Motion Picture Production Tax Credits

Regulation Authority:

RIGL Chapter 44-31.2

Purpose and Reason:

Concise Summary of Non-Technical Amendments pursuant to RIGL § 42-35-3(a)(1) These amendments were drafted by the Department of Revenue’s Division of Taxation, in conjunction with the Department of Administration’s Film and Television Office. These amendments are proposed in order to implement the provisions of Section 10, Article 21, Chapter 241 of the Public Laws of 2012 As indicated in the Table of Contents on page 3 of the proposed rules, the amended rules are set forth in eighteen (18) sections. As new rules are added, the numbering has been revised; references to rule numbers are to the numbers within the proposed amended rules. Sections containing non –technical amendments are set forth below: Rule 5 entitled Definitions: Several definitions have been amended, including definitions of “Above the Line Person (p. 4); “Accountant’s Certification” (p. 4); “Amended Production” (p.5); “certificate of Motion Picture Production Tax Credit” (p. 5); “Costs” (pp 5-8); “Costs incurred within the State” (p. 8); “Loan-Out Company” (p. 9); “Motion Picture” (p. 9); “Motion Picture Production Company” (p.10); “Primary Locations” (p. 11); “State Certified Production” (p. 12); “State Certified Production Costs” (p.12); and “Total Production Budget” (p. 13). Three new definitions have been added to Rule 5: “Application Year” p. 5; “Final Production Budget” p. 9; and “Qualified Vendor” pp. 11-12. Rule 6 entitled Overview has been added in order to summarize the process for applying for and receiving motion picture tax credit certificates. See p. 14. Rule 7 entitled Applications has been amended. See pp 14-18. Rule 8 entitled Impact Analysis has been added, in accordance with RIGL section 44-31.2-6.1. See pages 18-20. Rule 9 entitled Certification of a Production has been amended. See pp 21-22. Rule 10 entitled Priority and Allocation of Credits has been amended. See pp 23-24. Rule 12 entitled Cost Report has been amended. See pp 25-26. Rule 13 entitled Determination of Tax Credit has been amended. See p. 26. Rule 14 entitled Issuance of Tax Credit Certificates has been amended. See pp. 26-27. Rule 15 entitled Hearing and Appeals has been added, in order to clarify the process for appeals taken from a decision of the film office and appeals taken from a decision of tax administrator. See pp. 27-28. Rule 17 entitled Sunset has been added, in accordance with RIGL section 44-31.2-11. See p. 29.