USA filmmakers: fundraising tax incentive set to expire

Barry_Green

Moderator
Okay, I recognize this is potentially inflammatory ground, for a forum that specifically prohibits talk of politics. But here is an issue that could have a direct effect on filmmakers attempting to raise money for their productions, so we as moderators have discussed it and feel that it seems relevant to bring this to the attention of the USA-based portion of our community. However, the issue is brought up for informational purposes, not for activism purposes. Whether you agree or disagree with the advisability or suitability of film incentives or the usage of tax dollars is NOT for discussion here. This is merely to point out an issue that is occurring within the US tax laws, and for people who have opinions on it to be encouraged to write to their congressional representatives or senators.

NOT to discuss those opinions here! ('cause that would break the no-politics rule). We don't need the fighting here. We're just making you aware of it in case it affects you.

Okay, with that said -- currently the US tax law provides an incentive for US investors to invest in US film production activities. This tax law is Section 181. It was added as part of the American Jobs Creation Act of 2004. What this tax law does, essentially, is allow investors to immediately deduct the full amount of their investment in a film, rather than get into complicated amortizations. It greatly simplifies the accounting, and perhaps maximizes the appeal, of investing in film productions, for investors who are in higher tax brackets. Under Section 181, an investor may be more likely to invest in a film, than s/he would be if Section 181 did not exist.

Originally set to expire in 2008, the act was extended for one year under the Renewable Energy and Job Creation Tax Act of 2008.

As it stands now, this provision in the tax law will expire on December 31, 2009.

Obviously it is within the power of the US Senators and Representatives to extend this act, or to allow it to expire.

If you have an opinion on whether this act should be extended (whether for or against, that's none of our business here and we're not discussing that) then you should consider writing to your congressional representatives and senators. Each citizen of the US is represented by one House Representative and by two US Senators.

You can locate who your US House Representative is, and send them a message, by visiting www.house.gov/writerep .

You can locate the US Senators who represent your state, and send them a message, by visiting http://www.senate.gov/general/contact_information/senators_cfm.cfm

If you wish to engage in advocacy about this issue, either for or against, you can share or digg it using the "share" menu on the toolbar, which could rapidly raise the visibility of the issue. Obviously, outside of DVXUser, you're encouraged to share your views on the subject with your friends, family, whoemever you feel like, and encourage them to write their representatives and share their feelings. We just don't want to bog down DVXUser with a bunch of political talk on the appropriateness or inappropriateness of such a measure.

We did, however, feel that the direct applicability of this issue and how it could affect filmmakers, merited at least pointing out the current status and approaching expiration date, so those in favor could request an extension, and those against it could request expiration.
 
Barry do you know of any film legislation advocacy group that has taken up this cause and may also have on-line pettitions and letter, phone call talking points?
 
Thanks both for the heads up on an issue of such obvious importance to the community, and for the political neutrality displayed in honor of the forum.

A class act. :beer:

p.s. -

Passed to my local advocacy groups, suggest others may wish to do the same . . . .
 
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Since I shoot my stuff for basically no money, I never really looked into this (because who'd invest in something I did, anyway? :) ). Thanks for the info!
 
Hmm... Can one invest his money into his own film, basically writing off a chunk of income?

I quickly googled Section 181, it says "first 44 episodes" but does not say that anything in fact should be aired. So, what is the proof that one has produced something?
 
Hmm... Can one invest his money into his own film, basically writing off a chunk of income?
Yes, as I understand it, but obviously a session with your tax accountant would be well advised.

I quickly googled Section 181, it says "first 44 episodes" but does not say that anything in fact should be aired. So, what is the proof that one has produced something?
Likely the same as anything else you claim to deduct. If there is an audit, you will have to produce proof of what you've claimed. Again, a matter for your accountant.
 
Kudos to all for keeping a calm thread going. Living in Beirut I've never seen this much control in a political chat. :)

I haven't made films in the US, didn't know about this act. I wonder if it exists here or in other countries. I pay for all my films and I wonder if that's deductable as a member previously mentioned.

Also, if this act expires, and US filmmakers opt to fund their films from other countries and go through the same tax dance? Bear with me I'm not very bright when it comes to financial and tax mechanics.

Say the act expires, and you can't immediately write off the film's funds, what's the law if the money comes from another country? Does that matter to this chat?

It seems like a really random question I'm sorry but the topic is really interesting. I remember every politics course I took when the prof would say 'politics affects everyone'.

On a lighter note, this feels like an extra workaround tax wise now that may not be around for much longer, and I can't help but think of the analogy that tax act repealed is to Canon having a firmware update that disables manual control.

(har har. you may flog my cheap humor now. I shamefully apologizze but am giggling like a dweeb. forgive me.)
 
If the money comes from another country, its deductability would presumably depend on that country's tax laws, and foreign investment tax credits are a fairly complex subject; some countries have reciprocal tax agreements with the USA so that if you pay tax on income in one country you won't have to pay tax on that same income in another country, etc. I would guess that most countries wouldn't favorably forgive tax on investing in another country rather than keeping that money at home, but tax laws are highly complex and the reasoning behind them is not frequently obvious, so -- again, for questions like that you can only get a good answer by consulting a local tax accountant.
 
When I looked into this, I was told that the deductions are against passive income. So talk to an accountant before you invest your own money thinking you will get an easy write-off. It's not quite as simple as, say, writing off your meals and travel expenses.
 
I find it more hilarious how delicate everything has to be presented on the board, even by moderators.

"Here is a really relivant topic to filmmaking...we encourage you to discuss it...just don't discuss it here...on this discussion board!"

If the policy of the forums is to not discuss this with ANY sort of point of view because it may be construed as political, I expect no one will take any action to change anything in real life. Because, you know, it might bother our government and then they'd have to ban us.
 
Well...as someone who has earned a couple of friendly *****-smacks for getting too controversial...this site is about the production part, not the political part. In all fairness there's a world full of other venues available for that.
 
Yes but when something like this happens, and political aspects interfere with productions...and then a moderator on the board actually starts the topic...in the "anything goes" forum...then basically says to pretend like you don't have any opinion about it, but still discuss it, it's just weird. Why even start the thread, if it's against the rules the moderators brought up? I've never been on a board where a discussion is presented like a cock-tease.
 
Is there valuable information to be gained from the post for the film-maker who does this as a business? Yes. Is there a political vein that can be debated, yes. Forum rules prevent political discussions. But not business ones.

It is not an anything goes forum, if you read the rules. And the OP/Mod, followed them precisely. He gave serious business minded film-makers valuable info. If you cannot understand that, thats okay. But for those that do this as a business, we are thanking him for sharing the info in a way that it could be presented without violating forum rules.
 
I think the mods are just making sure this doesn't turn into a "tax breaks are bad" "tax breaks are good" political discussion. It's not a big deal for someone to open up with "don't get political on this!"

On the flip side, I don't see how anyone on this board would be against this other than from a pure political/philosophical matter. This is a great tool, if used with proper advisement, for people to get smaller projects off the ground.

I will be reaching out to my elected officials and I hope all of you here will too (regardless of what you tell them!)
 
If you really want to make an impact on this issue you may, in addition to contacting your congresscritters, also want to write the chairs of the House Ways and Means Committee, Charles Rangel (http://rangel.house.gov/) and the Senate's Finance Committee, Max Baucus (http://baucus.senate.gov/)

Those are the two committees that oversee the IRS, so I'm assuming those would be the best folks to hit up about this.
 
When I looked into this, I was told that the deductions are against passive income. So talk to an accountant before you invest your own money thinking you will get an easy write-off. It's not quite as simple as, say, writing off your meals and travel expenses.

Although, I just talked to my accountant and he says it can be taken against any income. Barry, what did your guy say about that? It seems tough to get a straight answer on this from the tax code...
 
Looks like a good tool for investors. However if you're doing your own productions and have a company, you can already write everything off as a business expense - which is what I do. From what I've read.....unless there's something I'm missing?
 
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