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Issues and Actions Truly Free Film

Demand The Government To Incentive Job Creation & Support The Arts (via Fed181 Extension)

America is in danger of losing a critical part of it’s culture: Independent Film. All throughout this year I have heard one producer or director after another complain they can no longer afford to stay in the business. I know I too feel this on a regular basis. Yet, here in New York, I have seen the crafts and support elements run at close to full employment. Why? The New York State Tax Credits keep television and other productions going at a steady pace.

There is no question that effective tax policy can also be job stimulus.

Without any policy for funding of the arts in America,it is critical that we incentive potential investors to consider backing the arts. It was great to hear (via Entertainment Partners’ Film Incentive Services) that there is a movement afoot to reinstate Fed 181. They pointed out:

Congressmen Howard Berman and David Drier co-sponsored a bill (HR 5793) to extend the federal film incentive program aimed at keeping film production in the U.S. Internal Revenue Code section 181 expired at the end of last year. The current proposal would extend the election to treat film costs as an immediate deduction rather than a capital expense. To qualify, productions must spend ≥ 75% of the compensation on services performed in the U.S.

The Hollywood Reporter points out the many benefits for the country at large.

“Berman and Drier point out that runaway foreign production has become a national issue. With production of movies and TV programs now occurring throughout the United States, this industry creates well-paying jobs and generates tangible economic benefits to cities and states nationwide. A typical motion picture employs 350-500 people. Production jobs have an average salary that is 73 percent higher than the current nationwide average. A major motion picture shooting on location contributes $225,000 on average every day to the local economy, so it is no surprise that it is seen as a critical engine of economic development in many places across the country.
Thus, the lawmakers argue, extension of the tax not only will help to promote well-paying film industry jobs but will have a ripple effect across broad sectors of the economy by generating revenue and employment opportunities for a wide range of local businesses, such as caterers, dry cleaners, lodging, equipment rental facilities, transportation vendors and many others.”

If you live in the States, and work in the arts, the least you can do is call your representatives and urge them to support the bill, HR 5793.

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Truly Free Film

Sign The Petition To Demand CA Senate To Extend California’s Film and TV Tax Credit Program NOW!

You can sign the petition right here.

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Issues and Actions

181 Renewed! Indie Filmmakers Rejoice!

Why does this matter? Zak Forsman tweeted it nicely: ” if tax payer is in 35% tax bracket and the film’s shot in a state with a 42% credit, investor’s eligible to get 77% of her investment back.”

To go a tad deeper, Zak Forsman posted it well:

Minutes ago, I received this email from my friend and fellow filmmaker, Justin Evans.

Dear Film Professionals –

Section 181 has finally been renewed! The new Tax Bill was signed into law by President Obama earlier today. The tax law includes Section 744, which includes language that replaces IRS Section 181’s expiration date of December 31, 2009 with December 31, 2011.

http://www.gpo.gov/fdsys/pkg/BILLS-111hr4853enr/pdf/BILLS-111hr4853enr.pdf

Here is what this means:

  • Any money spent on qualifying domestic film production* in 2010 now qualifies for the Section 181 tax write-off.
  • Any money spent on qualifying domestic film production* in 2011 will also qualify for the Section 181 tax write-off.
  • There is no gap in Section 181 protection…which means all the fear and worry that someone might have begun a project in 2009, somehow didn’t get the financing in place and investors invested in early 2010 can now breath a sigh of relief.

Read all of what Zak has to say about it here. Thanks Zak!

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Truly Free Film

Film Finance Overwhelm (pt.2)

Stacey Parks returns with a guest post — and a sequel.

Because Film Finance Overwhelm (Part 1) was such a popular post, I decided to do a Part 2. And because many of the comments and emails I got came in the form of questions, I decided to make the format of this post in Q+A form. I think seeing the answers to some of the most commonly asked questions will clear things up for many of you.

As a refresher, the 4 Film Financing components I talked about in Part 1 – the ones that are working in today’s market to independently finance films outside of the studio system are as follows:

1. Tax Incentives
2. Partnering With Production Companies
3. Pre-Sales
4. Crowd Funding

So let’s move on to Q+A…shall we?

Q: What are the benefits from both sides of partnering with a Production Company or more experienced Producer?

A: The obvious benefit to the new or less-experience Producer is pretty obvious – you get to leverage someone else’s track record to get your film made. But what about the benefit to the other Producer (the bigger one)?

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Truly Free Film

Film Finance Overwhelm

Guest post from Film Specific’s Stacey Parks.

As I’m unwinding from AFM last week, it occurs to me that while many of you are experiencing Distribution Overwhelm, even more of you are experiencing Finance Overwhelm. Why? Because unless you have 100% cash in bank to make your film, what can you do to get your project off the ground?

The way I see it is we’ve entered a time where ‘cobbling together’ different forms of film financing is necessary to make the whole. Sure, private equity (or cash) still plays a role in this new model, but there’s also other methods that need to be explored and implemented to finance your film

Case in point – many filmmakers today are using private equity or cash for development funds, tax incentives and pre-sales for production funds, and crowd funding for finishing funds. Is that too many financing components? Let me put it to you this way….

Ignore a diversified approach to film financing at your peril!

So how and where do you begin on this journey then to cobble together financing for your film?

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Truly Free Film

Film Tax Incentives Need To Focus On Low Budget Production Too!

It is frustrating from an indie producer perspective that all film-centered tax incentives, both here in the US and abroad, are geared towards the higher budgeted films. It is totally understandable though, as the Hollywood & big budget fare bring in the most revenue and the most jobs. This sort of bias however, also limits the growth of local creative talent — in fact you could argue that the bias to high priced production in tax incentives drives out the local talent and thus prevents creative communities from developing in the regions in which the incentives are supposed to help.

Unless such tax incentive programs also focus on the sustainability of the creative community — in addition to maximizing tax revenues and employment — it will always be carpetbaggers who benefit from policy and not the local community.

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Issues and Actions

Help Keep NJ’s Film Tax Credit

I received the following letter from Joseph Guerriero of Tax Credits LLC. Film tax credits are job stimuli. As tough times as these are, it is foolish for any state to dis-incentivize films, and all the money they bring, from shooting in their state.

Follow Joseph’s advice, and write to the representatives and urge it’s passage.

Senator Paul A. Sarlo, Chairman of the Senate Budget and Appropriations Committee, has called a special public Committee hearing to discuss the future of New Jersey’s Film and Digital Media Tax Credit Program. The Hearing will take place on Wednesday, June 9th, from 11:00 am – 1:00 pm at NBC/Universal’s “Mercy” Studio,10 Enterprise Avenue North in Secaucus (just off Meadowlands Parkway).

Introduced last November, the Garden State Film and Digital Media Jobs Act,(Senate, No.3002), which was co-sponsored by Senators Paul Sarlo and Thomas Kean Jr, seeks to enhance the current tax credit program for filmmakers…to attract even more films to the state, stimulate local business and create more jobs. Unfortunately, the new administration has proposed suspending the current program altogether for Fiscal Year 2011 (which begins on July 1, 2010).