reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1601 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to implement the Motion Picture Investor Tax Credit Program as
				  established by
				  R.S.
				  47:6007.
B. This Chapter shall be administered to
				  achieve the following:
1. to encourage
				  development of a strong capital and infrastructure base within the state for
				  the motion picture and related industries;
2. to achieve a self-supporting, independent,
				  indigenous industry; and
3. to
				  encourage development of state of the art motion picture production and
				  post-production facilities:
a. in the
				  short-term, to attract private investors in state-certified productions and
				  state-certified infrastructure projects;
b. in the long-term, to encourage the
				  development of a skilled state workforce trained in the film and video
				  industry.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1603 - General Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  program offers two distinctive incentives: production and infrastructure.
1. Production
a. If the total base investment exceeds
				  $300,000, each investor shall be allowed a tax credit based upon their
				  investment as follows:
i. for state-certified
				  productions initially certified on or after January 1, 2004, but before January
				  1, 2006:
(a) a 10 percent tax credit, if the
				  total base investment is more than $300,000 and less than $8,000,000;
(b) a 15 percent tax credit, if the total
				  base investment is more than $8,000,000.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1609 - Additional Program Provisions-Production

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payroll Tax Credit
1. To the extent base investment is expended
				  on payroll for Louisiana residents employed in connection with a
				  state-certified production:
a. for
				  state-certified productions initially certified before July 1, 2009, each
				  investor shall be allowed an additional tax credit of 10 percent of such
				  payroll;
b. for state-certified
				  productions initially certified after July 1, 2009, each investor shall be
				  allowed an additional tax credit of 5 percent of such payroll.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1613 - Application of the Tax Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Prior to claiming a tax credit on any tax return, or transferring any tax
				  credit, a person must apply for and obtain a final certification. The investor
				  tax credit may be earned, transferred, allocated, and claimed as follows.
1. Earn. Individuals or entities may earn
				  investor tax credits pursuant to
				  R.S.
				  47:6007(C)(1).
a. Once tax credits are earned by an
				  individual or entity, such individual or entity and any subsequent transferee,
				  may transfer or allocate the investor tax credits.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1615 - Louisiana Screenplay Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. For
				  state-certified productions initially certified on or after July 1, 2015, with
				  expenditures occurring on or after July 1, 2015, a state-certified production
				  company which demonstrates that it owned or optioned to own a Louisiana
				  screenplay, which has been held by a qualified Louisiana production company for
				  a minimum of 12 months prior to production, may be eligible for an additional
				  15 percent of base investment tax credit.
2.
Louisiana Screenplay
-
a. a screenplay created by a Louisiana
				  resident; or
b. a screenplay
				  purchased, optioned, licensed or otherwise acquired, from a Louisiana
				  publisher:
i. in each case, as evidenced by
				  documents such as certificate of authorship, a WGA registration certificate,
				  the records of the United States Copyright Office, or a reasonable legal
				  opinion issued to the office.
3.
Qualified Louisiana Production
				  Company (QLPC)
-
a
motion picture production company,
				  organized under Louisiana law, or otherwise domiciled and authorized to do
				  business in Louisiana, having its principal place of business in Louisiana,
				  which files Louisiana income tax returns and can also demonstrate:
a. the power and authority to make creative
				  decisions with respect to a motion picture being produced by a state-certified
				  production company, including but not limited to final cut authority;
				  and
b. either of the following:
i. Louisiana ownership-must be able to prove
				  that the company is 100 percent owned by a Louisiana resident or residents, who
				  are natural persons who have been domiciled in and maintained a permanent place
				  of abode in Louisiana for no less than 12 consecutive months prior to beginning
				  of pre-production; or
ii. Louisiana
				  employees-must be able to prove that the company has directly employed a
				  minimum of 3 full-time Louisiana residents for a minimum of 12 months prior to
				  beginning of pre-production.
4. LED shall post on its website a listing of
				  approved Louisiana publishers and qualified Louisiana production companies.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1616 - Definitions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6007.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1617 - Louisiana Music

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				  state certified productions initially certified on or after July 1, 2015, with
				  expenditures occurring on or after July 1, 2015, to be eligible for an
				  additional 15 percent tax credit for music expenditures, an applicant company
				  must meet the following criteria:
1. services
				  performed in Louisiana-music expenditures were for services performed in
				  Louisiana, with job titles such as composer, songwriter, performer, musician,
				  sound designer, arranger, producer. The purchase of a preexisting musical work
				  from a procurement company will not qualify; and
2. Louisiana copyright ownership-must be able
				  to prove that the sound recording copyright or musical copyright is either:
a. owned in whole or in no part less than 25
				  percent by a Louisiana resident or residents, or
b. owned by a company headquartered in the
				  state, with a majority ownership (51 percent+) of Louisiana
				  residents;
c. the purchase of a
				  copyright from a procurement company will not qualify.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1619 - Louisiana Promotional Graphic

Current through Register Vol. 50, No. 6, June 20, 2024
A. For state-certified productions initially
				  certified on or after August 1, 2015, to be eligible for the entire 30 base
				  investment tax credit, motion picture production applicants with base
				  investments in excess of $300,000 must be able to demonstrate, at time of
				  request for final certification, that either that they have complied with the
				  Louisiana promotional graphic requirements set forth below, or that an
				  alternative marketing opportunity has been approved in writing by LED.
1. Approved Louisiana promotional graphic
				  requirements:
a. a five-second long static or
				  animated graphical brand or logo promoting Louisiana, that has been approved in
				  writing by LED;
b. for feature
				  films, or other production types with a customary end credit crawl, the
				  approved logo is to be placed in the end credits, before the below-the line
				  crawl for the life of the production;
i. LED
				  shall deem "life of the production" to mean that the approved logo is
				  permanently embedded within the subject of the state certified production;
				  and
c. the production
				  company includes an approved Louisiana promotional link or prominent credit to
				  Louisiana on its own website, or that of an approved affiliated
				  company.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter A - Motion Picture Production Tax Credit Program › Section I-1621 - Louisiana Filmmaker Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A. For state-certified productions initially
				  certified on or after July 1, 2015, with expenditures occurring on or after
				  July 1, 2015, to be eligible for the 30 percent base investment tax credit,
				  motion picture production applicants with base investments in excess of $50,000
				  but less than $300,000, must be able to demonstrate at time of request for
				  final certification that 90 percent of the Louisiana base investment expended
				  on above the line services has been expended for the services of Louisiana
				  residents and that at least 90 percent of the total production jobs have been
				  filled by Louisiana residents. No credits shall be earned by applicant, and LED
				  shall void any initial certification letter issued and deny final certification
				  requests if applicant fails to demonstrate such compliance.
B. Compensation for above the line services
				  performed in Louisiana shall be paid directly to a Louisiana resident, and any
				  payments made to a loan-out company shall not be considered Louisiana resident
				  payroll for the purposes of above-the-line percentage calculations.
C. Production jobs may include, but not be
				  limited to cast and crew positions customarily considered below the line in the
				  film and television industry, such as: production manager, cinematographer, set
				  designer, make-up artist. Extras shall not be considered a production job for
				  purposes of production job percentage calculations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6007
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1623 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The
				  purpose of this Sub-chapter is to implement the Qualified Entertainment Company
				  Payroll Tax Credit Program as established by Act 309 of the 2017 Regular
				  Session of the legislature, contained within the Motion Picture Production Tax
				  Credit Program, pursuant to the provisions of
				  R.S.
				  47:6007.
B. Program Description. The Qualified
				  Entertainment Company Payroll Tax Credit Program provides payroll tax credits
				  as an inducement for qualified entertainment companies ("QEC"s) to permanently
				  locate new or expand existing operations in Louisiana.
C. No other LED incentives for QEC payroll
				  expenditures. A QEC shall not receive any other incentive administered by LED
				  that is based directly upon any QEC Payroll, for which the QEC is obligated or
				  has received benefits under the QEC Contract.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6007.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1624 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Terms not
				  otherwise defined in this sub-chapter shall have the same meaning given to them
				  in
				  R.S.
				  47:6007, unless the context clearly requires
				  otherwise.
B. In this Sub-chapter,
				  the following terms shall have the meanings provided herein, unless the context
				  clearly indicates otherwise.
Affiliate
-
a. any business entity that is:
i. controlled by the QEC;
ii. a controlling owner of the QEC; or
iii. controlled by an entity
				  described in Subparagraph a or b;
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1625 - QEC Application and Application Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application
1. A QEC application form shall be submitted
				  to the office, via registered mail or if available, submitted electronically,
				  to include;
a. a detailed company
				  description, explaining how the business is directly or indirectly engaged in
				  the development of audio, visual, or both audio-visual entertainment products
				  for public consumption;
b. number
				  of current and proposed new employees, with payroll estimates and average hours
				  worked per week;
c. disclosure of
				  affiliates;
d. most recent ES-4 tax
				  form;
e. any other additional
				  information as requested by the office or the secretary.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1626 - QEC Application Review and Qualification Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application Review
1. When determining which applicants may
				  qualify, the office and the secretary shall consider a number of discretionary
				  factors, including but not limited to:
a.
				  entertainment business type:
i. eligible
				  business types- may include but not be limited to;
(a). visual effect companies;
(b). entertainment business back-office
				  support
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1627 - QEC Contract

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Upon a determination of qualification, and receipt of the $7,500 expenditure
				  verification report fee advance deposit, the office and the secretary may enter
				  into a QEC contract with an applicant, which shall include but not be limited
				  to:
1. job and payroll estimates, per
				  calendar year;
2. tax credit
				  reservation schedule, per fiscal year;
3. expenditure verification report
				  fees;
4. procedure for requesting
				  final certification of tax credits;
5. requirements for eligibility to receive
				  final certification of tax credits, including but not limited to retention of
				  baseline jobs, establishment of new jobs and attainment of minimum payroll
				  threshold;
6. term for a period of
				  up to five years, as may be offered by the office and the secretary;
7. designation of a single project site in
				  Louisiana- the QEC payroll tax credits the applicant shall receive will be
				  based upon the operations at the project site;
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1628 - QEC Final Certification Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. By March 1 of every year, QECs may request
				  final certification of credits by filing its employee W-2s with the office and
				  its assigned CPA, and any other additional information as requested by LED to
				  verify conformance with statutory requirements.
B. An expenditure verification report shall
				  then be completed by an independent certified public accountant, licensed in
				  the state of Louisiana and assigned by LED. Failure to submit W2s by March 1
				  may result in credit issuance being delayed into the next available fiscal
				  year.
C. After receipt and review
				  of the expenditure verification report, and any other supporting documentation,
				  the office and the secretary shall issue a final tax credit certification
				  letter to the QEC indicating the type, credit rate and amount of credits
				  granted, in accordance with the provisional allocations and amounts set forth
				  in the tax credit reservation schedule, or a written denial.
1. In the event that less than the reserved
				  amount of tax credits has been verified, any unused credits will be released
				  and made available for issuance by the office.
2. In the event that more than the reserved
				  amount of tax credits has been verified, the office shall preliminarily issue
				  tax credits in an amount not to exceed the total set forth in the tax credit
				  reservation schedule, but may at its discretion, subsequently issue a
				  supplemental tax credit for any excess expenditures, subject to availability of
				  credits in any given fiscal year.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1629 - General Award Provisions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6007.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1631 - Purpose and Description of Louisiana Sound Recording Investor Tax Credit Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  purpose of this program is to encourage development in Louisiana of a strong
				  capital and infrastructure base for sound recording productions in order to
				  achieve an independent, self-supporting sound recording industry, and to
				  encourage investments in multiple state-certified sound recording production
				  projects and infrastructure.
B.
				  Approvals and certifications as to whether a project qualifies as a
				  state-certified production as required for Sound Recording Investor Tax Credits
				  are not to be considered as entitlements for sound recording production
				  companies, and the Louisiana Department of Economic Development shall have the
				  discretion to determine whether or not each particular sound recording or
				  infrastructure project, meets the criteria for such qualification as provided
				  herein.
C. These rules implement
				  the Louisiana Sound Recording Investor Tax Credit pursuant to
				  R.S.
				  47:6023. This credit was created by Act 485
				  (H.B. 631), Laws 2005 and amended by Act 368 (S.B. 70), Laws 2007 of Reg.
				  Sess., effective July 1, 2007.
D.
				  These provisions are in addition to and shall not limit the authority of the
				  Secretary of the Department of Revenue to assess or to collect under any other
				  provision of law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6023.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1639 - Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application of
				  the Sound Recording Investor Tax Credits
1.
				  The sound recording investor tax credit can be used to offset taxes, penalties
				  and interest.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter B - Motion Picture Production Tax Credit Program-Qualified Entertainment Company Payroll Tax Credit Program › Section I-1641 - Illustrative examples of Production Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligible. Eligible production expenditures
				  shall include, but not be limited to, studio rental, musician/ performance
				  fees, travel and airfare if booked through a Louisiana travel agent, producer
				  fees within limitation, legal fees within limitation, music copying fees,
				  orchestration fees, music publishing/clearance fees, and fees for mixing and
				  mastering only on recordings originally made in Louisiana.
B. Ineligible costs include, but are not
				  limited to, CD duplication, costs for marketing and distribution and any costs
				  associated with filming/video.
C.
				  Limitations for Certain Transactions
1.
				  Related Party Transactions. LED may request and use additional information in
				  determining the extent to which expenditures for related party transactions
				  will be certified, by requesting and obtaining documentation including, but not
				  limited to, third-party contracts, notarized affidavits, tax records, W2's,
				  1099's and cancelled checks. Related party transactions may be referred to the
				  Office of the Inspector General for further review.
2. Producer fees may be limited to no more
				  than 20 percent of base investment.
3. Legal fees shall be limited to no more
				  than 10 percent of base investment.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter C - Louisiana Sound Recording Investor Tax Credit Program › Section I-1661 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to administer the Louisiana Digital Media and Software Act as
				  established by
				  R.S.
				  47:6022.
B. The purpose of this program is to
				  encourage the development in Louisiana of a strong capital base for the
				  production of digital interactive media products and platforms in order to
				  achieve a more independent, self-supporting industry.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6022.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter C - Louisiana Sound Recording Investor Tax Credit Program › Section I-1663 - General Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  program offers a tax credit for the producers of digital interactive media
				  projects, which submitted applications prior to January 1, 2009 and for the
				  producers of digital interactive media products and platform projects which
				  submitted applications on or after July 1, 2009.
B. Tax credits are earned per calendar year
				  at the time funds are expended in Louisiana on a state certified
				  production.
C. Tax credits shall
				  never exceed the total base investment in a state certified
				  production.
D. For expenditures
				  incurred prior to January 1, 2012, credits are non-refundable, transferable
				  credits with a 10 year carryover period. For expenditures incurred on or after
				  January 1, 2012, credits are refundable, contain no transferability or
				  carryover provisions, and a company may elect, on a one time basis, to receive
				  an 85 percent rebate instead of the refundable credit.
E. These rules shall be subject to oversight
				  by the House Committee on Ways and Means and the Senate Committee on Revenue
				  and Fiscal Affairs, in accordance with the Administrative Procedure
				  Act.
F. Applicants may apply for
				  more than one tax credit program administered by the Department of Economic
				  Development, provided that:
1. separate
				  applications are submitted per program;
2. expenditures shall only qualify for one
				  specified program; and
3. multiple
				  applications shall not result in any duplication of tax credits.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter C - Louisiana Sound Recording Investor Tax Credit Program › Section I-1667 - Certification Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Application
1. An application for a state
				  certified production shall be submitted to the director, including:
a. a distribution plan;
b. a preliminary budget, including estimated
				  base investment;
c. a statement
				  that the project will qualify as a state certified production; and
d. the applicant shall provide additional
				  information upon request.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter C - Louisiana Sound Recording Investor Tax Credit Program › Section I-1668 - Illustrative Examples of Production Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligible:
1. salary expenses directly relating to the
				  development of a state certified production, with position titles including but
				  not limited to programmer, game designer, industrial designer, and quality
				  assurance/tester. When determining eligibility, LED will consider job title,
				  job description, staff resumes and any other factors it deems most appropriate
				  under the circumstances;
2.
				  preproduction stage expenses such as design documents, mock-ups and
				  prototypes;
3. testing software,
				  source code development, patches, updates, sprites, three-dimensional models
				  and level design:
a.
testing
				  software
- activities entirely devoted to quality assurance of a
				  product;
b.
three-dimensional models
- electronic media representations,
				  three dimensional representations of geometric data for the purpose of
				  rendering 2D images and performing calculations;
c.
updates
- activities
				  directly relating to recalibrating or revising a product;
4. costs associated with photography and
				  sound synchronization, lighting and related services;
a. lighting and related services - includes
				  but not limited to, the use of motion capture technology or green screen
				  technology;
5. rental of
				  Louisiana facilities and equipment, that are directly related to production. If
				  production facility hosts both qualifying and non-qualifying work areas, rent
				  should be pro rated accordingly;
6.
				  purchase of prepackaged audio files, video files, photographic, or
				  libraries;
7. purchase of license
				  to use pre-recorded audio files, video or photographic files;
8. development costs associated with
				  producing audio files and video files to be used in the production of the end
				  product under development;
9.
				  purchase of game engines or content management platforms produced for general
				  sale.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter C - Louisiana Sound Recording Investor Tax Credit Program › Section I-1671 - Recapture and Recovery of Tax Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the office finds that funds for which a
				  digital interactive media company received credits are not actually expended in
				  Louisiana as a production-related cost of a state-certified production, then
				  the digital interactive media company's state income tax for such taxable
				  period shall be increased by such amount necessary for the recapture of credit
				  provided by this Section.
B.
				  Credits previously granted to a taxpayer, but later disallowed, may be
				  recovered by the Secretary of the Department of Revenue through any collection
				  remedy authorized by
				  R.S.
				  47:1561 and initiated within three years from
				  December 31 of the year in which the credits were earned.
1. The only interest that may be assessed and
				  collected on recovered credits is interest at a rate of three percentage points
				  above the rate provided in
				  R.S.
				  9:3500(B)(1), which shall be
				  computed from the original due date of the return on which the credit was
				  taken.
2. The provisions of this
				  Section are in addition to and shall not limit the authority of the secretary
				  of the Department of Revenue to assess or to collect under any other provision
				  of law.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter C - Louisiana Sound Recording Investor Tax Credit Program › Section I-1673 - Agreed-Upon Accounting Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agreed-upon accounting procedures
				  shall be available to the public as follows:
1. posted on
				  LouisianaEntertainment.gov;
2.
				  available for viewing during regular business hours in the office;
3. sent to the applicant and incorporated
				  into the initial certification letter; and
4. available upon written request to the
				  director.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1696 - Additional Program Procedures-State-Certified Musical or Theatrical Production-Receiving Initial Certification on or after July 1, 2015

Current through Register Vol. 50, No. 6, June 20, 2024
A. State-certified
				  musical or theatrical productions receiving initial certification on or after
				  July 1, 2015 shall be eligible for the following types of tax credits at the
				  prevailing statutory rates, currently as follows.
1. Base Investment Credit
a. If the total base investment is more than
				  $100,000, but less than $300,000 dollars, a tax credit of 7.2 percent
				  applies.
b. If the total base
				  investment is more than $300,000, but less than $1,000,000, a tax credit of
				  14.4 percent applies.
c. If the
				  total base investment is more than $1,000,000, a tax credit of 18 percent
				  applies.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1690 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to administer the Musical and Theatrical Production Income Tax
				  Credit Program as established by
				  R.S.
				  47:6034.
B. The purpose of this program is to
				  encourage development of the state as a leader in the live performance
				  industry.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6034(E).
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1691 - General Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  program offers five types of tax credits, which fall into two categories:
1. productions:
a. qualified production expenses made from
				  investments in a state-certified musical or theatrical production;
b. qualified transportation costs for
				  performance related property;
c.
				  payroll of Louisiana residents employed in connection with a state-certified
				  musical or theatrical production;
d. employment of Louisiana college,
				  universities and vocational-technical students in connection with a
				  state-certified musical or theatrical production;
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1693 - Certification Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Application and Expenditure Verification Report Fees
1. An application for a state-certified
				  production or a state-certified infrastructure project shall be submitted to
				  the department, including:
a. all information
				  required by
				  R.S.
				  47:6034(E)(2)(a);
b. an application fee of 0.5 percent of the
				  estimated total tax credits, with a minimum fee of $500, and a maximum fee of
				  $15,000; and
c. the applicant shall
				  provide additional information upon request.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1694 - Illustrative Examples of Production Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligible:
1. salary expenses directly relating to the
				  development of a state certified production, with position titles including but
				  not limited to: stagehands, crew, electricians. When determining eligibility,
				  LED will consider job title, job description, staff resumes and any other
				  factors it deems most appropriate under the circumstances;
2. artist compensation directly relating to
				  performance days in Louisiana;
3.
				  set construction and operation expenses;
4. special and visual effects
				  expenses;
5. costumes, wardrobes
				  and make-up accessories expenses;
6. costs associated with sound, lighting and
				  staging.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1695 - Additional Program Procedures-State-Certified Musical or Theatrical Production-Receiving Initial Certification prior to July 1, 2015

Current through Register Vol. 50, No. 6, June 20, 2024
A. Production Expenses Made from Investment
				  in State-Certified Musical or Theatrical Productions
1. Qualification of Tax Credits
a. The department shall determine which
				  production expenditures qualify under these regulations and the terms of
				  R.S.
				  47:6034.
b. Examples of qualifying expenditures are
				  set forth in
				  R.S.
				  47:6034(B)(6)(a).
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1697 - Certification Procedures-Infrastructure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Qualification of the Infrastructure
				  Project
1. Tax credits may be granted only
				  for:
a. infrastructure projects directly
				  related to the production or performance of musical or theatrical
				  productions;
b. equipment, movable
				  and immovable property related thereto; and
c. any other facility which supports and is a
				  necessary component of such a facility.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1698 - Certification Procedures-Infrastructure [Formerly Section 1697]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Qualification of
				  the Infrastructure Project
1. Tax credits may
				  be granted only for:
a. infrastructure
				  projects directly related to the production or performance of musical or
				  theatrical productions;
b.
				  equipment, movable and immovable property related thereto; and
c. any other facility which supports and is a
				  necessary component of such a facility.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter D - Musical and Theatrical Production Income Tax Credit Program › Section I-1699 - Application of the Tax Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Prior to claiming a tax credit on any tax return, or transferring any tax
				  credit, a person must apply for and obtain final certification.
B. After receiving final certification, a
				  person may transfer the credit as follows.
1.
				  Only one transfer is allowed.
2.
				  The credit, and/or refund of an overpayment, may be transferred by sending a
				  written notice of such transfer to the Department of Revenue.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter E - Musical and Theatrical Production Income Tax Credit Program › Section I-1701 - Additional Program Procedures-State-Certified Musical or Theatrical Production-Receiving Initial Certification on or after July 1, 2015

Current through Register Vol. 50, No. 6, June 20, 2024
A. State-certified musical or theatrical
				  productions receiving initial certification on or after July 1, 2015 shall be
				  eligible for the following types of tax credits at the prevailing statutory
				  rates, currently as follows.
1. Base
				  Investment Credit
a. If the total base
				  investment is more than $100,000, but less than $300,000 dollars, a tax credit
				  of 7.2 percent applies.
b. If the
				  total base investment is more than $300,000, but less than $1,000,000, a tax
				  credit of 14.4 percent applies.
c.
				  If the total base investment is more than $1,000,000, a tax credit of 18
				  percent applies.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 16 - Louisiana Entertainment Industry Tax Credit Programs › Subchapter E - Musical and Theatrical Production Income Tax Credit Program › Section I-1703 - Additional Program Procedures-State-Certified Higher-Education Musical or Theatrical Infrastructure Projects-Receiving Initial Certification on or after July 1, 2015

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  State-certified higher education musical or theatrical infrastructure projects
				  receiving initial certification on or after July 1, 2015 shall be eligible for
				  the following types of tax credits at the prevailing statutory rates, currently
				  as follows:
1. base investment
				  credit-qualifying expenditures made in Louisiana, on or before January 1, 2022,
				  for the construction, repair or renovation of a state-certified higher
				  education infrastructure project:
a. if the
				  total base investment is more than $100,000, but less than $300,000 dollars, a
				  tax credit of 7.2 percent applies;
b. if the total base investment is more than
				  $300,000, but less than $1,000,000, a tax credit of 14.4 percent
				  applies;
c. if the total base
				  investment is more than $1,000,000, a tax credit of 18 percent
				  applies;
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 19 - Miscellaneous Tax Exemptions, Credits and Deductions › Section I-1901 - Employer Tax Credits for Donations of Materials, Equipment, or Instructors to Certain Training Programs or Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Department
- the Department of
				  Revenue.
Employer
- an entity authorized to do
				  business in the state of Louisiana that employs one or more individuals
				  performing services on its behalf.
Instructor
- an individual qualified, as
				  determined by the training institution, to provide educational or instructional
				  services designed to furnish technical knowledge to persons enrolled in a
				  training program when the instructor's time or salary are donated by an
				  employer.
a. The donation of an
				instructor's time is when the instructor, while on the payroll of the donating
				employer, is allowed to spend a portion or all of a work day providing
				instructional services either on the premises of the training institution or on
				the employer's premises, when approved by the training institution as part of
				the training curriculum.
b. The
				donation of an instructor's salary is when the funds for the salary of an
				instructor, who is an employee and on the payroll of the training institution,
				are provided by the donating employer.
Latest Technology Available in Materials and
				  Equipment
-machinery and equipment that:
a. has never been used except for normal
				testing by the manufacturer to ensure that the machinery or equipment is of
				proper quality and in good working order;
b. has been used by the retailer or
				wholesaler solely for the purpose of demonstrating the product to customers for
				sale;
c. is of the type currently
				manufactured for sale to customers; or
d. has been used by the donating employer for
				three years or less and was still used in production immediately prior to
				donation.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 19 - Miscellaneous Tax Exemptions, Credits and Deductions › Section I-1902 - Inventory Tax Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tax
				Credits for Local Inventory Taxes Paid.
				R.S.
				47:6006 allows a credit for ad valorem taxes
				paid to local governments on inventory held by manufacturers, distributors, and
				retailers.
B. Application to
				Corporations. All entities taxed as corporations for Louisiana income or
				corporation franchise tax purposes shall claim any credit allowable for
				inventory taxes paid by them on their corporation income and corporation
				franchise tax return. This includes, but is not limited to:
1. S corporations;
2. partnerships taxed as corporations for
				income tax purposes;
3. limited
				liability companies (LLC's) taxed as corporations for income tax
				purposes.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 19 - Miscellaneous Tax Exemptions, Credits and Deductions › Section I-1903 - Administration of the School Readiness Tax Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A. General School Readiness Tax Credit
				Provisions
1. For purposes of the tax credits
				in
				R.S. 47:6101
				through 6109, a child will be deemed to be five years of age or less if the
				child is five years of age or less on any day of the taxable year for which a
				credit is claimed.
2. The term
				"business" as used in this regulation means any for-profit or not-for-profit
				entity not including any individual operating in their personal
				capacity.
3. The credits provided
				for in
				R.S. 47:6101
				through 6109 are applicable against individual income tax and corporation
				income and franchise tax but not against income taxes imposed on estates and
				trusts.
Louisiana Administrative Code › Title 61 - REVENUE AND TAXATION › Part I - Taxes Collected and Administered by the Secretary of Revenue › Chapter 19 - Miscellaneous Tax Exemptions, Credits and Deductions › Section I-1905 - Telephone Company Property Assessment Relief Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. Telephone companies are allowed a credit
				for 40 percent of the total ad valorem taxes paid to political subdivisions of
				Louisiana on their public service properties that are assessed by the Louisiana
				Tax Commission at 25 percent of fair market value.
B. The credit can be taken against the
				following state taxes:
1. individual income
				tax;
2. corporation income tax;
				and
3. corporation franchise
				tax.