Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB231 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 ASSEMBLY BILL 231
55 May 2, 2025 - Introduced by Representatives ARMSTRONG, CALLAHAN, HURD,
66 BROWN, DOYLE, EMERSON, GOODWIN, GREEN, JOHNSON, KITCHENS, KREIBICH,
77 MAXEY, MELOTIK, MIRESSE, MOSES, MURSAU, O'CONNOR, PRADO, SNYDER,
88 STEFFEN, SWEARINGEN, TITTL, WICHGERS and ZIMMERMAN, cosponsored by
99 Senators BRADLEY, TESTIN, DRAKE, FEYEN, LARSON, PFAFF, QUINN and
1010 SPREITZER. Referred to Committee on Ways and Means.
1111 AN ACT to amend 71.05 (6) (a) 15., 71.10 (4) (i), 71.21 (4) (a), 71.26 (2) (a) 4.,
1212 71.30 (3) (f), 71.34 (1k) (g), 71.45 (2) (a) 10. and 71.49 (1) (f); to create 13.94 (1)
1313 (zm), 15.448, 20.835 (2) (bm), 41.152, 71.07 (5f), 71.07 (5h), 71.10 (4) (fs), 71.10
1414 (4) (ft), 71.28 (5f), 71.28 (5h), 71.30 (3) (epr), 71.30 (3) (eps), 71.47 (5f), 71.47
1515 (5h), 71.49 (1) (epr) and 71.49 (1) (eps) of the statutes; relating to: creating a
1616 tax credit for expenses related to film production services and for capital
1717 investments made by a film production company, granting rule-making
1818 authority, and making an appropriation.
1919 Analysis by the Legislative Reference Bureau
2020 This bill creates income and franchise tax credits for film production
2121 companies and creates the State Film Office, attached to the Department of
2222 Tourism, to implement the tax credit accreditations and allocations. Under the bill,
2323 a film production company may claim a credit in an amount that is equal to 30
2424 percent of the salary or wages paid to the company[s employees in the taxable year
2525 for services rendered in this state to produce a film, video, broadcast advertisement,
2626 or television production, as approved by the State Film Office, and paid to
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3939 employees who were residents of this state at the time that they were paid. The
4040 total amount of the credits that may be claimed by a taxpayer may not exceed an
4141 amount that is equal to the first $250,000 of salary or wages paid to each of the
4242 taxpayer[s employees in the taxable year, not including the salary or wages paid to
4343 the taxpayer[s two highest-paid employees in the taxable year, for a production with
4444 budgeted expenditures of $1,000,000 or more. If the total amount of the credits
4545 claimed by a taxpayer exceeds the taxpayer[s tax liability, the state will not issue a
4646 refund, but the taxpayer may carry forward any remaining credit to subsequent
4747 taxable years.
4848 Under the bill, a film production company may claim an income and franchise
4949 tax credit in an amount that is equal to 30 percent of the production expenditures
5050 paid by the company in the taxable year to produce a film, video, broadcast
5151 advertisement, or television production. If the total amount of the credits claimed
5252 by the company exceeds the company[s tax liability, the state will issue a refund.
5353 The bill also allows a film production company to claim an income and
5454 franchise tax credit, for the first three taxable years that the company is doing
5555 business in this state, in an amount that is equal to 30 percent of the amount that
5656 the claimant paid in the taxable year to purchase depreciable tangible personal
5757 property or to acquire, construct, rehabilitate, remodel, or repair real property.
5858 Under the bill, a film production company may claim an income and franchise
5959 tax credit in an amount that is equal to the amount of sales and use taxes that the
6060 claimant paid for tangible personal property and taxable services that are used to
6161 produce a film, video, broadcast advertisement, or television production in this
6262 state.
6363 The bill provides that the State Film Office may not allocate more than
6464 $10,000,000 in film production and investment tax credits in each fiscal year. The
6565 bill also requires the State Film Office to annually submit a report to the legislature
6666 that specifies the number of persons who submitted credit applications in the
6767 previous year and the amount of the credits allocated to each such applicant and to
6868 make recommendations on improving the efficiency of the program. Finally, the bill
6969 requires the Legislative Audit Bureau to biennially prepare a performance
7070 evaluation audit of the accreditation program implemented by the State Film
7171 Office.
7272 For further information see the state fiscal estimate, which will be printed as
7373 an appendix to this bill.
7474 The people of the state of Wisconsin, represented in senate and assembly, do
7575 enact as follows:
7676 SECTION 1. 13.94 (1) (zm) of the statutes is created to read:
7777 13.94 (1) (zm) Biennially, beginning in 2027, prepare a performance
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8484 evaluation audit of the program to accredit productions for purposes of ss. 71.07 (5f)
8585 and (5h), 71.28 (5f) and (5h), and 71.47 (5f) and (5h) by the state film office.
8686 SECTION 2. 15.448 of the statutes is created to read:
8787 15.448 Same; offices. (1) STATE FILM OFFICE. There is created a state film
8888 office in the department of tourism. The director of the office shall be appointed by
8989 the secretary of tourism.
9090 SECTION 3. 20.835 (2) (bm) of the statutes is created to read:
9191 20.835 (2) (bm) Film production services credit. A sum sufficient to make the
9292 payments under ss. 71.07 (5f) (d) 2., 71.28 (5f) (d) 2., and 71.47 (5f) (d) 2.
9393 SECTION 4. 41.152 of the statutes is created to read:
9494 41.152 Film production tax credits. (1) The state film office shall
9595 implement a program to accredit productions for purposes of ss. 71.07 (5f) and (5h),
9696 71.28 (5f) and (5h), and 71.47 (5f) and (5h). Application for accreditation shall be
9797 made to the office in each taxable year for which accreditation is desired.
9898 (2) If the state film office accredits a production under sub. (1), the office shall
9999 determine the amount of the production[s production expenditures, as defined in s.
100100 71.07 (5f) (a) 4. The state film office shall not issue an accreditation under sub. (1)
101101 without first receiving written confirmation from the applicant that the applicant
102102 has retained a certified public accountant located in this state to conduct periodic
103103 audits to ensure compliance with this section and ss. 71.07 (5f) and (5h), 71.28 (5f)
104104 and (5h), and 71.47 (5f) and (5h), as prescribed by rule by the office. An entity
105105 applying for a tax credit under s. 71.07 (5f), 71.28 (5f), or 71.47 (5f) that does not
106106 have its commercial domicile in this state shall indicate that on its application
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134134 along with the amount of production expenditures it anticipates spending in this
135135 state and the amount of expenditures, if any, it anticipates spending in another
136136 state on the same production.
137137 (3) The state film office shall notify the department of revenue of every
138138 production accredited under sub. (1), the amount of the production[s production
139139 expenditures, as defined in s. 71.07 (5f) (a) 4., and the amount of the tax credits
140140 under ss. 71.07 (5f) and (5h), 71.28 (5f) and (5h), and 71.47 (5f) and (5h) allocated to
141141 the applicant for the taxable year for which the applicant[s claim relates.
142142 (4) The state film office may not allocate more than $10,000,000 in tax credits
143143 under ss. 71.07 (5f) and (5h), 71.28 (5f) and (5h), and 71.47 (5f) and (5h) in each
144144 fiscal year and no more than $1,000,000 in tax credits to any single applicant in
145145 each fiscal year.
146146 (5) Each applicant who produces an accredited production, as defined in s.
147147 71.07 (5f) (a) 1., that is eligible for a tax credit under s. 71.07 (5f), 71.28 (5f), or
148148 71.47 (5f) shall include in the finished production an acknowledgment to the state
149149 of Wisconsin and the state film office as designed by the state film office, including
150150 a logo designed by the state film office.
151151 (6) Annually, beginning in 2027, the state film office shall prepare a report
152152 specifying the number of persons who submitted tax credit applications in the
153153 previous year and the amount of the tax credits allocated to each such applicant.
154154 The report shall also provide recommendations and suggestions on improving the
155155 efficiency of the program implemented under this section. The office shall submit
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182182 the report to the legislature, in the manner provided under s. 13.172 (2), no later
183183 than April 30 each year.
184184 (7) The department shall promulgate rules to administer this section.
185185 SECTION 5. 71.05 (6) (a) 15. of the statutes is amended to read:
186186 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dm),
187187 (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5f), (5h),
188188 (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and not passed through by a partnership,
189189 limited liability company, or tax-option corporation that has added that amount to
190190 the partnership[s, company[s, or tax-option corporation[s income under s. 71.21 (4)
191191 or 71.34 (1k) (g).
192192 SECTION 6. 71.07 (5f) of the statutes is created to read:
193193 71.07 (5f) FILM PRODUCTION SERVICES CREDIT. (a) Definitions. In this
194194 subsection:
195195 1. XAccredited productionY means a film, video, broadcast advertisement, or
196196 television production, as approved by the state film office, for which the aggregate
197197 salary and wages included in the cost of the production for the period ending 12
198198 months after the month in which the principal filming or taping of the production
199199 begins exceeds $100,000 for a production that is 30 minutes or longer or $50,000 for
200200 a production that is less than 30 minutes. XAccredited productionY includes a
201201 scripted, unscripted, reality, or competition production, but does not include any of
202202 the following, regardless of the production costs:
203203 a. News, current events, or public programming or a program that includes
204204 weather or market reports.
205205 b. A talk show.
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234234 c. A sports event or sports activity.
235235 d. A gala presentation or awards show.
236236 e. A finished production that solicits funds.
237237 f. A production for which the production company is required under 18 USC
238238 2257 to maintain records with respect to a performer portrayed in a single media or
239239 multimedia program.
240240 g. A production produced primarily for industrial, corporate, or institutional
241241 purposes.
242242 2. XClaimantY means a film production company, as defined in sub. (5h) (a) 2.,
243243 that operates an accredited production in this state, if the company owns the
244244 copyright in the accredited production or has contracted directly with the copyright
245245 owner or a person acting on the owner[s behalf and if the company has a viable plan,
246246 as determined by the state film office, for the commercial distribution of the
247247 finished production.
248248 3. XCommercial domicileY means the location from which a trade or business
249249 is principally managed and directed, based on any factors the state film office
250250 determines are appropriate, including the location where the greatest number of
251251 employees of the trade or business work, the trade or business has its office or base
252252 of operations, or from which the employees are directed or controlled.
253253 4. XProduction expendituresY means any expenditures that are incurred in
254254 this state and directly used to produce an accredited production, including
255255 expenditures for writing, budgeting, casting, location scouts, set construction and
256256 operation, wardrobes, makeup, clothing accessories, photography, sound recording,
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284284 sound synchronization, sound mixing, lighting, editing, film processing, film
285285 transferring, special effects, visual effects, renting or leasing facilities or
286286 equipment, renting or leasing motor vehicles, food, lodging, and any other similar
287287 pre-production, production, and post-production expenditure as determined by the
288288 state film office. XProduction expendituresY includes expenditures for music that is
289289 performed, composed, or recorded by a musician who is a resident of this state or
290290 published or distributed by an entity that has its commercial domicile in this state;
291291 air travel that is purchased from a travel agency or company that has its commercial
292292 domicile in this state; and insurance that is purchased from an insurance agency or
293293 company that has its commercial domicile in this state. XProduction expendituresY
294294 does not include salary or wages or expenditures for the marketing and distribution
295295 of an accredited production.
296296 (b) Filing claims. Subject to the limitations provided in this subsection, for
297297 taxable years beginning after December 31, 2025, a claimant may claim as a credit
298298 against the tax imposed under s. 71.02 any of the following amounts:
299299 1. An amount equal to 30 percent of the salary or wages paid by the claimant
300300 to the claimant[s employees in the taxable year for services rendered in this state to
301301 produce an accredited production and paid to employees who were residents of this
302302 state at the time that they were paid.
303303 2. An amount equal to 30 percent of the production expenditures paid by the
304304 claimant in the taxable year to produce an accredited production.
305305 3. An amount equal to the taxes imposed under ss. 77.52 and 77.53 that the
306306 claimant paid in the taxable year on the purchase of tangible personal property and
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334334 taxable services that are used directly in producing an accredited production in this
335335 state, including all stages from the final script stage to the distribution of the
336336 finished production.
337337 (c) Limitations. 1. No amount of the salary or wages paid under par. (b) 1.
338338 may be the basis for a credit under this subsection unless the salary or wages are
339339 paid for services rendered after December 31, 2025, and directly incurred to
340340 produce the accredited production.
341341 2. The total amount of the credits that may be claimed by a claimant under
342342 par. (b) 1. shall not exceed an amount equal to the first $250,000 of salary or wages
343343 paid to each of the claimant[s employees, as described in par. (b) 1., in the taxable
344344 year, not including the salary or wages paid to the claimant[s 2 highest-paid
345345 employees, as described in par. (b) 1., in the taxable year, if the claimant[s budgeted
346346 production expenditures are $1,000,000 or more.
347347 3. No credit may be allowed under this subsection unless the claimant files an
348348 application with the state film office, at the time and in the manner prescribed by
349349 the office, and the office approves the application. The claimant shall submit a copy
350350 of the approved application with the claimant[s return.
351351 4. Partnerships, limited liability companies, and tax-option corporations may
352352 not claim the credit under this subsection, but the eligibility for, and the amount of,
353353 the credit are based on their payment of amounts under par. (b). A partnership,
354354 limited liability company, or tax-option corporation shall compute the amount of
355355 credit that each of its partners, members, or shareholders may claim and shall
356356 provide that information to each of them. Partners, members of limited liability
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384384 companies, and shareholders of tax-option corporations may claim the credit in
385385 proportion to their ownership interest.
386386 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
387387 credit under s. 71.28 (4), applies to the credits under this subsection. Section 71.28
388388 (4) (f), as it applies to the credit under s. 71.28 (4), applies to the credits under par.
389389 (b) 1. and 3.
390390 2. If the allowable amount of the claim under par. (b) 2. exceeds the tax
391391 otherwise due under s. 71.02 or no tax is due under s. 71.02, the amount of the
392392 claim not used to offset the tax due shall be certified by the department of revenue
393393 to the department of administration for payment by check, share draft, or other
394394 draft drawn from the appropriation account under s. 20.835 (2) (bm).
395395 3. Any person, including a nonprofit entity described in section 501 (c) (3) of
396396 the Internal Revenue Code, may sell or otherwise transfer a credit under this
397397 subsection, in whole or in part, to another person who is subject to the taxes
398398 imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
399399 transfer, and submits with the notification a copy of the transfer documents, and
400400 the department certifies ownership of the credit. The transferee may first use the
401401 credit to offset tax of the transferor in the taxable year in which the transfer occurs
402402 and may use the credit only to offset tax in taxable years in which the credit is
403403 otherwise allowed to be claimed and carried forward by the original claimant.
404404 SECTION 7. 71.07 (5h) of the statutes is created to read:
405405 71.07 (5h) FILM PRODUCTION COMPANY INVESTMENT CREDIT. (a) Definitions.
406406 In this subsection:
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434434 1. XClaimantY means a person who files a claim under this subsection and
435435 who does business in this state as a film production company.
436436 2. XFilm production companyY means an entity that creates films, videos,
437437 broadcast advertisement, or television productions, not including the productions
438438 described under sub. (5f) (a) 1. a. to g.
439439 3. XPhysical workY does not include preliminary activities such as planning,
440440 designing, securing financing, researching, developing specifications, or stabilizing
441441 property to prevent deterioration.
442442 4. XPreviously owned propertyY means real property that the claimant or a
443443 related person owned during the 2 years prior to doing business in this state as a
444444 film production company and for which the claimant may not deduct a loss from the
445445 sale of the property to, or an exchange of the property with, the related person
446446 under section 267 of the Internal Revenue Code.
447447 5. XUsed exclusivelyY means used to the exclusion of all other uses except for
448448 other use not exceeding 5 percent of total use.
449449 (b) Filing claims. Subject to the limitations provided in this subsection, for
450450 taxable years beginning after December 31, 2025, a claimant may claim as a credit
451451 against the tax imposed under s. 71.02, up to the amount of the taxes, for the first 3
452452 taxable years that the claimant is doing business in this state as a film production
453453 company, an amount that is equal to 30 percent of the following that the claimant
454454 paid in the taxable year to establish a film production company in this state:
455455 1. The purchase price of depreciable, tangible personal property.
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482482 2. The amount expended to acquire, construct, rehabilitate, remodel, or repair
483483 real property.
484484 (c) Limitations. 1. A claimant may claim the credit under par. (b) 1., if the
485485 tangible personal property is purchased after December 31, 2025, and the personal
486486 property is used exclusively in the claimant[s business as a film production
487487 company.
488488 2. A claimant may claim the credit under par. (b) 2. for an amount expended to
489489 construct, rehabilitate, remodel, or repair real property, if the claimant began the
490490 physical work of construction, rehabilitation, remodeling, or repair, or any
491491 demolition or destruction in preparation for the physical work, after December 31,
492492 2025, or if the completed project is placed in service after December 31, 2025.
493493 3. A claimant may claim the credit under par. (b) 2. for an amount expended to
494494 acquire real property, if the property is not previously owned property and if the
495495 claimant acquires the property after December 31, 2025, or if the completed project
496496 is placed in service after December 31, 2025.
497497 4. No claim may be allowed under this subsection unless the state film office
498498 certifies, in writing, that the credits claimed under this subsection are for expenses
499499 related to establishing a film production company in this state and the claimant
500500 submits a copy of the certification with the claimant[s return.
501501 5. Partnerships, limited liability companies, and tax-option corporations may
502502 not claim the credit under this subsection, but the eligibility for, and the amount of,
503503 the credit are based on their payment of amounts under par. (b). A partnership,
504504 limited liability company, or tax-option corporation shall compute the amount of
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532532 credit that each of its partners, members, or shareholders may claim and shall
533533 provide that information to each of them. Partners, members of limited liability
534534 companies, and shareholders of tax-option corporations may claim the credit in
535535 proportion to their ownership interests.
536536 (d) Administration. 1. Section 71.28 (4) (e) to (h), as it applies to the credit
537537 under s. 71.28 (4), applies to the credits under this subsection.
538538 2. Any person, including a nonprofit entity described in section 501 (c) (3) of
539539 the Internal Revenue Code, may sell or otherwise transfer a credit under this
540540 subsection, in whole or in part, to another person who is subject to the taxes
541541 imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
542542 transfer, and submits with the notification a copy of the transfer documents, and
543543 the department certifies ownership of the credit. The transferee may first use the
544544 credit to offset tax of the transferor in the taxable year in which the transfer occurs
545545 and may use the credit only to offset tax in taxable years in which the credit is
546546 otherwise allowed to be claimed and carried forward by the original claimant.
547547 SECTION 8. 71.10 (4) (fs) of the statutes is created to read:
548548 71.10 (4) (fs) Film production company investment credit under s. 71.07 (5h).
549549 SECTION 9. 71.10 (4) (ft) of the statutes is created to read:
550550 71.10 (4) (ft) Film production services credit under s. 71.07 (5f) (b) 1. and 3.
551551 SECTION 10. 71.10 (4) (i) of the statutes is amended to read:
552552 71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland
553553 preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
554554 beyond under s. 71.613, homestead credit under subch. VIII, jobs tax credit under s.
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582582 71.07 (3q), business development credit under s. 71.07 (3y), research credit under s.
583583 71.07 (4k) (e) 2. a., film production services credit under s. 71.07 (5f) (b) 2., veterans
584584 and surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs
585585 credit under s. 71.07 (3w), electronics and information technology manufacturing
586586 zone credit under s. 71.07 (3wm), earned income tax credit under s. 71.07 (9e),
587587 estimated tax payments under s. 71.09, and taxes withheld under subch. X.
588588 SECTION 11. 71.21 (4) (a) of the statutes is amended to read:
589589 71.21 (4) (a) The amount of the credits computed by a partnership under s.
590590 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n),
591591 (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and passed through to
592592 partners shall be added to the partnership[s income.
593593 SECTION 12. 71.26 (2) (a) 4. of the statutes is amended to read:
594594 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm),
595595 (1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (5f), (5g), (5h), (5i), (5j), (5k),
596596 (5r), (5rm), (6n), and (10) and not passed through by a partnership, limited liability
597597 company, or tax-option corporation that has added that amount to the
598598 partnership[s, limited liability company[s, or tax-option corporation[s income under
599599 s. 71.21 (4) or 71.34 (1k) (g).
600600 SECTION 13. 71.28 (5f) of the statutes is created to read:
601601 71.28 (5f) FILM PRODUCTION SERVICES CREDIT. (a) Definitions. In this
602602 subsection:
603603 1. XAccredited productionY means a film, video, broadcast advertisement, or
604604 television production, as approved by the state film office, for which the aggregate
605605 salary and wages included in the cost of the production for the period ending 12
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634634 months after the month in which the principal filming or taping of the production
635635 begins exceeds $100,000 for a production that is 30 minutes or longer or $50,000 for
636636 a production that is less than 30 minutes. XAccredited productionY includes a
637637 scripted, unscripted, reality, or competition production, but does not include any of
638638 the following, regardless of the production costs:
639639 a. News, current events, or public programming or a program that includes
640640 weather or market reports.
641641 b. A talk show.
642642 c. A sports event or sports activity.
643643 d. A gala presentation or awards show.
644644 e. A finished production that solicits funds.
645645 f. A production for which the production company is required under 18 USC
646646 2257 to maintain records with respect to a performer portrayed in a single media or
647647 multimedia program.
648648 g. A production produced primarily for industrial, corporate, or institutional
649649 purposes.
650650 2. XClaimantY means a film production company, as defined in sub. (5h) (a) 2.,
651651 that operates an accredited production in this state, if the company owns the
652652 copyright in the accredited production or has contracted directly with the copyright
653653 owner or a person acting on the owner[s behalf and if the company has a viable plan,
654654 as determined by the state film office, for the commercial distribution of the
655655 finished production.
656656 3. XCommercial domicileY means the location from which a trade or business
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684684 is principally managed and directed, based on any factors the state film office
685685 determines are appropriate, including the location where the greatest number of
686686 employees of the trade or business work, the trade or business has its office or base
687687 of operations, or from which the employees are directed or controlled.
688688 4. XProduction expendituresY means any expenditures that are incurred in
689689 this state and directly used to produce an accredited production, including
690690 expenditures for writing, budgeting, casting, location scouts, set construction and
691691 operation, wardrobes, makeup, clothing accessories, photography, sound recording,
692692 sound synchronization, sound mixing, lighting, editing, film processing, film
693693 transferring, special effects, visual effects, renting or leasing facilities or
694694 equipment, renting or leasing motor vehicles, food, lodging, and any other similar
695695 pre-production, production, and post-production expenditure as determined by the
696696 state film office. XProduction expendituresY includes expenditures for music that is
697697 performed, composed, or recorded by a musician who is a resident of this state or
698698 published or distributed by an entity that has its commercial domicile in this state;
699699 air travel that is purchased from a travel agency or company that has its commercial
700700 domicile in this state; and insurance that is purchased from an insurance agency or
701701 company that has its commercial domicile in this state. XProduction expendituresY
702702 does not include salary or wages or expenditures for the marketing and distribution
703703 of an accredited production.
704704 (b) Filing claims. Subject to the limitations provided in this subsection, for
705705 taxable years beginning after December 31, 2025, a claimant may claim as a credit
706706 against the tax imposed under s. 71.23 any of the following amounts:
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734734 1. An amount equal to 30 percent of the salary or wages paid by the claimant
735735 to the claimant[s employees in the taxable year for services rendered in this state to
736736 produce an accredited production and paid to employees who were residents of this
737737 state at the time that they were paid.
738738 2. An amount equal to 30 percent of the production expenditures paid by the
739739 claimant in the taxable year to produce an accredited production.
740740 3. An amount equal to the taxes imposed under ss. 77.52 and 77.53 that the
741741 claimant paid in the taxable year on the purchase of tangible personal property and
742742 taxable services that are used directly in producing an accredited production in this
743743 state, including all stages from the final script stage to the distribution of the
744744 finished production.
745745 (c) Limitations. 1. No amount of the salary or wages paid under par. (b) 1.
746746 may be the basis for a credit under this subsection unless the salary or wages are
747747 paid for services rendered after December 31, 2025, and directly incurred to
748748 produce the accredited production.
749749 2. The total amount of the credits that may be claimed by a claimant under
750750 par. (b) 1. shall not exceed an amount equal to the first $250,000 of salary or wages
751751 paid to each of the claimant[s employees, as described in par. (b) 1., in the taxable
752752 year, not including the salary or wages paid to the claimant[s 2 highest-paid
753753 employees, as described in par. (b) 1., in the taxable year, if the claimant[s budgeted
754754 production expenditures are $1,000,000 or more.
755755 3. No credit may be allowed under this subsection unless the claimant files an
756756 application with the state film office, at the time and in the manner prescribed by
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784784 the office, and the office approves the application. The claimant shall submit a copy
785785 of the approved application with the claimant[s return.
786786 4. Partnerships, limited liability companies, and tax-option corporations may
787787 not claim the credit under this subsection, but the eligibility for, and the amount of,
788788 the credit are based on their payment of amounts under par. (b). A partnership,
789789 limited liability company, or tax-option corporation shall compute the amount of
790790 credit that each of its partners, members, or shareholders may claim and shall
791791 provide that information to each of them. Partners, members of limited liability
792792 companies, and shareholders of tax-option corporations may claim the credit in
793793 proportion to their ownership interest.
794794 (d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
795795 under sub. (4), applies to the credits under this subsection. Subsection (4) (f), as it
796796 applies to the credit under sub. (4), applies to the credits under par. (b) 1. and 3.
797797 2. If the allowable amount of the claim under par. (b) 2. exceeds the tax
798798 otherwise due under s. 71.23 or no tax is due under s. 71.23, the amount of the
799799 claim not used to offset the tax due shall be certified by the department of revenue
800800 to the department of administration for payment by check, share draft, or other
801801 draft drawn from the appropriation account under s. 20.835 (2) (bm).
802802 3. Any person, including a nonprofit entity described in section 501 (c) (3) of
803803 the Internal Revenue Code, may sell or otherwise transfer a credit under this
804804 subsection, in whole or in part, to another person who is subject to the taxes
805805 imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
806806 transfer, and submits with the notification a copy of the transfer documents, and
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834834 the department certifies ownership of the credit. The transferee may first use the
835835 credit to offset tax of the transferor in the taxable year in which the transfer occurs
836836 and may use the credit only to offset tax in taxable years in which the credit is
837837 otherwise allowed to be claimed and carried forward by the original claimant.
838838 SECTION 14. 71.28 (5h) of the statutes is created to read:
839839 71.28 (5h) FILM PRODUCTION COMPANY INVESTMENT CREDIT. (a) Definitions.
840840 In this subsection:
841841 1. XClaimantY means a person who files a claim under this subsection and
842842 who does business in this state as a film production company.
843843 2. XFilm production companyY means an entity that creates films, videos,
844844 broadcast advertisement, or television productions, not including the productions
845845 described under sub. (5f) (a) 1. a. to g.
846846 3. XPhysical workY does not include preliminary activities such as planning,
847847 designing, securing financing, researching, developing specifications, or stabilizing
848848 property to prevent deterioration.
849849 4. XPreviously owned propertyY means real property that the claimant or a
850850 related person owned during the 2 years prior to doing business in this state as a
851851 film production company and for which the claimant may not deduct a loss from the
852852 sale of the property to, or an exchange of the property with, the related person
853853 under section 267 of the Internal Revenue Code.
854854 5. XUsed exclusivelyY means used to the exclusion of all other uses except for
855855 other use not exceeding 5 percent of total use.
856856 (b) Filing claims. Subject to the limitations provided in this subsection, for
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884884 taxable years beginning after December 31, 2025, a claimant may claim as a credit
885885 against the tax imposed under s. 71.23, up to the amount of the taxes, for the first 3
886886 taxable years that the claimant is doing business in this state as a film production
887887 company, an amount that is equal to 30 percent of the following that the claimant
888888 paid in the taxable year to establish a film production company in this state:
889889 1. The purchase price of depreciable, tangible personal property.
890890 2. The amount expended to acquire, construct, rehabilitate, remodel, or repair
891891 real property.
892892 (c) Limitations. 1. A claimant may claim the credit under par. (b) 1., if the
893893 tangible personal property is purchased after December 31, 2025, and the personal
894894 property is used exclusively in the claimant[s business as a film production
895895 company.
896896 2. A claimant may claim the credit under par. (b) 2. for an amount expended to
897897 construct, rehabilitate, remodel, or repair real property, if the claimant began the
898898 physical work of construction, rehabilitation, remodeling, or repair, or any
899899 demolition or destruction in preparation for the physical work, after December 31,
900900 2025, or if the completed project is placed in service after December 31, 2025.
901901 3. A claimant may claim the credit under par. (b) 2. for an amount expended to
902902 acquire real property, if the property is not previously owned property and if the
903903 claimant acquires the property after December 31, 2025, or if the completed project
904904 is placed in service after December 31, 2025.
905905 4. No claim may be allowed under this subsection unless the state film office
906906 certifies, in writing, that the credits claimed under this subsection are for expenses
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934934 related to establishing a film production company in this state and the claimant
935935 submits a copy of the certification with the claimant[s return.
936936 5. Partnerships, limited liability companies, and tax-option corporations may
937937 not claim the credit under this subsection, but the eligibility for, and the amount of,
938938 the credit are based on their payment of amounts under par. (b). A partnership,
939939 limited liability company, or tax-option corporation shall compute the amount of
940940 credit that each of its partners, members, or shareholders may claim and shall
941941 provide that information to each of them. Partners, members of limited liability
942942 companies, and shareholders of tax-option corporations may claim the credit in
943943 proportion to their ownership interests.
944944 (d) Administration. 1. Subsection (4) (e) to (h), as it applies to the credit
945945 under sub. (4), applies to the credits under this subsection.
946946 2. Any person, including a nonprofit entity described in section 501 (c) (3) of
947947 the Internal Revenue Code, may sell or otherwise transfer a credit under this
948948 subsection, in whole or in part, to another person who is subject to the taxes
949949 imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
950950 transfer, and submits with the notification a copy of the transfer documents, and
951951 the department certifies ownership of the credit. The transferee may first use the
952952 credit to offset tax of the transferor in the taxable year in which the transfer occurs
953953 and may use the credit only to offset tax in taxable years in which the credit is
954954 otherwise allowed to be claimed and carried forward by the original claimant.
955955 SECTION 15. 71.30 (3) (epr) of the statutes is created to read:
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981981 SECTION 15
982982 71.30 (3) (epr) Film production company investment credit under s. 71.28
983983 (5h).
984984 SECTION 16. 71.30 (3) (eps) of the statutes is created to read:
985985 71.30 (3) (eps) Film production services credit under s. 71.28 (5f) (b) 1. and 3.
986986 SECTION 17. 71.30 (3) (f) of the statutes is amended to read:
987987 71.30 (3) (f) The total of farmland preservation credit under subch. IX, jobs
988988 credit under s. 71.28 (3q), enterprise zone jobs credit under s. 71.28 (3w), electronics
989989 and information technology manufacturing zone credit under s. 71.28 (3wm),
990990 business development credit under s. 71.28 (3y), research credit under s. 71.28 (4)
991991 (k) 1., film production services credit under s. 71.28 (5f) (b) 2., and estimated tax
992992 payments under s. 71.29.
993993 SECTION 18. 71.34 (1k) (g) of the statutes is amended to read:
994994 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
995995 corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3q), (3t), (3w),
996996 (3wm), (3y), (4), (5), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and
997997 passed through to shareholders.
998998 SECTION 19. 71.45 (2) (a) 10. of the statutes is amended to read:
999999 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
10001000 computed under s. 71.47 (1dm) to (1dy), (3g), (3h), (3n), (3q), (3w), (3y), (5f), (5g),
10011001 (5h), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and not passed through by a
10021002 partnership, limited liability company, or tax-option corporation that has added
10031003 that amount to the partnership[s, limited liability company[s, or tax-option
10041004 corporation[s income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit
10051005 computed under s. 71.47 (3), (3t), (4), (4m), and (5).
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10341034 SECTION 20. 71.47 (5f) of the statutes is created to read:
10351035 71.47 (5f) FILM PRODUCTION SERVICES CREDIT. (a) Definitions. In this
10361036 subsection:
10371037 1. XAccredited productionY means a film, video, broadcast advertisement, or
10381038 television production, as approved by the state film office, for which the aggregate
10391039 salary and wages included in the cost of the production for the period ending 12
10401040 months after the month in which the principal filming or taping of the production
10411041 begins exceeds $100,000 for a production that is 30 minutes or longer or $50,000 for
10421042 a production that is less than 30 minutes. XAccredited productionY includes a
10431043 scripted, unscripted, reality, or competition production, but does not include any of
10441044 the following, regardless of the production costs:
10451045 a. News, current events, or public programming or a program that includes
10461046 weather or market reports.
10471047 b. A talk show.
10481048 c. A sports event or sports activity.
10491049 d. A gala presentation or awards show.
10501050 e. A finished production that solicits funds.
10511051 f. A production for which the production company is required under 18 USC
10521052 2257 to maintain records with respect to a performer portrayed in a single media or
10531053 multimedia program.
10541054 g. A production produced primarily for industrial, corporate, or institutional
10551055 purposes.
10561056 2. XClaimantY means a film production company, as defined in sub. (5h) (a) 2.,
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10841084 that operates an accredited production in this state, if the company owns the
10851085 copyright in the accredited production or has contracted directly with the copyright
10861086 owner or a person acting on the owner[s behalf and if the company has a viable plan,
10871087 as determined by the state film office, for the commercial distribution of the
10881088 finished production.
10891089 3. XCommercial domicileY means the location from which a trade or business
10901090 is principally managed and directed, based on any factors the state film office
10911091 determines are appropriate, including the location where the greatest number of
10921092 employees of the trade or business work, the trade or business has its office or base
10931093 of operations, or from which the employees are directed or controlled.
10941094 4. XProduction expendituresY means any expenditures that are incurred in
10951095 this state and directly used to produce an accredited production, including
10961096 expenditures for writing, budgeting, casting, location scouts, set construction and
10971097 operation, wardrobes, makeup, clothing accessories, photography, sound recording,
10981098 sound synchronization, sound mixing, lighting, editing, film processing, film
10991099 transferring, special effects, visual effects, renting or leasing facilities or
11001100 equipment, renting or leasing motor vehicles, food, lodging, and any other similar
11011101 pre-production, production, and post-production expenditure as determined by the
11021102 state film office. XProduction expendituresY includes expenditures for music that is
11031103 performed, composed, or recorded by a musician who is a resident of this state or
11041104 published or distributed by an entity that has its commercial domicile in this state;
11051105 air travel that is purchased from a travel agency or company that has its commercial
11061106 domicile in this state; and insurance that is purchased from an insurance agency or
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11341134 company that has its commercial domicile in this state. XProduction expendituresY
11351135 does not include salary or wages or expenditures for the marketing and distribution
11361136 of an accredited production.
11371137 (b) Filing claims. Subject to the limitations provided in this subsection, for
11381138 taxable years beginning after December 31, 2025, a claimant may claim as a credit
11391139 against the tax imposed under s. 71.43 any of the following amounts:
11401140 1. An amount equal to 30 percent of the salary or wages paid by the claimant
11411141 to the claimant[s employees in the taxable year for services rendered in this state to
11421142 produce an accredited production and paid to employees who were residents of this
11431143 state at the time that they were paid.
11441144 2. An amount equal to 30 percent of the production expenditures paid by the
11451145 claimant in the taxable year to produce an accredited production.
11461146 3. An amount equal to the taxes imposed under ss. 77.52 and 77.53 that the
11471147 claimant paid in the taxable year on the purchase of tangible personal property and
11481148 taxable services that are used directly in producing an accredited production in this
11491149 state, including all stages from the final script stage to the distribution of the
11501150 finished production.
11511151 (c) Limitations. 1. No amount of the salary or wages paid under par. (b) 1.
11521152 may be the basis for a credit under this subsection unless the salary or wages are
11531153 paid for services rendered after December 31, 2025, and directly incurred to
11541154 produce the accredited production.
11551155 2. The total amount of the credits that may be claimed by a claimant under
11561156 par. (b) 1. shall not exceed an amount equal to the first $250,000 of salary or wages
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11831183 SECTION 20
11841184 paid to each of the claimant[s employees, as described in par. (b) 1., in the taxable
11851185 year, not including the salary or wages paid to the claimant[s 2 highest-paid
11861186 employees, as described in par. (b) 1., in the taxable year, if the claimant[s budgeted
11871187 production expenditures are $1,000,000 or more.
11881188 3. No credit may be allowed under this subsection unless the claimant files an
11891189 application with the state film office, at the time and in the manner prescribed by
11901190 the office, and the office approves the application. The claimant shall submit a copy
11911191 of the approved application with the claimant[s return.
11921192 4. Partnerships, limited liability companies, and tax-option corporations may
11931193 not claim the credit under this subsection, but the eligibility for, and the amount of,
11941194 the credit are based on their payment of amounts under par. (b). A partnership,
11951195 limited liability company, or tax-option corporation shall compute the amount of
11961196 credit that each of its partners, members, or shareholders may claim and shall
11971197 provide that information to each of them. Partners, members of limited liability
11981198 companies, and shareholders of tax-option corporations may claim the credit in
11991199 proportion to their ownership interest.
12001200 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
12011201 credit under s. 71.28 (4), applies to the credits under this subsection. Section 71.28
12021202 (4) (f), as it applies to the credit under s. 71.28 (4), applies to the credits under par.
12031203 (b) 1. and 3.
12041204 2. If the allowable amount of the claim under par. (b) 2. exceeds the tax
12051205 otherwise due under s. 71.43 or no tax is due under s. 71.43, the amount of the
12061206 claim not used to offset the tax due shall be certified by the department of revenue
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12321232 KP:wlj
12331233 SECTION 20
12341234 to the department of administration for payment by check, share draft, or other
12351235 draft drawn from the appropriation account under s. 20.835 (2) (bm).
12361236 3. Any person, including a nonprofit entity described in section 501 (c) (3) of
12371237 the Internal Revenue Code, may sell or otherwise transfer a credit under this
12381238 subsection, in whole or in part, to another person who is subject to the taxes
12391239 imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
12401240 transfer, and submits with the notification a copy of the transfer documents, and
12411241 the department certifies ownership of the credit. The transferee may first use the
12421242 credit to offset tax of the transferor in the taxable year in which the transfer occurs
12431243 and may use the credit only to offset tax in taxable years in which the credit is
12441244 otherwise allowed to be claimed and carried forward by the original claimant.
12451245 SECTION 21. 71.47 (5h) of the statutes is created to read:
12461246 71.47 (5h) FILM PRODUCTION COMPANY INVESTMENT CREDIT. (a) Definitions.
12471247 In this subsection:
12481248 1. XClaimantY means a person who files a claim under this subsection and
12491249 who does business in this state as a film production company.
12501250 2. XFilm production companyY means an entity that creates films, videos,
12511251 broadcast advertisement, or television productions, not including the productions
12521252 described under sub. (5f) (a) 1. a. to g.
12531253 3. XPhysical workY does not include preliminary activities such as planning,
12541254 designing, securing financing, researching, developing specifications, or stabilizing
12551255 property to prevent deterioration.
12561256 4. XPreviously owned propertyY means real property that the claimant or a
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12821282 KP:wlj
12831283 SECTION 21
12841284 related person owned during the 2 years prior to doing business in this state as a
12851285 film production company and for which the claimant may not deduct a loss from the
12861286 sale of the property to, or an exchange of the property with, the related person
12871287 under section 267 of the Internal Revenue Code.
12881288 5. XUsed exclusivelyY means used to the exclusion of all other uses except for
12891289 other use not exceeding 5 percent of total use.
12901290 (b) Filing claims. Subject to the limitations provided in this subsection, for
12911291 taxable years beginning after December 31, 2025, a claimant may claim as a credit
12921292 against the tax imposed under s. 71.43, up to the amount of the taxes, for the first 3
12931293 taxable years that the claimant is doing business in this state as a film production
12941294 company, an amount that is equal to 30 percent of the following that the claimant
12951295 paid in the taxable year to establish a film production company in this state:
12961296 1. The purchase price of depreciable, tangible personal property.
12971297 2. The amount expended to acquire, construct, rehabilitate, remodel, or repair
12981298 real property.
12991299 (c) Limitations. 1. A claimant may claim the credit under par. (b) 1., if the
13001300 tangible personal property is purchased after December 31, 2025, and the personal
13011301 property is used exclusively in the claimant[s business as a film production
13021302 company.
13031303 2. A claimant may claim the credit under par. (b) 2. for an amount expended to
13041304 construct, rehabilitate, remodel, or repair real property, if the claimant began the
13051305 physical work of construction, rehabilitation, remodeling, or repair, or any
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13311331 SECTION 21
13321332 demolition or destruction in preparation for the physical work, after December 31,
13331333 2025, or if the completed project is placed in service after December 31, 2025.
13341334 3. A claimant may claim the credit under par. (b) 2. for an amount expended to
13351335 acquire real property, if the property is not previously owned property and if the
13361336 claimant acquires the property after December 31, 2025, or if the completed project
13371337 is placed in service after December 31, 2025.
13381338 4. No claim may be allowed under this subsection unless the state film office
13391339 certifies, in writing, that the credits claimed under this subsection are for expenses
13401340 related to establishing a film production company in this state and the claimant
13411341 submits a copy of the certification with the claimant[s return.
13421342 5. Partnerships, limited liability companies, and tax-option corporations may
13431343 not claim the credit under this subsection, but the eligibility for, and the amount of,
13441344 the credit are based on their payment of amounts under par. (b). A partnership,
13451345 limited liability company, or tax-option corporation shall compute the amount of
13461346 credit that each of its partners, members, or shareholders may claim and shall
13471347 provide that information to each of them. Partners, members of limited liability
13481348 companies, and shareholders of tax-option corporations may claim the credit in
13491349 proportion to their ownership interests.
13501350 (d) Administration. 1. Section 71.28 (4) (e) to (h), as it applies to the credit
13511351 under s. 71.28 (4), applies to the credits under this subsection.
13521352 2. Any person, including a nonprofit entity described in section 501 (c) (3) of
13531353 the Internal Revenue Code, may sell or otherwise transfer a credit under this
13541354 subsection, in whole or in part, to another person who is subject to the taxes
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13801380 KP:wlj
13811381 SECTION 21
13821382 imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
13831383 transfer, and submits with the notification a copy of the transfer documents, and
13841384 the department certifies ownership of the credit. The transferee may first use the
13851385 credit to offset tax of the transferor in the taxable year in which the transfer occurs
13861386 and may use the credit only to offset tax in taxable years in which the credit is
13871387 otherwise allowed to be claimed and carried forward by the original claimant.
13881388 SECTION 22. 71.49 (1) (epr) of the statutes is created to read:
13891389 71.49 (1) (epr) Film production company investment credit under s. 71.47
13901390 (5h).
13911391 SECTION 23. 71.49 (1) (eps) of the statutes is created to read:
13921392 71.49 (1) (eps) Film production services credit under s. 71.47 (5f) (b) 1. and 3.
13931393 SECTION 24. 71.49 (1) (f) of the statutes is amended to read:
13941394 71.49 (1) (f) The total of farmland preservation credit under subch. IX, jobs
13951395 credit under s. 71.47 (3q), enterprise zone jobs credit under s. 71.47 (3w), business
13961396 development credit under s. 71.47 (3y), research credit under s. 71.47 (4) (k) 1., film
13971397 production services credit under s. 71.47 (5f) (b) 2., and estimated tax payments
13981398 under s. 71.48.
13991399 SECTION 25. Fiscal changes.
14001400 (1) STATE FILM OFFICE. In the schedule under s. 20.005 (3) for the
14011401 appropriation to the department of tourism under s. 20.380 (1) (a), the dollar
14021402 amount for fiscal year 2025-26 is increased by $199,300 to increase the authorized
14031403 FTE positions for the state film office by 3.0 GPR positions for administration of the
14041404 film production services credit and the film production company investment credit.
14051405 In the schedule under s. 20.005 (3) for the appropriation to the department of
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14331433 SECTION 25
14341434 tourism under s. 20.380 (1) (a), the dollar amount for fiscal year 2026-27 is
14351435 increased by $254,000 to provide funding for the position authorized under this
14361436 subsection.
14371437 SECTION 26. Effective date.
14381438 (1) This act takes effect on the day after publication, or on the 2nd day after
14391439 publication of the 2025 biennial budget act, whichever is later.
14401440 (END)
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