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August 11th, 2014
Production Tax Incentives for Documentary Films
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.
For further information or advice about appropriate production and financial structures, please contact Victoria S. Cook at (212) 826 5553 or vcook@fkks.com, or Lisa E. Davis at (212) 826 5530 or ldavis@fkks.com.
Other Entertainment Law Alerts
New California Law Restricts Use of Words “Purchase” & “Buy” for Licensed Digital Goods
On September 24, Gov. Gavin Newsom signed into law AB 2426 (effective Jan. 1, 2025), a consumer protection bill that expands the scope of false advertising in California. In short, AB 2426 prohibits interactive entertainment and digital media companies from using words like “buy,” “purchase,” or any other words that indicate unrestricted ownership over digital goods. Violators may face injunctions and civil penalties imposed by California regulators or civil claims from individuals with proper standing. Read more.
October 3 2024
Major Studios and Guilds Forge New COVID-19 Production Safety Agreement
As production begins to restart in an ever changing COVID-19 landscape, The Alliance of Motion Picture and Television Producers (AMPTP) and other major studios announced an important deal with the DGA, IATSE, Teamsters, Basic Crafts, and SAG-AFTRA -- meant to ensure the safety and security of their members during the upcoming months. Read more.
September 22 2020
New York City Reopens for Film and Television Production
On July 17, 2020 NYC Mayor Bill de Blasio announced that, with the City entering Phase Four of Reopening on Monday July 20th, 2020, film and television production in the City can restart again in earnest. Read more.
July 21 2020
