Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 89 - MISSISSIPPI MOTION PICTURE INCENTIVES AND TELEVISION SERIES INCENTIVES (§§ 57-89-1 — 57-89-51) › Article 1 - MISSISSIPPI MOTION PICTURE INCENTIVE ACT (§§ 57-89-1 — 57-89-7) › Section 57-89-7 - Availability of certain rebates to motion picture production companies in connection with production of motion pictures; request for rebate

(1)
(a)
A motion picture production company that expends at least Fifty Thousand Dollars ($50,000.00) in base investment, payroll and/or fringes, in the state shall be entitled to a rebate of a portion of the base investment made by the motion picture production company. Subject to the provisions of this section, the amount of the rebate shall be equal to twenty-five percent (25%) of the base investment made by the motion picture production company.
(b)
In addition to the rebates authorized under paragraphs (a), (c) and (d) of this subsection, a motion picture production company may receive a rebate equal to twenty-five percent (25%) of payroll and fringes paid for any employee who is not a resident and whose wages are subject to the Mississippi Income Tax Withholding Law of 1968. However, if the payroll and fringes paid for an employee exceeds Five Million Dollars ($5,000,000.00), then the rebate is authorized only for the first Five Million Dollars ($5,000,000.00) of such payroll and fringes.
(c)
In addition to the rebates authorized under paragraphs (a), (b) and (d) of this subsection, a motion picture production company may receive a rebate equal to thirty percent (30%) of payroll and fringes paid for any employee who is a resident and whose wages are subject to the Mississippi Income Tax Withholding Law of 1968. However, if the payroll and fringes paid for an employee exceeds Five Million Dollars ($5,000,000.00), then the rebate is authorized only for the first Five Million Dollars ($5,000,000.00) of such payroll and fringes.
(d)
In addition to the rebates authorized in paragraphs (a), (b) and (c) of this subsection, a motion picture production company may receive an additional rebate equal to five percent (5%) of the payroll and fringes paid for any employee who is an honorably discharged veteran of the United States Armed Forces and whose wages are subject to the Mississippi Income Tax Withholding Law of 1968.
(e)
Base investment, payroll and/or fringes for which a rebate may be requested under this section:
(i)
may not be used or included for the purpose of satisfying any minimum investment required in order to be eligible for a rebate under Section
57-89-51
and
(ii)
may not be used for and shall not be eligible for any rebate authorized under Section
57-89-51
.
(f)
If a motion picture has physical production activities and/or post-production activities both inside and outside the state, then the motion picture production company shall be required to provide an itemized accounting for each employee regarding such activities inside and outside the state for the purposes of proration of eligible payroll based on the percentage of activities performed in the state.
(g)
The total amount of rebates authorized for a motion picture project shall not exceed Ten Million Dollars ($10,000,000.00) in the aggregate.
(h)
The total amount of rebates authorized in any fiscal year shall not exceed Twenty Million Dollars ($20,000,000.00) in the aggregate.
(2)
A motion picture production company desiring a rebate under this section must submit a rebate request to the Department of Revenue upon completion of the project. The request must include a detailed accounting of the base investment made by the motion picture production company and any other information required by the Department of Revenue. Rebates made by the Department of Revenue under this section shall be made from current income tax collections. The Department of Revenue shall not approve any application for a rebate under subsection (1)(b) of this section after July 1, 2017.
(3)
The Department of Revenue shall have all powers necessary to implement and administer the provisions of this section, and the Department of Revenue shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
(4)
The State Auditor may conduct performance and compliance audits under this article according to Section
7-7-211(o)
and may bill the oversight agency.
Laws, 2004, ch. 528, § 4; Laws, 2007, ch. 324, § 2; Laws, 2008, ch. 524, § 2; Laws, 2011, ch. 453, § 2, eff. 3/24/2011.
Amended by Laws, 2023, ch. 479, HB 704,§ 2, eff. 7/1/2023.
Amended by Laws, 2016, ch. 483, SB 2922, 5, eff. 7/1/2016.
Amended by Laws, 2014, ch. 524, SB 2374, 2, eff. 1/1/2014.
Amended by Laws, 2014, ch. 427, HB 1318, 6, eff. 7/1/2014.
Amended by Laws, 2013, ch. 490, SB 2462, 2, eff. 4/12/2013.