Pennsylvania Film Tax Credit

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250 N Commerce Drive Aston, PA 19014

 

PENNSYLVANIA - New Legislation for Film Tax Credit Program

On July 2, 2012, Governor Corbett signed House Bill 761. Highlights of the changes to the incentive program are as follows:

A transferable tax credit equal to 25%;

An additional 5% tax credit of qualified expenses may be earned by production companies filming at a Qualified

   Production Facility which meets the Minimum Stage Filming Requirements;

Productions with less than $30 million in Pennsylvania production expense must meet the following Minimum

   Stage Filming Requirements:

            ▪ Build at least one set at a qualified production facility;

            ▪ Shoot a minimum of ten days at a qualified production facility;

            ▪ Spend or incur at least $1.5 million in direct expenditures relating to the use or rental of tangible property at or

              for services provided by a qualified production facility;

Productions with at least $30 million in Pennsylvania production expense must meet the following Minimum

   Stage Filming Requirements:

            ▪ Build at least two sets at a qualified production facility;

            ▪ Shoot a minimum of 15 days at a qualified production facility;

            ▪ Spend or incur at least $5 million in direct expenditures relating to the use or rental of tangible property at or for

               services provided by a qualified production facility;

A requirement that 60% of the production's total production expenses be incurred in Pennsylvania:

            ▪ If the Department determines the economic benefit to Pennsylvania from the direct investment in or payments

               made to Pennsylvania outweighs the benefit of maintaining the 60% requirement, the Department may waive the

               60% requirement for productions that are feature films, television films, or television series intended as

               programming for a national audience that have at least $30 million in Pennsylvania production expenses and

               meet the Minimum Stage Filming Requirement

In any fiscal year, the Department may award up to 30% of the tax credits available in the next succeeding fiscal

  year, 20% of credits available in the second successive fiscal year, and 10% of credits available in the third

  successive fiscal year;

An annual cap of $60 million in tax credits.

  1. *In addition and perhaps most notably, film tax credit applications are now reviewed in 90-day periods and evaluated

   upon six new criteria:

  1. 1.The anticipated number of production days in a qualified production facility

  2. 2.The anticipated number of Pennsylvania employees

  3. 3.The number of preproduction days through postproduction days in Pennsylvania

  4. 4.The anticipated number of days spent in Pennsylvania hotels

  5. 5.The Pennsylvania production expenses in comparison to the production budget

  6. 6.The use of studio resources.