41-1517

41-1517. Motion picture production tax
incentives; duties; definitions

A. From and after December 31, 2005 through December 31, 2010, the department of
commerce shall qualify motion picture production companies that produce one or more
motion pictures in this state for motion picture production tax incentives, subject to
the following requirements and conditions:

1. Except as provided in subsection K of this section, a motion picture production
company must spend at least two hundred fifty thousand dollars toward production costs in
this state producing each motion picture.

2. For the purpose of this section, production costs are limited to and subject to
the following conditions:

(a) Salaries and other compensation for talent, management and labor paid to
residents of this state, as defined by section 43-104.

(b) A story and scenario to be used for a motion picture.

(c) Set construction and operations, wardrobe, props, accessories and related
services in this state. Expenses paid for construction contracts are limited to
contractors who are licensed under title 32, chapter 10.

(d) Photography, sound synchronization, lighting and related costs incurred in this
state.

(e) Editing and related services performed in this state.

(f) Rental of facilities and equipment in this state.

(g) Catered food, drink and condiment purchased in this state.

(h) Other direct in-state costs of producing the motion picture, pursuant to rules
adopted by the department of revenue that follow generally accepted accounting standards
for the motion picture industry.

(i) Payments for penalties and fines do not qualify as production costs.

(j) Expenses incurred before the date of notice of preapproval under subsection D
of this section do not qualify as production costs.

3. A motion picture production company or its authorized payroll service company
must employ residents of this state in its production activities as follows:

(a) In 2006, at least twenty-five per cent of full-time employees working in this
state must be residents of this state.

(b) In 2007, at least thirty-five per cent of full-time employees working in this
state must be residents of this state.

(c) In 2008 and every subsequent taxable year, at least fifty per cent of full-time
employees working in this state must be residents of this state.

4. A motion picture production company must submit a completed application pursuant
to subsection C of this section. An application is complete on receipt of all requested
information.

5. A motion picture production company must include in the credits for each motion
picture, other than a commercial advertisement or music video, an acknowledgement that
the production was filmed in Arizona.

B. Only a motion picture production company that demonstrates that it has the
lawful right to produce a particular production may apply for qualification under this
section with respect to that production.

C. A motion picture production company initially applying for qualification under
this section must report the following to the department of commerce on a form and in a
manner prescribed by the department, with the cooperation of the department of revenue:

1. The name, address, telephone number and website of the motion picture production
company.

2. The name and address of an individual who will maintain records of expenditures
in this state.

3. The projected first preproduction date and last production date in this state.

4. The production office address and office telephone number in this state.

5. The estimated total budget of the production.

6. The estimated total expenditures in this state.

7. The estimated total percentage of the production taking place in this state.

8. The estimated level of employment of residents of this state in the cast and
crew.

9. A script, including a synopsis, the proposed director and a preliminary list of
the cast and producer, except that, with respect to a television series, other than a
pilot production, in lieu of a script the applicant must include:

(a) A synopsis of the general nature of the series.

(b) A description of the characters and the intended nature of their interaction
with each other.

(d) A description of the sets.

(e) The intended distribution or broadcast medium with specific television
channels, if known.

10. An affirmation signed by any person who will be credited on screen as the
producer or producers of the motion picture, not including the executive producers,
associate producers, assistant producers or line producers, that:

(a) The motion picture production company agrees to furnish records of expenditures
in this state to the department of revenue on request.

(b) Any items purchased with a certificate issued under section 42-5009, subsection
H are intended for use by the applicant directly in motion picture production.

D. The department of commerce shall review all applications within thirty days
after submission of a complete application pursuant to subsection C of this section to
determine whether the motion picture production company satisfies all of the criteria
provided in subsection A of this section and shall establish the process by which the
department qualifies and preapproves a company for motion picture production tax
incentives. This process shall preapprove a company for motion picture production tax
incentives based on priority placement established by the date that such motion picture
production company filed its initial application for qualification with the department.

E. The department of commerce may conduct a site visit to verify that production
has begun. Within ninety days after the department preapproves the company's initial
application, the company must submit notice to the department that production has begun
and provide at least one of the following:

1. A copy of a contract, loan out agreement or deal memo with a cameraman and crew.

2. A copy of the crew call sheet for the first day of production.

3. Evidence that residents of this state have been paid a total of at least five
thousand dollars for work on the preapproved motion picture.

4. A copy of a contract or agreement directly attributable to the preapproved
motion picture.

F. Preapproval by the department of commerce under subsection D of this section
lapses, the application is void and the amount of the preapproved incentives does not
apply against the dollar limit prescribed by subsection J of this section if, within
ninety days after the department preapproves the company, the company fails to provide
documentation of either:

1. Its expenditure in this state of the lesser of:

(a) Ten per cent of the estimated total state budget of the production.

(b) Two hundred fifty thousand dollars.

2. A completion bond, equal to the estimated total budget of the production, for
the production of the motion picture for which the company was preapproved. For the
purposes of this paragraph, "completion bond" means an executed written contract, issued
by an insurance company with an insurance industry rating of B+ or better by A.M. Best
company guarantying to the financiers of the project that it will be completed according
to the terms of the preapproved application submitted by the production company in its
application.

G. The preapproved amount applies against the dollar limit prescribed by subsection
J of this section for the year in which the application was submitted regardless of
whether the initial preapproval period extends into the following year or years. Before
the expiration of the initial preapproval or requalification period, a company may
voluntarily relinquish unused credit amounts.

H. The department of commerce shall reallocate the amount of credits that is
voluntarily relinquished under subsection G of this section, that lapses under subsection
F of this section or that lapses under subsection O of this section. The reallocation
shall be to other motion picture production companies that applied in the original credit
year based on priority placement. The amount of the reallocated credits shall continue to
apply against the dollar limit of the original credit year regardless of the year in
which the reallocation occurs. If for any year an unused balance occurs in the income tax
credits authorized under the dollar limit prescribed by subsection J of this section:

1. The balance shall be allocated to motion picture production companies that
successfully appeal the denial of approval under this section or section 41-1517.01. Any
amount of income tax credits due to successful appeals that are not paid from an unused
balance in any year shall be paid against the dollar limit allowed by subsection J of
this section in the following year.

2. Any remaining unused balance shall be reallocated for the purposes of this
section in the following year.

I. Beginning with the tax credits allocated for 2006 pursuant to subsection J of
this section, an approved credit offsets tax liability for the taxable year for which the
credit was originally allocated or any subsequent taxable year within the applicable
carryforward period pursuant to section 43-1075, subsection G or section 43-1163,
subsection G. The credits must be claimed on a timely filed original income tax return,
including extensions.

J. Subject to the requirements of section 41-1517.01 and subsections K and U of
this section, the department of commerce shall not preapprove income tax credits
exceeding a total of:

1. Thirty million dollars for 2006.

2. Forty million dollars for 2007.

3. Fifty million dollars for 2008.

4. Sixty million dollars for 2009.

5. From and after December 31, 2009, seventy million dollars for a single year.

6. Five million dollars for an individual motion picture application in 2007.

7. Seven million dollars for an individual motion picture application in 2008.

8. Eight million dollars for an individual motion picture application in 2009.

9. From and after December 31, 2009, nine million dollars for an individual motion
picture application.

K. Beginning in 2008, the following provisions apply with respect to commercial
advertisement and music video production:

1. Five per cent of the maximum dollar amount of income tax credits prescribed for
any year by subsection J of this section is reserved for use with respect to commercial
advertisement and music video production.

2. A commercial advertisement or music video production company may apply for
qualification under subsection C of this section before the company reaches the minimum
expenditure threshold requirements of subsection A, paragraph 1 of this section.

3. In lieu of a script under subsection C, paragraph 9 of this section, the
applicant must submit a synopsis or storyboard that:

(a) Identifies the product, service, person or event for a commercial advertisement
or the artist and song for a music video.

(b) Describes the general content or message to be conveyed.

(d) Describes the sets.

(e) Describes the intended distribution or medium and specific channels, if known.

4. The department must review the completed application within fifteen business
days.

5. Expenses incurred before the date of submission of a completed application under
subsection C of this section do not qualify as production costs.

6. The department shall allocate the income tax credit incentives based on priority
placement established by the date that the company files its application and based on the
percentage of estimated total expenditures in this state allowed as a credit under
section 43-1075 or 43-1163.

7. Within sixty days after applying with the department under subsection C of this
section, a company that is preapproved for a specific production must notify and provide
documentation of expenditures to the department of the total amount of eligible
production costs associated with the production.

8. The company is not eligible for income tax credit incentives until the company's
eligible production expenditures reach two hundred fifty thousand dollars in a period of
twelve consecutive months. When the company reaches that threshold, the company may apply
to the department for approval of the income tax credit incentives pursuant to subsection
O of this section. Applications for approval of income tax credit incentives may not be
submitted by the same company more frequently than once a calendar month.

9. Notwithstanding any other provision of this section, the department of commerce
shall adopt rules and prescribe forms and procedures as necessary for the purposes of
this subsection.

L. Except for applications with respect to commercial advertisement and music video
production under subsection K of this section, after October 31 of each year, if the
department has preapproved the maximum calendar year tax credit amount pursuant to
subsection J of this section, the department may accept initial applications for the next
calendar year. The preapproval of any application pursuant to this subsection shall not
be effective prior to the first business day of the following calendar year. The
department may accept initial applications with respect to commercial advertisement and
music video production under subsection K of this section only during the calendar year
in which the credits would be allotted.

M. Subject to subsection O of this section, the department of commerce shall deny
an application submitted on completion of the production pursuant to subsection O of this
section if it determines that:

1. The motion picture production company does not meet all of the established
criteria provided in subsection A of this section.

2. The production would constitute an obscene motion picture film or obscene
pictorial publication under title 12, chapter 7, article 1.1.

3. The production depicts sexual activity as defined in title 13, chapter 35.

4. The production would constitute sexual exploitation of a minor or commercial
sexual exploitation of a minor under title 13, chapter 35.1.

N. On a determination by the department of commerce that a motion picture
production company qualifies for motion picture production tax incentives, the department
shall issue the company a written letter of qualification and transmit a copy of the
letter to the department of revenue. Beginning from and after December 31, 2007, a letter
of qualification is effective for twenty-four consecutive months as stated in the letter.

O. Upon completion of the motion picture production, a motion picture production
company that qualifies for the motion picture tax incentives shall apply to the
department in writing for approval of income tax credits, submit a viewable copy of the
motion picture, except as provided in subsection P of this section, and certify the total
amount of eligible production costs associated with the project incurred from and after
December 31, 2005. From and after June 30, 2006, the department shall provide approval to
a motion picture production company that it has met the eligibility requirements of this
section and shall notify the department of revenue that the motion picture production
company may claim the tax credits pursuant to sections 43-1075 and 43-1163. If the
eligible production costs actually spent are less than the amount preapproved for income
tax credits, the preapproved amount not incurred lapses and does not apply against the
dollar limit prescribed by subsection J of this section for that year.

P. A motion picture production company may apply for postapproval of the production
under subsection O of this section before a viewable copy of the production is
available. To do so, the company must submit with its application a letter of credit,
payable to the department of revenue, providing that within two business days after the
issuer receives a written determination from the department of commerce that the
production fails to qualify for the tax credits the issuer will pay to the department of
revenue the full face value of the income tax credits in the application. If the
department of revenue draws on the letter of credit, the monies shall be transferred to
and held in an interest bearing account pending the final outcome of an appeal, if any.
The letter of credit may be released on the determination by the department of commerce
that the completed production qualifies for the tax credits.

Q. If a preapproved motion picture production company fails to undertake
production, as described in subsection F of this section, and also fails to voluntarily
relinquish the unused credit amounts for reallocation by the department as provided by
subsection G of this section within the ninety-day period, the company and all persons
signing the application for preapproval are disqualified from receiving, or participating
in any motion picture production company that applies for or receives, tax incentives
pursuant to this section for three years after the original application.

R. The department of commerce, with the cooperation of the department of revenue,
shall adopt rules and publish and prescribe forms and procedures as necessary to
effectuate the purposes of this section.

S. Any information gathered from motion picture production companies for the
purposes of this section, or applicants for infrastructure incentives for the purposes of
section 41-1517.01, shall be considered confidential taxpayer information and shall be
disclosed only as provided in section 42-2003, subsection B, paragraph 12, except that
the department shall publish the following information in its annual report:

1. The name of each motion picture production company and infrastructure applicant
and the amount of income tax credits preapproved for each production and infrastructure
project.

2. The amount of credits approved with respect to each production.

T. The department of commerce shall:

1. Keep annual records of the information provided on applications for motion
picture production tax incentives. These records shall reflect a percentage comparison of
the annual amount of monies exempted or credited to qualifying motion picture production
companies to the estimated amount of monies spent on in-state production costs by motion
picture production companies.

2. Maintain annual data on growth in Arizona-based motion picture industry
companies and motion picture industry employment and wages.

3. Not later than April 30 of each year, prepare and publish a report summarizing
the information collected pursuant to this subsection. The department shall make copies
of the annual report available to the public on request.

U. Subject to annual legislative authorization, the amount of three hundred thirty
seven thousand seven hundred dollars from the dollar amount of income tax credits under
subsection J of this section is allocated each year to the department of commerce for up
to six full-time equivalent positions dedicated solely for the purposes of this section
and section 41-1517.01. If the income tax credits terminate pursuant to subsection A of
this section and section 41-1517.01, subsection A, the authorization under this
subsection and any positions dedicated for those purposes also terminate.

V. For the purposes of this section:

1. "Commercial advertisement" means an advertising message designed for delivery
through either:

(a) A motion picture film or video medium to attract the attention of consumers or
influence consumers' feelings toward a particular product, service, event or cause.

(b) Still photography that is used in national or international print media to
attract the attention of consumers or influence consumers' feelings toward a particular
product, service event or cause.

2. "Motion picture" means a single medium or multimedia program, including a
commercial advertisement, music video or television series, that:

(a) Is created by production activities conducted in whole or in part in this
state.

(b) Can be viewed or reproduced.

Motion picture does not include any production featuring actual news, current events,
weather, locally produced and locally broadcast television productions, financial market
reports, concerts, internet broadcasts, talk shows and interviews, game shows, sporting
events, award or other gala events, a production whose sole purpose is fund-raising, a
production used for corporate or organizational training or in-house corporate
advertising or other similar production activities.

3. "Motion picture production company" or "production company" means any person
primarily engaged in the business of producing motion pictures and that has a physical
business office and bank account in this state.

4. "Motion picture production tax incentives" means the tax deductions for
transaction privilege and use taxes listed in section 42-5009, subsection H and the
credit against income taxes provided under section 43-1075 or 43-1163.

5. "Music video" means a filmed or videotaped rendition of a song or songs,
portraying musicians performing the song or other visual images set to the lyrics of the
song.

6. "Television series" means a group of productions that is created or adapted for
television broadcast with a common series title, that is related to each other in subject
or theme, that is produced seasonally for appearing at scheduled intervals, but subject
to discretionary programming and scheduling decisions, and with or without a
predetermined number of episodes. Television series includes a pilot production for the
promotion or introduction of a television series.