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The Film Production Company Investment Tax Credit applies to eligible claimants who establish a film production company in Wisconsin.

An "Eligible Claimant" for the Film Production Company Investment Tax Credit means a person who does business in Wisconsin as a film production company.  "Person" includes natural persons, fiduciaries, and corporations, unless the context requires otherwise.  A "Film Production Company" is defined as an entity that creates films, videos, electronic games, broadcast advertisements, or television productions, not including the productions specifically excluded under the definition of "Accredited Production" used for the Film Production Services Tax Credit.

An Eligible Claimant may claim as a credit against individual and corporate income and franchise taxes, for the first three taxable years that the claimant is doing business in Wisconsin as a film production company, an amount that is equal to 15% of the following that the claimant paid in the tax year to establish a film production company in Wisconsin:

ball  The purchase price of depreciable, tangible personal property, such as business equipment or vehicles.  The claimant must purchase the tangible personal property after December 31, 2007, and at least 50% of the property's use must be for the claimant's business as a film production company.

ball  The amount expended to acquire, construct, rehabilitate, remodel, or repair real property.  A claimant may claim a credit for an amount expended to construct, rehabilitate, remodel or repair real property, if the claimant began the physical work of construction, rehabilitation, remodeling or repair, or any demolition or destruction in preparation for the physical work, after December 31, 2007, or if the completed project is placed in service after December 31, 2007.  A claimant may also claim the credit for an amount expended to acquire real property, if the property is not previously owned property, and if the claimant acquires the property after December 31, 2007, or if the completed project is placed in service after December 31, 2007.
"Physical Work" does not include preliminary activities such as planning, designing, securing financing, researching, developing specifications, or stabilizing property to prevent deterioration.

"Previously Owned Property" means real property that the claimant or a related person owned during the two years prior to doing business in Wisconsin as a film production company, and for which the claimant may not deduct a loss from the sale of the property to, or an exchange of the property with, the related person as defined under the federal Internal Revenue Code.

The Department of Commerce will consider whether all of the following are likely, in determining whether to issue a preliminary approval for establishing a film production company:
  1. The film production company would not be established in Wisconsin without the tax benefits provided under the program.
  2. The film production company would enhance economic development in Wisconsin.
  3. The film production company would enhance the potential for increasing the film, video or electronic game industry in Wisconsin.
The tax credits earned under the Film Production Company Investment Tax Credit program are non-refundable.  Unused tax credit amounts may be carried forward for up to 15 years to offset future tax liabilitities.

OTHER LINKS
Film Production Services Tax Credit Program
Application Process
Film Production Services Tax Credit and Film Production Company Investment Tax Credit Application Manual
Film Production Services Credit and Film Production Company Investment Credit statutes
Film Production Accreditation Program administrative rule
Film Wisconsin is a volunteer group dedicated to nurturing and sustaining Wisconsin's film and media industry.  Film Wisconsin advocates for the industry in the global marketplace, providing information and resources on the industry and is a technical assistance organization for individuals and organizations engaged in film, television, advertising, documentary, corporate video, video gaming and still photography production in the state.

For more information about Wisconsin's film tax credit programs, contact Steve Sabatke, Economic Development Consultant, Bureau of Business Finance & Compliance, Wisconsin Department of Commerce, 201 West Washington Avenue, Madison, WI  53707-7970.

Phone:  608/267-0762
Fax:  608/264-6151
Email:  Steven.Sabatke@Wisconsin.gov