ARTICLE
12 August 2014

Production Tax Incentives For Documentary Films

FK
Frankfurt Kurnit Klein & Selz
Contributor
Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
State production tax incentives have become an increasingly important part of any financing plan for feature length fiction films.
United States Media, Telecoms, IT, Entertainment
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State production tax incentives have become an increasingly important part of any financing plan for feature length fiction films. But what about documentary films?

Documentary filmmakers often do not consider production incentives because the filmmaker's focus is on the subject of the documentary - which drives the production locations. Even so, it is worth considering whether the state in which the subject of the documentary will be filmed offers production incentives. The incentives may help attract investors by guaranteeing at least partial recoupment of the investment, particularly if the financing structure permits the tax credit revenue to go first to those investors (if a film has other sources of financing such as grants or donation model crowdfunding revenues).

Even if only postproduction is done in a state with production incentives, those costs may be eligible for a tax credit refund or rebate, or be available to be sold if in a transferable tax credit state.

Of course, the structure of the financing of a documentary is critical in order to maximize the chances of monetizing state production incentives for documentaries in a tax efficient manner.

To help our clients and friends identify the states that make production tax incentives available for documentary filmmakers, we put together a summary which you can find here.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

ARTICLE
12 August 2014

Production Tax Incentives For Documentary Films

United States Media, Telecoms, IT, Entertainment
Contributor
Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
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