HLS 23RS-391 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 562
BY REPRESENTATIVES SCHEXNAYDER, ADAMS, BAGLEY, BOYD, BRASS,
BRYANT, CARPENTER, WILFORD CARTER, CORMIER, DAVIS,
DUBUISSON, FISHER, FREEMAN, GAINES, GAROFALO, GLOVER, GREEN,
HUGHES, JEFFERSON, JENKINS, TRAVIS JOHNSON, KNOX, LAFLEUR,
LANDRY, MARCELLE, MARINO, NEWELL, ROBERT OWEN, PHELPS,
PIERRE, SCHLEGEL, STAGNI, VILLIO, AND WILLARD
TAX CREDITS: Provides relative to the Motion Picture Production Tax Credit
1 AN ACT
2To amend and reenact R.S. 47:6007(B)(11), (C)(1)(a)(iv) and (4)(f)(i)(bb) and (iii) and
3 (h)(iii)(bb), (D)(2)(c)(i) and (d)(i), (I), and (J)(1) and to enact R.S.
4 47:6007(C)(4)(f)(i)(dd) and (8) and (K), relative to the motion picture production tax
5 credit; to provide relative to Louisiana promotional graphics requirements for
6 productions; to provide relative to uses of the Louisiana Entertainment Development
7 Dedicated Fund Account; to provide relative to expenditure data collection; to
8 provide relative to transfers of the tax credit; to provide for eligibility for the tax
9 credit; to provide with respect to the Department of Economic Development program
10 issuance cap; to remove certain limitations with respect to the issuance cap; to extend
11 the sunset date of the tax credit; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 47:6007(B)(11), (C)(1)(a)(iv) and (4)(f)(i)(bb) and (iii) and
14(h)(iii)(bb), (D)(2)(c)(i) and (d)(i), (I), and (J)(1) are hereby amended and reenacted and R.S.
1547:6007(C)(4)(f)(i)(dd) and (8) and (K) are hereby enacted to read as follows:
16 ยง6007. Motion picture production tax credit
17 B. Definitions. For the purposes of this Section:
18 * * *
Page 1 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 (11) "Louisiana promotional graphic" means a graphical brand or logo for
2 promotion of the state which has been approved by the office. for a production and
3 consists of the following:
4 (a) Either of the following:
5 (i) Up to a five-second long static or animated graphic that promotes
6 Louisiana in the end credits before the below-the-line crew crawl for the life of the
7 production.
8 (ii) Up to a five-second long static or animated embedded graphic that
9 promotes Louisiana during each broadcast worldwide, in the end credits before the
10 below-the-line crew crawl for the life of the production.
11 (b) An electronic press kit or a customized video for use by the office or an
12 alternative asset as determined by the office.
13 * * *
14 C. Production tax credit; specific productions and projects.
15 (1) There is hereby authorized a tax credit against state income tax for
16 Louisiana taxpayers for expenditures related to state-certified productions and
17 qualified entertainment companies. The tax credit shall be earned by a motion
18 picture production company at the time expenditures are certified by the office and
19 the secretary for a motion picture production company in a state-certified production.
20 However, credits cannot be applied against a tax or transferred until the expenditures
21 are certified by the office and the secretary. For state-certified productions,
22 expenditures shall be certified no more than once per production, after project
23 completion. However, if at the time of application for initial certification, the office
24 is notified that post-production activities will take place in Louisiana, a supplemental
25 request for certification of expenditures directly related to such post-production
26 activity may be submitted for consideration by the office. The cost of any
27 verification or audit of such expenditures shall be borne by the motion picture
28 production company. The tax credit shall be calculated as a percentage of the total
Page 2 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 base investment dollars certified per project, or as otherwise provided in this
2 Paragraph.
3 (a) Project-based production tax credit. For applications for state-certified
4 productions on or after July 1, 2017:
5 * * *
6 (iv)(aa) For applications submitted on or after July 1, 2017, and prior to July
7 1, 2023, as As a condition of receiving tax credits pursuant to this Section,
8 state-certified productions shall be required to acknowledge the financial assistance
9 of the state of Louisiana, either through the inclusion of a Louisiana promotional
10 graphic, or an alternative marketing option, including a donation to a Louisiana
11 nonprofit film grant program as approved by the office.
12 (bb) For applications submitted on or after July 1, 2023, as a condition of
13 receiving tax credits pursuant to this Section, state-certified productions shall be
14 required to acknowledge the financial assistance of the state of Louisiana through the
15 inclusion of a Louisiana promotional graphic.
16 * * *
17 (4) Transferability of the credit. Except as provided for in Subparagraph (g)
18 of this Paragraph, motion picture tax credits not previously claimed by any taxpayer
19 against its income tax may be transferred or sold to another Louisiana taxpayer or
20 to the Department of Revenue, subject to the following conditions:
21 * * *
22 (f)(i)
23 * * *
24 (bb) For projects that apply on and after July 1, 2017, and prior to July 1,
25 2023, the motion picture production company that earned the motion picture
26 production tax credits pursuant to such certification or the company's irrevocable
27 designee, as provided for in Item (iii) of this Subparagraph, may transfer the credits
28 to the Department of Revenue for ninety percent of the face value of the credits in
29 accordance with the procedures and requirements of Item (ii) of this Subparagraph.
30 * * *
Page 3 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 (dd)(I) For projects that apply on and after July 1, 2023, and prior to July 1,
2 2024, the motion picture production company that earned the motion picture
3 production tax credits pursuant to such certification may transfer the credits to the
4 Department of Revenue for eighty-two and one-half percent of the face value of the
5 credits in accordance with the procedures and requirements of Item (ii) of this
6 Subparagraph.
7 (II) For projects that apply on and after July 1, 2024, and prior to July 1,
8 2025, the motion picture production company that earned the motion picture
9 production tax credits pursuant to such certification may transfer the credits to the
10 Department of Revenue for seventy five percent of the face value of the credits in
11 accordance with the procedures and requirements of Item (ii) of this Subparagraph.
12 (III) For projects that apply on and after July 1, 2025, and prior to July 1,
13 2026, the motion picture production company that earned the motion picture
14 production tax credits pursuant to such certification may transfer the credits to the
15 Department of Revenue for sixty-seven and one-half percent of the face value of the
16 credits in accordance with the procedures and requirements of Item (ii) of this
17 Subparagraph.
18 (IV) For projects that apply on and after July 1, 2026, and prior to July 1,
19 2027, the motion picture production company that earned the motion picture
20 production tax credits pursuant to such certification may transfer the credits to the
21 Department of Revenue for sixty percent of the face value of the credits in
22 accordance with the procedures and requirements of Item (ii) of this Subparagraph.
23 (V) For projects that apply on and after July 1, 2027, and prior to July 1,
24 2028, the motion picture production company that earned the motion picture
25 production tax credits pursuant to such certification may transfer the credits to the
26 Department of Revenue for fifty-two and one half percent of the face value of the
27 credits in accordance with the procedures and requirements of Item (ii) of this
28 Subparagraph.
Page 4 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 (VI) For projects that apply on and after July 1, 2028, and prior to July 1,
2 2029, the motion picture production company that earned the motion picture
3 production tax credits pursuant to such certification may transfer the credits to the
4 Department of Revenue for forty-five percent of the face value of the credits in
5 accordance with the procedures and requirements of Item (ii) of this Subparagraph.
6 (VII) For projects that apply on and after July 1, 2029, and prior to July 1,
7 2030, the motion picture production company that earned the motion picture
8 production tax credits pursuant to such certification may transfer the credits to the
9 Department of Revenue for thirty-seven and one half percent of the face value of the
10 credits in accordance with the procedures and requirements of Item (ii) of this
11 Subparagraph.
12 (VIII) For projects that apply on and after July 1, 2030, and prior to July 1,
13 2031, the motion picture production company that earned the motion picture
14 production tax credits pursuant to such certification may transfer the credits to the
15 Department of Revenue for thirty percent of the face value of the credits in
16 accordance with the procedures and requirements of Item (ii) of this Subparagraph.
17 (IX) For projects that apply on and after July 1, 2031, and prior to July 1,
18 2032, the motion picture production company that earned the motion picture
19 production tax credits pursuant to such certification may transfer the credits to the
20 Department of Revenue for twenty-two and one half percent of the face value of the
21 credits in accordance with the procedures and requirements of Item (ii) of this
22 Subparagraph.
23 (X) For projects that apply on and after July 1, 2032, and prior to July 1,
24 2033, the motion picture production company that earned the motion picture
25 production tax credits pursuant to such certification may transfer the credits to the
26 Department of Revenue for fifteen percent of the face value of the credits in
27 accordance with the procedures and requirements of Item (ii) of this Subparagraph.
28 (XI) For projects that apply on and after July 1, 2033, and prior to July 1,
29 2034, the motion picture production company that earned the motion picture
Page 5 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 production tax credits pursuant to such certification may transfer the credits to the
2 Department of Revenue for seven and one half percent of the face value of the
3 credits in accordance with the procedures and requirements of Item (ii) of this
4 Subparagraph.
5 (XII) For projects that apply on and after July 1, 2034, the motion picture
6 production company that earned the motion picture production tax credits pursuant
7 to such certification may not transfer the credits to the Department of Revenue.
8 * * *
9 (iii) A bank or other lender may be named as an irrevocable designee in the
10 initial tax credit certification or other document submitted thereafter by a motion
11 picture production company to the office. As an irrevocable designee, a bank or
12 other lender may elect to have the tax credits issued directly to it from the office, and
13 in addition to the rights of a transferee may also elect to transfer the credits to the
14 Department of Revenue in accordance with the provisions of Items (i) and (ii) of this
15 Subparagraph. Beginning July 1, 2023, no bank or other lender may be named as an
16 irrevocable designee in the initial tax credit certification or other document submitted
17 thereafter by a motion picture production company to the office.
18 * * *
19 (h)
20 * * *
21 (iii) The money in the account shall be appropriated by the legislature as
22 follows:
23 * * *
24 (bb) Seventy-five percent to the Department of Economic Development,
25 office for motion picture and television education development initiatives, matching
26 grants for Louisiana filmmakers, a loan guarantee program, and a deal closing fund.
27 Louisiana workforce development programs, and other motion picture and television
28 related programs as determined by rule.
29 * * *
Page 6 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 (8)(a) No credit may be earned by a motion picture production company if
2 any of the following applies:
3 (i) The company has failed to file any federal, state, or local tax returns.
4 (ii) The company has failed to pay any final and collectible federal, state, or
5 local taxes due.
6 (iii) The company owns any property in Louisiana which is subject to a
7 properly filed and recorded federal, state, or local tax lien.
8 (b) The prohibition in Subparagraph (a) of this Paragraph shall not apply to
9 any tax liability which has been properly protested or appealed by the motion picture
10 production company pursuant to R.S. 47:1561 et seq.
11 (c) The prohibition in Subparagraph (a) of this Paragraph shall remain in
12 effect until all delinquent returns have been filed and delinquent taxes have been
13 paid, and until a Notice of Cancellation or equivalent form is properly filed and
14 recorded to cancel all federal, state, or local tax liens.
15 D. Certification and administration.
16 * * *
17 (2)
18 * * *
19 (c)(i) In order to protect the integrity of the motion picture investor tax credit
20 program by ensuring that tax credits are certified only for eligible expenditures and
21 to provide for uniformity in expenditure verification reporting, the department shall
22 directly engage and assign an independent certified public accountant, hereinafter
23 referred to as "CPA", to prepare, for the department, the required production
24 expenditure verification report on a tax credit applicant's cost report of expenditures
25 or claims. The applicant shall be responsible for and assessed any production
26 expenditure verification report fee that may be required by law, including any
27 up-front deposit of the fee. For purposes of the report, the applicant shall make all
28 records related to the tax credit application available to the CPA. For applications
29 received on or after July 1, 2023, these records shall include a listing of all Louisiana
Page 7 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 expenditures detailing the date of the expenditure, the vendor's address including the
2 zip code, and the amount of the expenditure.
3 * * *
4 (d)(i) Project-based production tax credit. After application review and
5 consideration of all discretionary factors, the office and the secretary shall submit
6 their initial certification or written denial of a project as a state-certified production
7 to investors and to the secretary of the Department of Revenue indicating the total
8 base investment which shall be expended in the state on the state-certified production
9 within sixty days of their receipt of all required information. The initial certification
10 shall include a unique identifying number for each state-certified production and
11 shall provide for a preliminary allocation of tax credits by year.
12 * * *
13 I. No credits shall be allowed pursuant to this Section for applications
14 received on or after July 1, 2025 2035.
15 J. Credit caps, structured pay outs, and project size limitations.
16 (1) Department of Economic Development program issuance cap.
17 (a) The department shall by rule establish the method of provisionally
18 allocating available tax credits in initial certification letters, and the method for
19 granting tax credits in final tax credit certification letters, including but not limited
20 to a first-come, first-served system, reservation of tax credits for a specific time
21 period, or other method which the department, in its discretion, may find beneficial
22 to the program.
23 (b) For applications for state-certified productions and qualified
24 entertainment companies submitted on or after July 1, 2017, but prior to July 1, 2023,
25 the total amount of all tax credits granted in a final certification letter by the
26 department in any fiscal year shall not exceed one hundred fifty million dollars.
27 Twenty percent of the annual program cap shall be reserved as follows: five percent
28 for qualified entertainment companies, five percent for Louisiana screenplay
29 productions, and ten percent for independent film productions. If the total amount
Page 8 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
1 of credits applied for in any particular year exceeds the aggregate amount of tax
2 credits allowed for that year, the excess shall be treated as having been applied for
3 on the first day of the subsequent year.
4 (c) (i) If the total amount of credits granted to QECs in any fiscal year is less
5 than the QEC cap, any residual amount of unused credits shall carry forward for use
6 in subsequent years and may be granted in addition to the QEC cap for each year.
7 (ii) If the total amount of credits granted in any fiscal year to screenplay
8 productions or independent film productions is less than their respective caps, any
9 residual amount may be available for issuance by the department during that fiscal
10 year as established by rule.
11 (d) (iii) The department shall make reasonable efforts to post a listing of
12 estimated amounts available under the cap on its website.
13 (c) For applications for state-certified productions and qualified
14 entertainment companies submitted on or after July 1, 2023, the total amount of all
15 tax credits granted in a final certification letter by the department in any fiscal year
16 shall not exceed one hundred fifty million dollars. If the total amount of credits
17 applied for in any particular year exceeds the aggregate amount of tax credits
18 allowed for that year, the excess shall be treated as having been applied for on the
19 first day of the subsequent year.
20 * * *
21 K. The office shall develop a new Louisiana promotional graphic which
22 includes a symbol that is easily recognized as representing the state of Louisiana.
23 The promotional graphic shall be submitted to the Joint Legislative Committee on
24 the Budget for approval no later than November 1, 2023.
Page 9 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 562 Reengrossed 2023 Regular Session Schexnayder
Abstract: Extends the sunset of the motion picture production tax credit from July 1, 2025,
to July 1, 2035, and makes changes to the administration of the credit.
Present law authorizes the following tax credits for state-certified productions:
(1)A 25% tax credit if the base investment is in excess of $300,000 or if the production
is a La. screenplay production.
(2)An additional 5% base investment credit for projects filmed outside the New Orleans
Metro Zone, but not including St. John the Baptist Parish.
(3)An additional 10% base investment credit for certain expenditures equal to or greater
than $50,000 but less than $5 million for projects meeting certain La. screenplay
criteria.
(4)A 15% credit for La. resident payroll expenditures.
(5)A 5% credit for certain La.-based visual effects expenditures meeting certain
requirements.
Proposed law retains present law.
Present law defines a "La. promotional graphic" as a graphical brand or logo for promotion
of the state that has been approved by the office of entertainment industry development in
the Dept. of Economic Development (DED), hereinafter "office", and requires productions
to acknowledge the financial assistance of the state, either through the inclusion of a La.
promotional graphic or an alternative marketing option approved by the office.
Proposed law removes the alternative marketing option for productions submitting an
application on or after July 1, 2023.
Proposed law expands the definition of "La. promotional graphic" to include an electronic
press kit or a customized video for use by the office or an alternative asset as determined by
the office and either of the following:
(1)Up to a five-second long static or animated graphic that promotes La. in the end
credits before the below-the-line crew crawl for the life of the production.
(2)Up to a five-second long static or animated embedded graphic that promotes La.
during each broadcast worldwide, in the end credits before the below-the-line crew
crawl for the life of the production.
Present law provides for a cap of $150M in any fiscal year on tax credits that may be granted
in a final certification letter by DED for state-certified productions and qualified
entertainment companies (QEC) submitted on or after July 1, 2017. If the total amount of
credits applied for in a year exceeds the aggregate amount of tax credits allowed for that
year, the excess shall be treated as having been applied for on the first day of the subsequent
year.
Page 10 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
Present law reserves 20% of the annual program cap as follows: 5% for qualified
entertainment companies, 5% for La. screenplay productions, and 10% for independent film
productions.
Proposed law retains present law with respect to the $150M DED program issuance cap but
repeals the reservation of tax credits in present law for state-certified productions and QEC
applications submitted on or after July 1, 2023.
Present law provides for establishment of the La. Entertainment Development Dedicated
Fund Account for deposit of fees collected by the Dept. of Revenue (DOR) pursuant to
notifications of transfer of tax credits. Present law requires 25% of the monies in the
account to be appropriated to DOR for administrative purposes and 75% of the monies to
be appropriated to the office for education development initiatives, matching grants for La.
filmmakers, a loan guarantee program, and a deal closing fund.
Proposed law retains present law but changes the use of the monies in the account
appropriated to the office by eliminating the loan guarantee program and a deal closing fund
and including La. workforce development programs, and other motion picture and television
related programs as determined by rule.
Present law allows a motion picture production company or the company's irrevocable
designee to transfer the company's credits to DOR for 90% of the face value of the credits.
Proposed law prohibits a bank or lender from being named an irrevocable designee
beginning July 1, 2023, and removes the company's ability to transfer a credit to an
irrevocable designee as of the same date.
Proposed law reduces the percentage of the face value of the credit that a production
company can transfer to the Dept. of Revenue for payment by 7.5% each year through July
1, 2034, at which point the company may not transfer any credits to DOR.
Proposed law prohibits a motion picture production company from earning a credit if the
company has failed to file federal, state, or local taxes, has failed to pay any taxes due, or
owns any property in La. that is subject to a lien.
Present law requires DED to engage an independent certified public accountant to prepare
a production expenditure verification report on a tax credit applicant's cost report of
expenditures or claims. Present law further requires the applicant to make all records
available to the CPA.
Proposed law requires the records to include a listing of all La. expenditures detailing the
date of the expenditure, the vendor's address including the zip code, and the amount of the
expenditure for applications received on or after July 1, 2023.
Present law requires DED to submit an initial certification or written denial of a project as
a state-certified production to investors and the secretary of DOR within 60 days of receipt
of required information. Further requires the initial certification to include a primary
allocation of tax credits by year.
Proposed law retains present law with respect to submission of an initial certification or
written denial but repeals present law provisions with respect to inclusion of a primary
allocation of tax credits by year in an initial certification.
Present law prohibits motion picture production tax credits from being allowed for
applications received on or after July 1, 2025.
Proposed law extends the sunset of this tax credit from July 1, 2025, to July 1, 2035.
Page 11 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-391 REENGROSSED
HB NO. 562
Proposed law requires DED to develop a new La. promotional graphic and submit it to the
Joint Legislative Committee on the Budget for approval no later than Nov. 1, 2023.
(Amends R.S. 47:6007(B)(11), (C)(1)(a)(iv) and (4)(f)(i)(bb) and (iii) and (h)(iii)(bb),
(D)(2)(c)(i) and (d)(i), (I), and (J)(1); Adds R.S. 47:6007(C)(4)(f)(i)(dd) and (8) and (K))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the
original bill:
1. Expand the definition of a "Louisiana promotional graphic".
2. Remove provision that would have eliminated the alternative marketing option
for productions submitting an application on or after July 1, 2023.
3. Remove provision that would have eliminated the $150M Dept. of Economic
Development program issuance cap.
4. Add provision that specifies that the 20% allotment of the $150M Dept. of
Economic Development program issuance cap in present law reserved for
qualified entertainment companies (QEC), La. screenplay productions, and
independent film productions shall not apply to state-certified productions and
QEC applications submitted on or after July 1, 2023.
5. Delete the repeal of the sunset provision of this tax credit in favor of extending
the sunset from July 1, 2025, to July 1, 2035.
The House Floor Amendments to the engrossed bill:
1. Restore the provision eliminating the alternative marketing option for
productions submitting an application on or after July 1, 2023.
2. Reduce the percentage of the face value of the credit that a production company
can transfer to the Dept. of Revenue for payment by 7.5% each year over the
next 12 years.
3. Prohibit a bank or other lender from being named as an irrevocable designee for
the tax credit beginning July 1, 2023.
4. Prohibit a motion picture production company from receiving a credit if the
company is delinquent on any federal, state, or local taxes or has a lien against
any property in La.
5. Require the Dept. of Economic Development to develop a new promotional
graphic and submit it to the Joint Legislative Committee on the Budget for
approval no later than Nov. 1, 2023.
Page 12 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.