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> Information provided on this site is for general guidance only and is often simplified. Actual IRS procedures are complex, and taxpayers should obtain professional assistance or use IRS sources for complete information.

The United States Film Industry
Although a number of US states offer local level incentives for film production, there was until 2004 no national level incentive structure as such.

'Runaway' Productions
Competing regimes began to spring up in Canada and other English-speaking countries which began to attract what is known as 'runaway' US film production.

Legislative Support For Film Production
Many industry observers have proposed that the United States or individual states offer comparable tax incentives to encourage production in the United States.

The American Jobs Creation Act Of 2004
The AJCA created a specific regime for tax incentives in film production.

State Tax Incentive Regimes For Film Production
From time to time, the IRS launches an all out attack on tax shelters, and the shelter industry retreats - but it is soon back again, applying all its wits to the creation of ever more intricate ways of minimising corporate tax bills.

'Runaway' Productions

After 1978 the absence of incentives did not unduly inhibit the financing of US movies until competing regimes began to spring up in Canada and other English-speaking countries which began to attract what is known as 'runaway' US film production. Complaints from the industry and demands for a US tax credit system reached a crescendo in 1999.

In August 1999 more than 5,000 industry workers staged a rally in Hollywood to protest runaway production and the loss of American film and TV jobs to Canada and other foreign countries. By all accounts, it was the largest demonstration in Hollywood's history.

The rally was organized by the Film and Television Action Committee, a grass-roots coalition of industry workers who support legislation that would offer tax incentives to producers who shoot their productions in California - incentives that would counterbalance the generous tax breaks being used to lure U.S. producers to Canada and other countries.

"This rally is not the last," then FTAC chairman Jack De Govia told the cheering crowd. "You have not heard the last of us. We will not stand by and let a foreign government buy our jobs and our lives and the future of our families. We helped build this industry and this town and state and nation, and we will not give them up without a fight!"

The immediate target of the demonstration was the California legislature, which was considering the creation of local film production incentives. But the Screen Actors Guild and the Directors Guild of America, both of whom supported the demonstration, were focusing more on solutions at the national level, and had produced a report showing that US runaway productions had cost the American economy $10.3 billion in the previous year.

A number of factors had encouraged US film production to move abroad, including growing worldwide consumer demand for filmed entertainment, construction of new state-of-the art studios abroad, favorable financing and tax incentives from foreign governments, the formation of international production companies, and new technology that has both led to the replacement of some US film workers and facilitated the movement of high-quality film production to nontraditional locations. Film budgets are increasingly consumed by high production costs both above and below the line and by increased emphasis on marketing. At the same time, the meteoric expansion of television channels worldwide via cable has brought huge demand for productions that typically require lower budgets. Foreign film industries have seen the window of opportunity that these circumstances have opened and, with the help of government programs, have moved in to claim their share of the action. All of these factors have transformed what used to be traditionally American television and feature film production into an increasingly widespread global industry.

Ballooning production costs are another problem. Many people in the film industry talk about exchange rates and runaway film production, attributing runaways to the dollar’s purchasing power abroad. They often cite Canada as an evidence that costs in the four principal destination countries for fleeing films (Australia, the United Kingdom, Ireland and, of course, Canada) increased or remained the same relative to costs in the United States.

By the end of the 1990s, rising costs and lower operating margins led US studio executives to conduct a major restructuring of their business practices in order to remain competitive. As one media analyst described it, studio executives found themselves ... in a race between the slower growth of their profits and their ability to restructure their balance sheets.” The restructuring included aggressive cost-cutting, personnel layoffs, the introduction of more sophisticated market research, entry into strategic joint ventures, experimentation with risk-reducing financing alternatives, the production of fewer films, and, inevitably, moving production abroad. As a result of these measures, costs have in fact come down since 1998.

New film production centers have developed abroad in part because advances in technology have enabled them to train a labor force, build the necessary technological infrastructure, and create a film-friendly culture with a speed and ease that has never before been possible. Most of the technological advances in the production process revolve around the ability to "post-produce” film entertainment content electronically. Post-production is a term of art that refers to important processes, such as editing, color correction, sound engineering, and creation of computer-generated images (CGI) and combining (or compositing”) CGI with live action visual images. Post-production processes generally occur after the film has been shot.

Contemporary technologies also now make it logistically feasible for individuals from all around the world to collaborate and participate in the post-production process, no matter where they happen to be located.

In addition, new digital tools make it more economically and technically feasible to shoot at certain locations which can be digitally converted to appear like other locations. For example, a producer could film in a large foreign metropolitan area and digitally replace license plates, billboards, signs, and other elements in the scene to make them appear like their American counterparts. The ability to create the visual image of another location has provided film makers with increased flexibility in choosing production locations.

All in all, it was understood that runaway film problem could threaten to disrupt important segments of a vital American industry and the thousands of workers who depend on it. Not only would this have a serious effect on local communities and families around the country, it could also turn out to have an adverse impact on an important and influential aspect of American popular culture.

Many industry observers have proposed that the United States or individual states offer comparable tax incentives to encourage production in the United States. Several state film commissions have also been pressing for the creation of a US Film Commission to marshal resources for, and attention toward, the film industry at the national level. The United States is the only major county that does not have a federal-level government organization tasked with addressing the business of the film industry. The commission could coordinate with state film commissions on how to attract film production through streamlining bureaucratic processes, simplifying access to government-owned property for filming, and standardizing licensing and permitting procedures. Finally, the commission could publish periodic economic analyses of the industry. However, substantial action in this direction has still not been taken.

BACK TO TOP

The United States Film Industry
Although a number of US states offer local level incentives for film production, there was until 2004 no national level incentive structure as such.

'Runaway' Productions
Competing regimes began to spring up in Canada and other English-speaking countries which began to attract what is known as 'runaway' US film production.

Legislative Support For Film Production
Many industry observers have proposed that the United States or individual states offer comparable tax incentives to encourage production in the United States.

The American Jobs Creation Act Of 2004
The AJCA created a specific regime for tax incentives in film production.

State Tax Incentive Regimes For Film Production
From time to time, the IRS launches an all out attack on tax shelters, and the shelter industry retreats - but it is soon back again, applying all its wits to the creation of ever more intricate ways of minimising corporate tax bills.

 

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