Until recently, Nevada was one of a handful of states that did not offer film companies tax incentives. With the passage of Senate Bill 165 last month qualified film producers are eligible for transferable film credits valued at 20 percent of production costs. Lawmakers were in part persuaded by testimony (offered by film maker Nicholas Cage) that such credits would result in a film boom for Nevada. Some features of the credits: they are limited to $20 million a year. Productions that shoot 60 percent of their work in Nevada and spend between $500,000 and $40 million may earn a credit for 15 percent to 19 percent of total in-state, qualified expenses. Each production is capped at $6 million in credits.
Nevada does not tax individual or corporate income. The credits may be applied to payroll taxes, casino taxes and insurance premium taxes. Gasoline, cigarette, liquor, sales, live entertainment and property taxes aren’t eligible.
Part of the value of Nevada’s credits to film companies is that they are transferable. The credits can be sold by film companies to other Nevada businesses, such as casinos, becoming, “the coin of the realm.”
The Las Vegas Sun News explains how the new program will help generate a niche financial industry of brokers to help parties buy and sell credits. For example, a film company with a $1 million production and 15 percent credit is awarded $150,000 by the state of Nevada. If the film company only pays $50,000 in payroll taxes, that leaves $100,000 in credits on the table. This credit can then be sold at discount (let’s say 80 percent of the value of the remaining credit) to an interested buyer. Thus, a casino with a $100,000 tax liability can buy a tax credit from the film company at a price of $80,000.
The legislature promises to study the effectiveness of the program after a five-year trial period.