for principal producers, directors,
  3 33 and cast members, as much as $250,000 of compensation paid may
  3 34 be counted if the qualified expenditures are at least $10
  3 35 million but less than $20 million.  As much as $1 million of
  4  1 compensation paid may be counted if the qualified expenditures
  4  2 are at least $20 million.
  4  3    The bill also provides that for personnel other than
  4  4 principal producers, directors, and cast members, as much as
  4  5 $150,000 of compensation paid may be counted if the qualified
  4  6 expenditures are less than $10 million.  As much as $200,000
  4  7 of compensation paid may be counted if the qualified
  4  8 expenditures are at least $10 million but less than $20
  4  9 million.  As much as $300,000 may be counted if the qualified
  4 10 expenditures are at least $20 million.
  4 11    The program currently allows vendors to take a reduction in
  4 12 adjusted gross income for qualified expenditures in the same
  4 13 year as the expenses are incurred.  The bill makes the credit
  4 14 available for the tax year in which the expenditures were
  4 15 incurred and for three ensuing tax years.
  4 16    The bill applies to projects registered on or after July 1,
  4 17 2009.
  4 18 LSB 1235HZ 83
  4 19 tw/sc/5