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November 22, 2024 | CaliforniaContract DraftingCopyrightMedia

Governor Newsom’s Tax Incentive Plan: A Boost for California’s Film and TV Industry?

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Author(s)
Ellie Sanders

Associate Attorney

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Yiran Wang

Law Clerk

In a bold move to revive Hollywood’s production landscape, California Governor Gavin Newsom recently announced his proposal to (more than) double the state’s film and TV tax incentive program, from $330 million to $750 million annually.  If approved by the state legislature, the new policy will take effect on July 1, 2025, making California the second largest provider of film production tax incentives in the nation, second only to Georgia, which offers tax credits without a cap on the annual total amount.

Economic Impact and Industry Response

Data from the governor’s office indicates that 71% of projects excluded from California’s current tax credit program relocate to other jurisdictions.  This exodus has significant implications for tax revenue, film financing strategies, and employment considerations, particularly regarding union contracts and workforce regulations.  Recent data from FilmLA shows only 5,048 “shoot days” recorded in the Los Angeles area during the third quarter – falling below even the strike-impacted numbers from 2023.

Comparative Analysis with Other Jurisdictions

A review of competing jurisdictions reveals varying approaches to entertainment industry incentives.  Georgia maintains its competitive edge through unlimited tax credits with transferability provisions, while New York operates with a $700 million annual cap and specific qualifying criteria.  Other states offer credits ranging from 20% to 40% of qualifying expenses, creating a complex landscape for production planning.

Future Implications

Production companies should undertake comprehensive reviews of their existing production plans and consider whether it makes to delay, as if this law is passed, considerable tax benefits would become effective in July 2025.

More broadly, if passed, this legislative initiative would reshape the entertainment industry’s tax landscape nationwide.  Its success could influence interstate competition for entertainment industry tax incentives, drive employment law developments in the entertainment sector, and potentially spark future amendments to state tax credit programs across the country.

Conclusion

Companies considering California production should carefully evaluate several aspects of the proposed program.  Understanding the qualification requirements, timelines for credit applications and approvals, and documentation requirements would be helpful for strategic planning as we wait to see if the state legislature approves the proposal.

This proposed expansion represents a critical juncture in California’s entertainment industry tax policy.  As the legislation moves through the state legislature, our firm remains committed to providing timely updates and strategic counsel to help clients optimize their positions under this evolving framework.  If you have further questions, reach out to a member of our team for next steps.

 

Photo by Emanuel Ekström on Unsplash
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