(a)Copy CA درآمد و مالیات Code § 17053.98(a)
(1)Copy CA درآمد و مالیات Code § 17053.98(a)(1) For taxable years beginning on or after January 1, 2020, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, subject to a computation and ranking by the California Film Commission in subdivision (g) and the allocation amount categories described in subdivision (i), in an amount equal to 20 percent or 25 percent, whichever is the applicable credit percentage described in paragraph (4), of the qualified expenditures for the production of a qualified motion picture in California. A credit shall not be allowed under this section for any qualified expenditures for the production of a motion picture in California if a credit has been claimed for those same
expenditures under Section 17053.85 or 17053.95.
(2)CA درآمد و مالیات Code § 17053.98(a)(2) Except as otherwise provided in this section, the credit shall be allowed for the taxable year in which the California Film Commission issues the credit certificate pursuant to subdivision (g) for the qualified motion picture, but in no instance prior to July 1, 2020, and shall be for the applicable percentage of all qualified expenditures paid or incurred by the qualified taxpayer in all taxable years for that qualified motion picture.
(3)Copy CA درآمد و مالیات Code § 17053.98(a)(3)
(A)Copy CA درآمد و مالیات Code § 17053.98(a)(3)(A) The amount of the credit allowed to a qualified taxpayer shall be limited to the amount specified in the credit certificate issued to the qualified taxpayer by the California Film Commission pursuant to subdivision (g).
(B)CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B) In determining the amount specified in the credit certificate in subparagraph (A), the California Film Commission shall be limited to the following amounts of qualified expenditures for each qualified motion picture:
(i)Copy CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B)(i)
(I)Copy CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B)(i)(I) In the case of a feature, up to one hundred million dollars ($100,000,000).
(II) Notwithstanding subclause (I), for taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k), in the case of a feature, up to one hundred twenty million dollars ($120,000,000).
(ii)Copy CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B)(ii)
(I)Copy CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B)(ii)(I) In the case of a miniseries described in clause (ii) of subparagraph (A) of paragraph (18) of subdivision (b), up to one hundred
million dollars ($100,000,000).
(II) Notwithstanding subclause (I), for taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k), in the case of a miniseries described in clause (ii) of subparagraph (A) of paragraph (18) of subdivision (b), up to one hundred twenty million dollars ($120,000,000).
(iii)Copy CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B)(iii)
(I)Copy CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B)(iii)(I) In the case of a television series described in clause (iii) or clause (v) of subparagraph (A) of paragraph (18) of subdivision (b), up to one hundred million dollars ($100,000,000) per season.
(II) Notwithstanding subclause (I), for taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k),
in the case of a television series described in clause (iii) or clause (v) of subparagraph (A) of paragraph (18) of subdivision (b), up to one hundred twenty million dollars ($120,000,000).
(iv)CA درآمد و مالیات Code § 17053.98(a)(3)(A)(B)(iv) In the case of an independent film, up to ten million dollars
($10,000,000).
(4)CA درآمد و مالیات Code § 17053.98(a)(4) For purposes of paragraphs (1) and (2), the applicable credit percentage shall be:
(A)CA درآمد و مالیات Code § 17053.98(a)(4)(A) Twenty percent of the qualified expenditures attributable to the production of a qualified motion picture in California, including, but not limited to, a feature or a television series that relocated to California that is in its second or subsequent years of receiving a tax credit allocation pursuant to this section, Section 17053.85, or Section 17053.95.
(B)CA درآمد و مالیات Code § 17053.98(a)(4)(B) Twenty-five percent of the qualified expenditures attributable to the production of a qualified motion picture in California where the qualified motion picture is a television series that relocated to California in its first year of receiving a tax
credit allocation pursuant to this section.
(C)CA درآمد و مالیات Code § 17053.98(a)(4)(C) Twenty-five percent of the qualified expenditures attributable to the production of a qualified motion picture that is an independent film.
(D)CA درآمد و مالیات Code § 17053.98(a)(4)(D) Additional credits shall be allowed for the production of a qualified motion picture whose applicable credit percentage is determined pursuant to subparagraph (A), in an aggregate amount not to exceed 5 percent of the qualified expenditures under that subparagraph, as follows:
(i)Copy CA درآمد و مالیات Code § 17053.98(a)(4)(D)(i)
(I)Copy CA درآمد و مالیات Code § 17053.98(a)(4)(D)(i)(I) Five percent of qualified expenditures, excluding qualified wages described in subparagraph (E), relating to original photography outside the Los Angeles zone.
(II) For purposes of this clause and subparagraph (E):
(ia) “Applicable period” means the period that commences with preproduction and ends when original photography concludes. The applicable period includes the time necessary to strike a remote location and return to the Los Angeles zone.
(ib) “Los Angeles zone” means the area within a circle 30 miles in radius from Beverly Boulevard and La Cienega Boulevard, Los Angeles, California, and includes Agua Dulce, Castaic, including Castaic Lake, Leo Carrillo State Beach, Ontario International Airport, Piru, and Pomona, including the Los Angeles County Fairgrounds. The Metro-Goldwyn-Mayer, Inc. Conejo Ranch property is within the Los Angeles zone.
(ic) “Original
photography” includes principal photography and reshooting original footage.
(id) “Qualified expenditures relating to original photography outside the Los Angeles zone” means amounts paid or incurred during the applicable period for tangible personal property purchased or leased and used or consumed outside the Los Angeles zone and relating to original photography outside the Los Angeles zone and qualified wages paid for services performed outside the Los Angeles zone and relating to original photography outside the Los Angeles zone.
(ii)CA درآمد و مالیات Code § 17053.98(a)(4)(D)(ii) Five percent of the qualified expenditures relating to qualified visual effects attributable to the production of a qualified motion picture in California.
(E)Copy CA درآمد و مالیات Code § 17053.98(a)(4)(E)
(i)Copy CA درآمد و مالیات Code § 17053.98(a)(4)(E)(i) Notwithstanding subparagraph (D), an amount equal to 10 percent of qualified wages paid for services performed relating to original photography outside of the Los Angeles zone to qualified individuals who reside in California but outside the Los Angeles zone shall be allowed as an additional credit for the production of a qualified motion picture whose applicable credit percentage is determined pursuant to subparagraph (A).
(ii)CA درآمد و مالیات Code § 17053.98(a)(4)(E)(i)(ii) Notwithstanding subparagraph (D), an amount equal to 5 percent of qualified wages paid for services performed relating to original photography outside of the Los Angeles zone to qualified individuals who reside in California but outside the Los Angeles zone shall be allowed as an additional credit for the production of a qualified motion picture whose applicable credit percentage is determined
pursuant to subparagraph (B) or (C).
(b)CA درآمد و مالیات Code § 17053.98(b) For purposes of this section:
(1)CA درآمد و مالیات Code § 17053.98(b)(1) “Ancillary product” means any article for sale to the public that contains a portion of, or any element of, the qualified motion picture.
(2)CA درآمد و مالیات Code § 17053.98(b)(2) “Budget” means an estimate of all expenses paid or incurred during the production period of a qualified motion picture. It shall be the same budget used by the qualified taxpayer and production company for all qualified motion picture purposes.
(3)CA درآمد و مالیات Code § 17053.98(b)(3) “Clip use” means a use of any portion of a motion picture, other than the qualified motion picture, used in the qualified motion picture.
(4)CA درآمد و مالیات Code § 17053.98(b)(4) “Credit certificate” means the certificate issued by the California Film Commission pursuant to subparagraph (D) of paragraph (3) of subdivision (g).
(5)Copy CA درآمد و مالیات Code § 17053.98(b)(5)
(A)Copy CA درآمد و مالیات Code § 17053.98(b)(5)(A) “Employee fringe benefits” means the amount allowable as a deduction under this part to the qualified taxpayer involved in the production of the qualified motion picture, exclusive of any amounts contributed by employees, for any year during the production period with respect to any of the following:
(i)CA درآمد و مالیات Code § 17053.98(b)(5)(A)(i) Employer contributions under any pension, profit-sharing, annuity, or similar plan.
(ii)CA درآمد و مالیات Code § 17053.98(b)(5)(A)(ii) Employer-provided coverage under any accident or health plan for employees.
(iii)CA درآمد و مالیات Code § 17053.98(b)(5)(A)(iii) The employer’s cost of life or disability insurance provided to employees.
(B)CA درآمد و مالیات Code § 17053.98(b)(5)(A)(B) Any amount treated as wages under clause (i) of subparagraph (A) of paragraph (21) shall not be taken into account under this paragraph.
(6)Copy CA درآمد و مالیات Code § 17053.98(b)(6)
(A)Copy CA درآمد و مالیات Code § 17053.98(b)(6)(A) “Independent film” means a motion picture with a minimum budget of one million dollars ($1,000,000) that is produced by a company that is not publicly traded and publicly traded companies do not own, directly or indirectly, more than 25 percent of the producing company.
(B)CA درآمد و مالیات Code § 17053.98(b)(6)(A)(B) Notwithstanding subparagraph (A), for taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k), a motion picture with a minimum
budget of one million dollars ($1,000,000) that is produced by a company that is not publicly traded and publicly traded companies do not own, directly or indirectly, more than 30 percent of the producing company.
(7)CA درآمد و مالیات Code § 17053.98(b)(7) “Jobs ratio” means the amount of qualified wages paid to qualified individuals divided by the amount of tax credit, not including any additional credit allowed pursuant to subparagraphs (D) and (E) of paragraph (4) of subdivision (a), as computed by the California Film Commission. For the purposes of the calculation of the jobs ratio only, 70 percent of qualified expenditures for visual effects paid to third-party vendors for work performed in California shall be deemed to be qualified wages paid to a qualified individual.
(8)CA درآمد و مالیات Code § 17053.98(b)(8) “Licensing” means any grant of rights
to distribute the qualified motion picture, in whole or in part.
(9)CA درآمد و مالیات Code § 17053.98(b)(9) “New use” means any use of a motion picture in a medium other than the medium for which it was initially created.
(10)CA درآمد و مالیات Code § 17053.98(b)(10) “Pilot for a new television series” means the initial episode produced for a proposed television series.
(11)Copy CA درآمد و مالیات Code § 17053.98(b)(11)
(A)Copy CA درآمد و مالیات Code § 17053.98(b)(11)(A) “Postproduction” means the final activities in a qualified motion picture’s production, including editing, foley recording, automatic dialogue replacement, sound editing, scoring, music track recording by musicians and music editing, beginning and end credits, negative cutting, negative processing and duplication, the addition of sound and visual effects, sound mixing, film-to-tape transfers, encoding, and
color correction.
(B)CA درآمد و مالیات Code § 17053.98(b)(11)(A)(B) “Postproduction” does not include the manufacture or shipping of release prints or their equivalent.
(12)CA درآمد و مالیات Code § 17053.98(b)(12) “Preproduction” means the process of preparation for actual physical production which begins after a qualified motion picture has received a firm agreement of financial commitment, or is greenlit, with, for example, the establishment of a dedicated production office, the hiring of key crew members, and includes, but is not limited to, activities that include location scouting and execution of contracts with vendors of equipment and stage space.
(13)CA درآمد و مالیات Code § 17053.98(b)(13) “Principal photography” means the phase of production during which the motion picture is actually shot, as distinguished from preproduction and
postproduction.
(14)CA درآمد و مالیات Code § 17053.98(b)(14) “Production period” means the period beginning with preproduction and ending upon completion of postproduction.
(15)CA درآمد و مالیات Code § 17053.98(b)(15) “Qualified entity” means a personal service corporation as defined in Section 269A(b)(1) of the Internal Revenue Code, a payroll services corporation, or any entity receiving qualified wages with respect to services performed by a qualified individual.
(16)CA درآمد و مالیات Code § 17053.98(b)(16) “Qualified expenditures” means amounts paid or incurred for tangible personal property purchased or leased, and used, within this state in the production of a qualified motion picture and payments, including qualified wages, for services performed within this state in the production of a qualified motion picture.
(17)Copy CA درآمد و مالیات Code § 17053.98(b)(17)
(A)Copy CA درآمد و مالیات Code § 17053.98(b)(17)(A) “Qualified individual” means any individual who performs services during the production period in an activity related to the production of a qualified motion picture.
(B)CA درآمد و مالیات Code § 17053.98(b)(17)(A)(B) “Qualified individual” shall not include either of the following:
(i)CA درآمد و مالیات Code § 17053.98(b)(17)(A)(B)(i) Any individual related to the qualified taxpayer as described in subparagraph (A), (B), or (C) of Section 51(i)(1) of the Internal Revenue Code.
(ii)CA درآمد و مالیات Code § 17053.98(b)(17)(A)(B)(ii) Any 5-percent owner, as defined in Section 416(i)(1)(B) of the Internal Revenue Code, of the qualified taxpayer.
(18)Copy CA درآمد و مالیات Code § 17053.98(b)(18)
(A)Copy CA درآمد و مالیات Code § 17053.98(b)(18)(A) “Qualified motion picture” means a motion
picture that is produced for distribution to the general public, regardless of medium, that is one of the following:
(i)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(i) A feature with a minimum production budget of one million dollars ($1,000,000).
(ii)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(ii) A miniseries consisting of two or more episodes, each longer than 40 minutes of running time, exclusive of commercials, that is produced in California, with a minimum production budget of one million dollars ($1,000,000) per episode.
(iii)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(iii) A new television series of episodes longer than 40 minutes each of running time, exclusive of commercials, that is produced in California, with a minimum production budget of one million dollars ($1,000,000) per episode.
(iv)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(iv) An independent film.
(v)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(v) A television series that relocated to California.
(vi)Copy CA درآمد و مالیات Code § 17053.98(b)(18)(A)(vi)
(I)Copy CA درآمد و مالیات Code § 17053.98(b)(18)(A)(vi)(I) A pilot for a new television series that is longer than 40 minutes of running time, exclusive of commercials, that is produced in California, and with a minimum production budget of one million dollars ($1,000,000). For purposes of the credit allowed in subdivision (k), this subclause shall only apply for taxable years beginning before January 1, 2025.
(II) For taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k), a pilot for a new live action or animated series that is at least 20 minutes of running time, exclusive of commercials, and is produced in
California with a minimum production budget of one million dollars ($1,000,000) per episode.
(vii)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(vii) For taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k), a live action or animated series, averaging across a season at least 20 minutes of running time per episode, exclusive of commercials, that is produced in California, with a minimum production budget of one million dollars ($1,000,000) per episode.
(viii)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(viii) For taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k), an animated film that is produced in California, with a minimum production budget of one million dollars ($1,000,000).
(ix)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(ix) For
taxable years beginning on or after January 1, 2025, and only for purposes of the credit allowed in subdivision (k), a large-scale competition show, not including traditional reality, game shows, talk shows, or docufollow television programming, that is produced in California, with a minimum production budget of one million dollars ($1,000,000) per episode.
(B)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(B) To qualify as a “qualified motion picture,” all of the following conditions shall be satisfied:
(i)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(B)(i) At least 75 percent of the principal photography days occur wholly in California or 75 percent of the production budget is incurred for payment for services performed within the state and the purchase or rental of property used within the state.
(ii)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(B)(ii) Production of the
qualified motion picture is completed within 30 months from the date on which the qualified taxpayer’s application is approved by the California Film Commission. For purposes of this section, a qualified motion picture is “completed” when the process of postproduction has been finished.
(iii)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(B)(iii) The copyright for the motion picture is registered with the United States Copyright Office pursuant to Title 17 of the United States Code.
(iv)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(B)(iv) Principal photography of the qualified motion picture
commences after the date on which the application is approved by the California Film Commission, but no later than 180 days after the date of that approval if the qualified motion picture has a budget with qualified expenditures of less than one hundred million dollars ($100,000,000), and no later than 240 days after the date of that approval in the case of a qualified motion picture with a budget of qualified expenditures with at least one hundred million dollars ($100,000,000), unless death, disability, or disfigurement of the director or of a principal cast member; an act of God, including, but not limited to, fire, flood, earthquake, storm, hurricane, or other natural disaster; terrorist activities; or government sanction has directly prevented a production’s ability to begin principal photography within the prescribed 180- or 240-day commencement period.
(C)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(C) For the purposes of subparagraph (A), in computing the total wages paid or incurred for the production of a qualified motion picture, all amounts paid or incurred by all persons or entities that share in the costs of the qualified motion picture shall be aggregated.
(D)CA درآمد و مالیات Code § 17053.98(b)(18)(A)(D) “Qualified motion picture” shall not include commercial advertising, music videos, a motion picture produced for private noncommercial use, such as weddings, graduations, or as part of an educational course and made by students, a news program, current events or public events program, talk show, game show, sporting event or activity, awards show, telethon or other production that solicits funds, reality television program, except as specified in clause (ix) of subparagraph (A), clip-based programming if
more than 50 percent of the content is comprised of licensed footage, documentaries, variety programs, daytime dramas, strip shows, one-half hour (air time) episodic television shows, except as specified in clause (vii) of subparagraph (A), or any production that falls within the recordkeeping requirements of Section 2257 of Title 18 of the United States Code.
(19)Copy CA درآمد و مالیات Code § 17053.98(b)(19)
(A)Copy CA درآمد و مالیات Code § 17053.98(b)(19)(A) “Qualified taxpayer” means a taxpayer, or a single member limited liability company that is disregarded for tax purposes pursuant to Section 23038, who has paid or incurred qualified expenditures, participated in the Career Readiness requirement in Section 17053.95, and has been issued a credit certificate by the California Film Commission pursuant to subdivision (g).
(B)CA درآمد و مالیات Code § 17053.98(b)(19)(A)(B) In the case of any
pass-thru entity, the determination of whether a taxpayer is a qualified taxpayer under this section shall be made at the entity level and any credit under this section is not allowed to the pass-thru entity but shall be passed through to the partners or shareholders in accordance with applicable provisions of Part 10 (commencing with Section 17001) or Part 11 (commencing with Section 23001). For purposes of this paragraph, “pass-thru entity” means any entity taxed as a partnership or “S” corporation.
(20)CA درآمد و مالیات Code § 17053.98(b)(20) “Qualified visual effects” means visual effects where at least 75 percent or a minimum of ten million dollars ($10,000,000) of the qualified expenditures for the visual effects are paid or incurred in California.
(21)Copy CA درآمد و مالیات Code § 17053.98(b)(21)
(A)Copy CA درآمد و مالیات Code § 17053.98(b)(21)(A) “Qualified wages” means all of
the following:
(i)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(i) Any wages subject to withholding under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code that were paid or incurred by any taxpayer involved in the production of a qualified motion picture with respect to a qualified individual for services performed on the qualified motion picture production within this state.
(ii)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(ii) The portion of any employee fringe benefits paid or incurred by any taxpayer involved in the production of the qualified motion picture that are properly allocable to qualified wage amounts described in clauses (i), (iii), and (iv).
(iii)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(iii) Any payments made to a qualified entity for services performed in this state by qualified individuals within the meaning of
paragraph (17).
(iv)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(iv) Remuneration paid to an independent contractor who is a qualified individual for services performed within this state by that qualified individual.
(B)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(B) “Qualified wages” shall not include any of the following:
(i)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(B)(i) Expenses, including wages, related to new use, reuse, clip use, licensing, secondary markets, or residual compensation, or the creation of any ancillary product, including, but not limited to, a soundtrack album, toy, game, trailer, or teaser.
(ii)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(B)(ii) Expenses, including wages, paid or incurred with respect to acquisition, development, turnaround, or any rights thereto.
(iii)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(B)(iii) Expenses, including wages, related to financing, overhead, marketing, promotion, or distribution of a qualified motion picture.
(iv)CA درآمد و مالیات Code § 17053.98(b)(21)(A)(B)(iv) Expenses, including wages, paid per person per qualified motion picture for writers, directors, music directors, music composers, music supervisors, producers, and performers, other than background actors with no scripted lines.
(22)CA درآمد و مالیات Code § 17053.98(b)(22) “Recurring television series” means any television series that was previously approved and issued a credit allocation letter under this section.
(23)CA درآمد و مالیات Code § 17053.98(b)(23) “Residual compensation” means supplemental compensation paid at the time that a motion picture is exhibited through new use, reuse, clip use, or in secondary markets, as distinguished from payments
made during production.
(24)CA درآمد و مالیات Code § 17053.98(b)(24) “Reuse” means any use of a qualified motion picture in the same medium for which it was created, following the initial use in that medium.
(25)CA درآمد و مالیات Code § 17053.98(b)(25) “Secondary markets” means media in which a qualified motion picture is exhibited following the initial media in which it is exhibited.
(26)CA درآمد و مالیات Code § 17053.98(b)(26) “Television series that relocated to California” means a television series, without regard to episode length or initial media exhibition, with a minimum production budget of one million dollars ($1,000,000) per episode, that filmed at least 75 percent of principal photography days in its most recent season outside of California or has filmed all seasons outside of California and for which the taxpayer
certifies that the credit provided pursuant to this section is the primary reason for relocating to California.
(27)CA درآمد و مالیات Code § 17053.98(b)(27) “Visual effects” means the creation, alteration, or enhancement of images that cannot be captured on a set or location during live action photography and therefore is accomplished in postproduction. It includes, but is not limited to, matte paintings, animation, set extensions, computer-generated objects, characters and environments, compositing (combining two or more elements in a final image), and wire removals. “Visual effects” does not include fully animated projects, whether created by traditional or digital means.
(c)Copy CA درآمد و مالیات Code § 17053.98(c)
(1)Copy CA درآمد و مالیات Code § 17053.98(c)(1) Notwithstanding any other law, a qualified taxpayer may sell any credit allowed under this section that is attributable to
an independent film, as defined in paragraph (6) of subdivision (b), to an unrelated party.
(2)CA درآمد و مالیات Code § 17053.98(c)(2) The qualified taxpayer shall report to the Franchise Tax Board prior to the sale of the credit, in the form and manner specified by the Franchise Tax Board, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the qualified taxpayer for the sale of the credit.
(3)CA درآمد و مالیات Code § 17053.98(c)(3) In the case where the credit allowed under this section exceeds the “net tax,” the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding eight taxable
years, if necessary, until the credit has been exhausted.
(4)CA درآمد و مالیات Code § 17053.98(c)(4) A credit shall not be sold pursuant to this subdivision to more than one taxpayer, nor may the credit be resold by the unrelated party to another taxpayer or other party.
(5)CA درآمد و مالیات Code § 17053.98(c)(5) A party that has acquired tax credits under this subdivision shall be subject to the requirements of this section.
(6)CA درآمد و مالیات Code § 17053.98(c)(6) In no event may a qualified taxpayer assign or sell any tax credit to the extent the tax credit allowed by this section is claimed on any tax return of the qualified taxpayer.
(7)CA درآمد و مالیات Code § 17053.98(c)(7) In the event that both the taxpayer originally allocated a credit under this section by the California Film Commission and a taxpayer
to whom the credit has been sold both claim the same amount of credit on their tax returns, the Franchise Tax Board may disallow the credit of either taxpayer, so long as the statute of limitations upon assessment remains open.
(8)CA درآمد و مالیات Code § 17053.98(c)(8) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this subdivision.
(9)CA درآمد و مالیات Code § 17053.98(c)(9) Subdivision (g) of Section 17039 shall not apply to any credit sold pursuant to this subdivision.
(10)CA درآمد و مالیات Code § 17053.98(c)(10) For purposes of this subdivision, the unrelated party or parties that purchase a credit pursuant to this subdivision shall
be
treated as a qualified taxpayer pursuant to paragraph (1) of subdivision (a).
(d)Copy CA درآمد و مالیات Code § 17053.98(d)
(1)Copy CA درآمد و مالیات Code § 17053.98(d)(1) No credit shall be allowed pursuant to this section unless the qualified taxpayer provides the following to the California Film Commission:
(A)CA درآمد و مالیات Code § 17053.98(d)(1)(A) Identification of each qualified individual.
(B)CA درآمد و مالیات Code § 17053.98(d)(1)(B) The specific start and end dates of production.
(C)CA درآمد و مالیات Code § 17053.98(d)(1)(C) The total wages paid.
(D)CA درآمد و مالیات Code § 17053.98(d)(1)(D) The total amount of qualified wages paid to qualified individuals.
(E)CA درآمد و مالیات Code § 17053.98(d)(1)(E) Aggregate data for individuals whose wages are excluded from qualified wages
by clause (iv) of subparagraph (B) of paragraph (21) of subdivision (b), including their gender, ethnic,
and racial makeup.
(F)CA درآمد و مالیات Code § 17053.98(d)(1)(F) The copyright registration number, as reflected on the certificate of registration issued under the authority of Section 410 of Title 17 of the United States Code, relating to registration of claim and issuance of certificate. The registration number shall be provided on the return claiming the credit.
(G)CA درآمد و مالیات Code § 17053.98(d)(1)(G) The total amounts paid or incurred to purchase or lease tangible personal property used in the production of a qualified motion picture.
(H)CA درآمد و مالیات Code § 17053.98(d)(1)(H) Information to substantiate its qualified expenditures.
(I)CA درآمد و مالیات Code § 17053.98(d)(1)(I) Information required by the California Film Commission under regulations promulgated pursuant to subdivision (g) necessary
to verify the amount of credit claimed.
(J)CA درآمد و مالیات Code § 17053.98(d)(1)(J) Data regarding the diversity of the workforce employed by the applicant on the qualified motion picture, as described in subdivision (g).
(K)CA درآمد و مالیات Code § 17053.98(d)(1)(K) Documentation verifying completion of the Career Readiness requirement.
(L)CA درآمد و مالیات Code § 17053.98(d)(1)(L) Documentation verifying that the qualified taxpayer paid a fee as described in subdivision (e).
(2)Copy CA درآمد و مالیات Code § 17053.98(d)(2)
(A)Copy CA درآمد و مالیات Code § 17053.98(d)(2)(A) Based on the information provided in paragraph (1), the California Film Commission shall recompute the jobs ratio previously computed in subdivision (g) and compare this recomputed jobs ratio to the jobs ratio that the qualified taxpayer previously listed on the application submitted
pursuant to subdivision (g).
(B)Copy CA درآمد و مالیات Code § 17053.98(d)(2)(A)(B)
(i)Copy CA درآمد و مالیات Code § 17053.98(d)(2)(A)(B)(i) If the California Film Commission determines that the jobs ratio has been reduced by more than 10 percent for a qualified motion picture, the California Film Commission shall reduce the amount of credit allowed by an equal percentage, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.
(ii)CA درآمد و مالیات Code § 17053.98(d)(2)(A)(B)(i)(ii) If the California Film Commission determines that the jobs ratio has been reduced by more than 20 percent for a qualified motion picture, the California Film Commission shall not accept an application described in subdivision (g) from that qualified taxpayer or any member of the qualified taxpayer’s controlled group for a period
of not less than one year from the date of that determination, unless the qualified taxpayer demonstrates, and the California Film Commission determines, that reasonable cause exists for the jobs ratio reduction.
(C)CA درآمد و مالیات Code § 17053.98(d)(2)(A)(C) For the purposes of this paragraph, “reasonable cause” means unforeseen circumstances beyond the control of the qualified taxpayer, such as, but not limited to, the cancellation of a television series prior to the completion of the scheduled number of episodes or other similar circumstances as determined by the California Film Commission in regulations to be adopted pursuant to subdivision (e).
(e)Copy CA درآمد و مالیات Code § 17053.98(e)
(1)Copy CA درآمد و مالیات Code § 17053.98(e)(1) (A) Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), the California Film Commission shall adopt rules and regulations to implement a pilot Career Pathways Training program including a fee to be paid by the qualified taxpayer, if the qualified taxpayer receives a credit under this section, to fund technical skills training to individuals from underserved communities for entry into film and television industry jobs. The California Film Commission shall (i) identify a not-for-profit fiscal agent with direct relationships to industry skills training programs to manage the funds; and (ii) engage labor-management jointly administered training programs with skills training focused on the entertainment industry to implement the program with California Film Commission approval and oversight. With regard to the Career Readiness requirement in Section 17053.95, the California Film Commission shall identify training and public
service opportunities that may include, but not be limited to, hiring interns, public service announcements, and community outreach shall continue. The California Film Commission may prescribe rules and regulations to carry out the purposes of this section, including, subparagraph (D) of paragraph (4) of subdivision (a) and clause (iv) of subparagraph (D) of paragraph (2) of subdivision (g), and including any rules and regulations necessary to establish procedures, processes, requirements, application fee structure, and rules identified in or required to implement this section, including credit and logo requirements and credit allocation procedures over multiple fiscal years where the qualified taxpayer is producing a series of features that will be filmed concurrently.
(B)CA درآمد و مالیات Code § 17053.98(e)(1)(B) Notwithstanding any other law, prior to preparing a notice of
proposed action pursuant to Section 11346.4 of the Government Code and prior to making any revision to the proposed regulation other than a change that is nonsubstantial or solely grammatical in nature, the Governor’s Office of Business and Economic Development shall first approve the proposed regulation or proposed change to a proposed regulation regarding allocating the credit pursuant to subdivision (i), computing the jobs ratio as described in subdivisions (d) and (g), and defining “reasonable cause” pursuant to subparagraph (C) of paragraph (2) of subdivision (d).
(2)Copy CA درآمد و مالیات Code § 17053.98(e)(2)
(A)Copy CA درآمد و مالیات Code § 17053.98(e)(2)(A) Implementation of this section for the 2020–21 fiscal year is deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare and, therefore, the California Film Commission is hereby authorized
to adopt emergency regulations to implement this section during the 2020–21 fiscal year in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(B)CA درآمد و مالیات Code § 17053.98(e)(2)(A)(B) Nothing in this paragraph shall be construed to require the Governor’s Office of Business and Economic Development to approve emergency regulations adopted pursuant to this paragraph.
(3)CA درآمد و مالیات Code § 17053.98(e)(3) The California Film Commission shall not be required to prepare an economic impact analysis pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) with regard to any rules and regulations adopted pursuant to this subdivision.
(f)CA درآمد و مالیات Code § 17053.98(f) If the qualified taxpayer fails to provide the copyright registration number as required in subparagraph (E) of paragraph (1) of subdivision (d), the credit shall be disallowed and assessed and collected under Section 19051 until the procedures are satisfied.
(g)CA درآمد و مالیات Code § 17053.98(g) For purposes of this section, the California Film Commission shall do the following:
(1)CA درآمد و مالیات Code § 17053.98(g)(1) Subject to the requirements of subparagraphs (A) to (E), inclusive, of paragraph (2), on or after July 1, 2020, and before July 1, 2025, in two or more allocation periods per fiscal year, allocate tax credits to applicants.
(2)Copy CA درآمد و مالیات Code § 17053.98(g)(2)
(A)Copy CA درآمد و مالیات Code § 17053.98(g)(2)(A) Establish a procedure for applicants to file with the California
Film Commission a written application, on a form jointly prescribed by the California Film Commission and the Franchise Tax Board for the allocation of the tax credit. The application shall include, but not be limited to, the following information:
(i)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(i) The budget for the motion picture production.
(ii)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(ii) The number of production days.
(iii)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(iii) A financing plan for the production.
(iv)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(iv) The diversity of the workforce employed by the applicant, including, but not limited to, the ethnic and racial makeup of the individuals employed by the applicant during the production of the qualified motion picture, to the extent possible.
(v)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(v) All members of a combined reporting group, if known at the time of the application.
(vi)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(vi) The amount of qualified wages the applicant expects to pay to qualified individuals.
(vii)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(vii) The amount of tax credit the applicant computes the qualified motion picture will receive, applying the applicable credit percentages described in paragraph (4) of subdivision (a).
(viii)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(viii) A statement establishing that the tax credit described in this section is a significant factor in the applicant’s choice of location for the qualified motion picture. The statement shall include information about whether the qualified motion picture is at risk of not being filmed or specify the jurisdiction or jurisdictions in which the qualified motion
picture will be located in the absence of the tax credit. The statement shall be signed by an officer or executive of the applicant.
(ix)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(ix) The applicant’s written policy against unlawful harassment, including, but not limited to, sexual harassment, which includes procedures for reporting and investigating harassment claims, a phone number for an individual who will be responsible for receiving harassment claims, and a statement that the company will not retaliate against an individual who reports harassment. The applicant shall also indicate how the policy will be distributed to employees and include a summary of education training resources, including the prohibition against, and prevention and correction of, sexual harassment and remedies available.
(x)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(x) The ethnic and racial
makeup and gender of individuals whose wages are excluded from qualified wages as set forth in clause (iv) of subparagraph (B) of paragraph (21) of subdivision (b).
(xi)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(xi) A summary of the applicant’s voluntary programs to increase the representation of minorities and women in the job classifications that are not included in qualified wages as set forth in clause (iv) of subparagraph (B) of paragraph (21) of subdivision (b) and information about how these programs are publicized to interested parties. The officer or executive referenced in clause (x) who is signing the statement shall provide additional information about these programs, if needed and upon request, to the California Film Commission.
(xii)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(xii) Any other information deemed relevant by the California Film
Commission or the Franchise Tax Board.
(B)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(B) Establish criteria, consistent with the requirements of this section, for allocating tax credits.
(C)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(C) Determine and designate applicants who meet the requirements of this section.
(D)Copy CA درآمد و مالیات Code § 17053.98(g)(2)(A)(D)
(i)Copy CA درآمد و مالیات Code § 17053.98(g)(2)(A)(D)(i) For purposes of allocating the credit amounts subject to the categories described in subdivision (i) in any fiscal year, the California Film Commission shall do all of the following:
(ii)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(D)(i)(ii) For each allocation date and for each category, list each applicant from highest to lowest according to the jobs ratio as computed by the California Film Commission.
(iii)CA درآمد و مالیات Code § 17053.98(g)(2)(A)(D)(i)(iii) Subject to the applicable credit percentage, allocate the credit to each applicant according to the highest jobs ratio, working down the list, until the credit amount is exhausted.
(iv)Copy CA درآمد و مالیات Code § 17053.98(g)(2)(A)(D)(i)(iv)
(I)Copy CA درآمد و مالیات Code § 17053.98(g)(2)(A)(D)(i)(iv)(I) Pursuant to regulations adopted pursuant to subdivision (e), the California Film Commission may increase the jobs ratio by up to 25 percent if a qualified motion picture increases economic activity in California according to criteria developed by the California Film Commission that would include, but not be limited to, such factors as, the amount of the production and postproduction spending in California, the utilization of scoring musicians in California, and other criteria measuring economic impact in California as determined by the California Film Commission.
(II) For qualified motion pictures that are described in subparagraph (D) of paragraph (8) of subdivision (k), the jobs ratio shall be equal to the product of the jobs ratio calculated in paragraph (7) of subdivision (b) and 133 percent.
(v)CA درآمد و مالیات Code § 17053.98(v) Notwithstanding any other law, any television series, relocating television series, or any new television series based on a pilot for a new television series that has been approved and issued a credit allocation by the California Film Commission under this section, including subdivision (k), Section 23698, including subdivision (k), or Section 17053.95, 23695, 17053.85, or 23685 shall be issued a credit for each subsequent season, for the life of that television series whenever credits are allocated within a fiscal year. For taxable years beginning before January 1, 2025, the California Film
Commission shall limit the amount of credits any recurring television series receives in a subsequent season to no more than the amount reserved in its prior fiscal year Credit Allocation Letter or Letters, or if no amounts were reserved in the prior fiscal year, the most immediate prior fiscal year in which a Credit Allocation Letter or Letters were received. For taxable years beginning on or after January 1, 2025, the California Film Commission shall limit the amount of credits any recurring television series receives in a subsequent season to no more than the recurring television allocation amount, as defined in paragraph (23) of subdivision (b) of Section 17053.98.1. In the event that insufficient tax credits are available to fund all recurring television series pursuant to this clause for any fiscal year or in the event the California Film Commission projects, in collaboration with the Department
of Finance, that there will be insufficient tax credits available to fund all recurring television series in either of the subsequent two fiscal years, the California Film Commission shall make the following adjustments in the order given until the shortfall, or any projected shortfall for the two subsequent fiscal years, for recurring television series is eliminated:
(I)CA درآمد و مالیات Code § 17053.98(v)(I) Notwithstanding clause (iii) of subparagraph (A) of paragraph (2) of subdivision (i), the California Film Commission may redirect up to 100 percent of the credit amounts allocated to the relocating television series category to recurring television series for that fiscal year until the shortfall or projected shortfall is eliminated.
(II) Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision
(i), the California Film Commission may redirect up to 100 percent of the credit amounts allocated to a new television series to recurring television series for that fiscal year until the shortfall or projected shortfall is eliminated.
(III) Notwithstanding clause (ii) of subparagraph (A) of paragraph (2) of subdivision (i), the California Film Commission may redirect up to 100 percent of the credit allocations from the features category to the recurring television series category for that fiscal year until the shortfall is eliminated.
(IV) Allocate up to 25 percent of total credit allocations that would otherwise be allocated in the 2024–25 fiscal year to recurring television series in the current fiscal year until the shortfall is eliminated. Any amounts transferred for allocation in
the current fiscal year shall be subtracted from the amount allowed to be allocated in the 2024–25 fiscal year as specified in subdivision (i). Notwithstanding paragraph (3), the credit allocations that are subtracted from 2024–25 shall not be certified until July 1, 2025, or later.
(V)CA درآمد و مالیات Code § 17053.98(v)(V) The California Film Commission shall consult with the qualified taxpayers who are producing the recurring television series for purposes of negotiating a minimally impactful reduction in the amount of credits awarded to each recurring television series for that fiscal year until the shortfall is eliminated.
(E)CA درآمد و مالیات Code § 17053.98(v)(E) Subject to the annual cap and the allocation credit amounts based on categories described in subdivision (i), allocate an aggregate amount of credits under this section and Section 23698, and
allocate any carryover of unallocated or unused credits from prior years and Sections 17053.85, 17053.95, 23685, and 23695, and the amount of any credits reduced pursuant to paragraph (2) of subdivision (d).
(3)CA درآمد و مالیات Code § 17053.98(v)(3) Certify tax credits allocated to qualified taxpayers.
(A)CA درآمد و مالیات Code § 17053.98(v)(3)(A) Establish a verification procedure to update the information in subparagraph (A) of paragraph (2) of subdivision (g), including, but not limited to, all of the following:
(i)CA درآمد و مالیات Code § 17053.98(v)(3)(A)(i) The amounts of qualified expenditures paid or incurred by the applicant.
(ii)CA درآمد و مالیات Code § 17053.98(v)(3)(A)(ii) The diversity of the workforce employed by the applicant.
(iii)CA درآمد و مالیات Code § 17053.98(v)(3)(A)(iii) The ethnic and racial
makeup and gender of individuals whose wages are excluded from qualified wages by clause (iv) of subparagraph (B) of paragraph (21) of subdivision (b).
(B)CA درآمد و مالیات Code § 17053.98(v)(3)(B) Establish audit requirements that shall be satisfied before a credit certificate may be issued by the California Film Commission.
(C)Copy CA درآمد و مالیات Code § 17053.98(v)(3)(C)
(i)Copy CA درآمد و مالیات Code § 17053.98(v)(3)(C)(i) Establish a procedure for a qualified taxpayer to report to the California Film Commission, prior to the issuance of a credit certificate, the following information:
(I)CA درآمد و مالیات Code § 17053.98(v)(3)(C)(i)(I) If readily available, a list of the states, provinces, or other jurisdictions in which any member of the applicant’s combined reporting group in the same business unit as the qualified taxpayer that, in the preceding calendar year, has produced a
qualified motion picture intended for release in the United States market. For purposes of this clause, “qualified motion picture” shall not include any episodes of a television series that were complete or in production prior to July 1, 2020.
(II) Whether a qualified motion picture described in subclause (I) was awarded any financial incentive by the state, province, or other jurisdiction that was predicated on the performance of primary principal photography or postproduction in that location.
(ii)CA درآمد و مالیات Code § 17053.98(v)(3)(C)(i)(ii) The California Film Commission may provide that the report required by this subparagraph be filed in a single report provided on a calendar year basis for those qualified taxpayers that receive multiple credit certificates in a calendar year.
(D)CA درآمد و مالیات Code § 17053.98(v)(3)(D) Issue a credit certificate to a qualified taxpayer upon completion of the qualified motion picture reflecting the credit amount allocated after qualified expenditures have been verified and the jobs ratio computed under this section. The amount of credit shown on the credit certificate shall not exceed the amount of credit allocated to that qualified taxpayer pursuant to this section.
(4)CA درآمد و مالیات Code § 17053.98(v)(4) Obtain, when possible, the following information from applicants that do not receive an allocation of credit:
(A)CA درآمد و مالیات Code § 17053.98(v)(4)(A) Whether the qualified motion picture that was the subject of the application was completed.
(B)CA درآمد و مالیات Code § 17053.98(v)(4)(B) If completed, in which state or foreign jurisdiction was the primary principal photography completed.
(C)CA درآمد و مالیات Code § 17053.98(v)(4)(C) Whether the applicant received any financial incentives from the state or foreign jurisdiction to make the qualified motion
picture in that location.
(5)CA درآمد و مالیات Code § 17053.98(v)(5) Provide the Legislative Analyst’s Office, upon request, any or all application materials or any other materials received from, or submitted by, applicants for which a credit allocation decision has been made, including, but not limited to, applicants that did not receive a credit allocation. Materials provided to the Legislative Analyst’s Office shall be in electronic format when available and include, but not be limited to, information provided pursuant to clauses (i) to (xii), inclusive, of subparagraph (A) of paragraph (2) and the diversity workplans provided pursuant to clause (iv) of subparagraph (B) of paragraph (2) of subdivision (k).
(6)CA درآمد و مالیات Code § 17053.98(v)(6) The information provided to the California Film Commission pursuant to this section shall
constitute confidential tax information for purposes of Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2.
(7)Copy CA درآمد و مالیات Code § 17053.98(v)(7)
(A)Copy CA درآمد و مالیات Code § 17053.98(v)(7)(A) Notwithstanding any other law, on or after July 1, 2025, the California Film Commission may allocate, pursuant to this section, any previously allocated credits not certified that have not previously been added to credit amounts available for allocation under this section or a successor section or sections.
(B)CA درآمد و مالیات Code § 17053.98(v)(7)(A)(B) For purposes of this section, “previously allocated credits not certified” means either:
(i)CA درآمد و مالیات Code § 17053.98(v)(7)(A)(B)(i) Credits allocated under paragraph (1) for which the qualified taxpayer to which the credit amounts were originally allocated has notified the California Film
Commission in writing that the qualified taxpayer will not request certification for the allocated credits.
(ii)CA درآمد و مالیات Code § 17053.98(v)(7)(A)(B)(ii) The difference between the amount of credits allocated under paragraph (1) to a qualified taxpayer and the amount of credits the California Film Commission certified, for that qualified taxpayer. For purposes of calculating the difference, the California Film Commission shall not consider any credit amounts for which the qualified taxpayer notifies the California Film Commission under clause (i).
(8)CA درآمد و مالیات Code § 17053.98(v)(8) Notwithstanding any other law, on or after July 1, 2025, the California Film Commission may allocate, pursuant to this section, any credit amounts described in subparagraphs (B) and (E) of paragraph (1) of subdivision (i) that have not previously been added to credit
amounts available for allocation under this section or a successor section or sections.
(9)CA درآمد و مالیات Code § 17053.98(v)(9) The California Film Commission shall submit a report to the Legislature, on an annual basis beginning January 1, 2022, on aggregate diversity information for the productions allocated tax credits allowed in this section and the diversity of the motion picture production industry in California more generally.
(h)Copy CA درآمد و مالیات Code § 17053.98(h)
(1)Copy CA درآمد و مالیات Code § 17053.98(h)(1) The California Film Commission shall annually provide the Legislative Analyst’s Office, the Franchise Tax Board, and the California Department of Tax and Fee Administration with a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the California Film Commission. The list shall include the names and taxpayer
identification numbers, including taxpayer identification numbers of each partner or shareholder, as applicable, of the qualified taxpayer.
(2)Copy CA درآمد و مالیات Code § 17053.98(h)(2)
(A)Copy CA درآمد و مالیات Code § 17053.98(h)(2)(A) Notwithstanding paragraph (6) of subdivision (g), the California Film Commission shall annually post on its internet website and make available for public release the following:
(i)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(i) A table which includes all of the following information: a list of qualified taxpayers and the tax credit amounts allocated to each qualified taxpayer by the California Film Commission, the number of production days in California the qualified taxpayer represented in its application would occur, the number of California jobs that the qualified taxpayer represented in its application would be directly created by the production, and the
total amount of qualified expenditures expected to be spent by the production.
(ii)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(ii) A narrative staff summary describing the production of the qualified taxpayer as well as background information regarding the qualified taxpayer contained in the qualified taxpayer’s application for the credit.
(iii)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(iii) For qualified taxpayers allocated a credit, the aggregate diversity information collected pursuant to clauses (iv) and (xii) of subparagraph (A) of paragraph (2) of subdivision (g) organized per production and an aggregate compilation describing the voluntary programs collected pursuant to clause (xiii) of subparagraph (A) of paragraph (2) of subdivision (g).
(B)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(B) Nothing in this subdivision shall be construed to make the information
submitted by an applicant for a tax credit under this section a public record, including for the purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(3)CA درآمد و مالیات Code § 17053.98(h)(3) The California Film Commission shall provide each city and county in California with an instructional guide that includes, but is not limited to, a review of best practices for facilitating motion picture production in local jurisdictions, resources on hosting and encouraging motion picture production, and the California Film Commission’s Model Filming Ordinance. The California Film Commission shall maintain on its internet website a list of initiatives by locality that encourage motion picture production in regions across the state. The list shall be distributed to each approved applicant for the program to
highlight local jurisdictions that offer incentives to facilitate film production.
(i)Copy CA درآمد و مالیات Code § 17053.98(h)(3)(i)
(1)Copy CA درآمد و مالیات Code § 17053.98(h)(3)(i)(1) (A) The aggregate amount of credits that may be allocated for a fiscal year pursuant to this section and Section 23698, except as provided in subdivision (k) of this section and subdivision (k) of Section 23698, is three hundred thirty million dollars ($330,000,000), plus any amount described in subparagraph (B), (C), (D), or (E) in credits for the 2020–21 fiscal year and each fiscal year thereafter, through and including the 2024–25 fiscal year, except as provided in paragraph (7) of subdivision (g), plus
the amount described in subparagraph (F) in credits for the 2021–22 and 2022–23 fiscal years.
(B)Copy CA درآمد و مالیات Code § 17053.98(h)(3)(B)
(i)Copy CA درآمد و مالیات Code § 17053.98(h)(3)(B)(i) Subject to clauses (ii) and (iii), the unused allocation credit amount, if any, for the preceding fiscal year.
(ii)CA درآمد و مالیات Code § 17053.98(h)(3)(B)(i)(ii) The amount of unused credit allocation attributable to independent films shall only be allocated according to clause (i) of subparagraph (A) of paragraph (2).
(iii)CA درآمد و مالیات Code § 17053.98(h)(3)(B)(i)(iii) The total amount of any unused credit allocation amount that is remaining shall only be allocated pursuant to clause (iv) of subparagraph (A) of paragraph (2).
(C)CA درآمد و مالیات Code § 17053.98(h)(3)(C) The amount of previously allocated credits not certified.
(D)CA درآمد و مالیات Code § 17053.98(h)(3)(D) The amount of any credits reduced pursuant to paragraph (2) of subdivision (d).
(E)CA درآمد و مالیات Code § 17053.98(h)(3)(E) That portion of any unused allocation credit amount, if any, attributable to Section 17053.85, 17053.95, 23685, or 23695 available for that fiscal year in a manner as determined by regulations promulgated by the California Film Commission.
(F)Copy CA درآمد و مالیات Code § 17053.98(h)(3)(F)
(i)Copy CA درآمد و مالیات Code § 17053.98(h)(3)(F)(i) For fiscal years 2021–22 and 2022–23, the California Film Commission shall allocate an additional fifteen million dollars ($15,000,000) in credits to be granted exclusively to television series that relocate to California.
(I)CA درآمد و مالیات Code § 17053.98(h)(3)(F)(i)(I) Notwithstanding subparagraph (A) of paragraph (2) of this subdivision and clause (v) of
subparagraph (D) of paragraph (2) of subdivision (g), the moneys allocated pursuant to this subparagraph shall not be redirected or reallocated.
(II) Notwithstanding paragraph (25) of subdivision (b), for purposes of this subparagraph, a “television series that relocated to California” means a television series, without regard to episode length or initial media exhibition, with a minimum production budget of one million dollars ($1,000,000) per episode that both filmed at least 75 percent of principal photography days for at least one episode outside of California and has not filmed more than 25 percent of principal photography days for any episode inside of California.
(ii)CA درآمد و مالیات Code § 17053.98(h)(3)(F)(i)(ii) For fiscal years 2021–22 and 2022–23, the California Film Commission shall allocate an additional
seventy-five million dollars ($75,000,000) in credits to be granted exclusively to recurring television series.
(2)Copy CA درآمد و مالیات Code § 17053.98(h)(2)
(A)Copy CA درآمد و مالیات Code § 17053.98(h)(2)(A) Notwithstanding the foregoing, and subject to paragraph (4) of this subdivision and changes in allocations pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (g), the California Film Commission shall allocate the credit amounts subject to the following categories:
(i)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(i) Independent films with qualified expenditures of ten million dollars ($10,000,000) or less shall be allocated 4.8 percent of the amount specified in paragraph (1). Independent films with qualified expenditures in excess of ten million dollars ($10,000,000) shall be allocated 3.2 percent of the amount specified in paragraph (1). These amounts shall be
in addition to any unused allocation credit amount, if any, for the preceding fiscal year as described in subparagraph (B) of paragraph (1).
(ii)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(ii) Features shall be allocated 35 percent of the amount specified in paragraph (1).
(iii)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(iii) A relocating television series shall be allocated 17 percent of the amount specified in paragraph (1).
(iv)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(iv) A new television series, pilots for a new television series, miniseries, and recurring television series shall be allocated 40 percent of the amount specified in paragraph (1), plus any unused allocation credit amount, if any, for the preceding fiscal year as described in subparagraph (B) of paragraph (1).
(B)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(B) Within any
allocation period for credits to a relocating television series, any unused amount shall be reallocated to the category described in clause (iv) of subparagraph (A) and, if any unused amount remains, reallocated in the next allocation period for credits to a relocating television series.
(C)CA درآمد و مالیات Code § 17053.98(h)(2)(A)(C) With respect to a relocating television series issued a credit in a subsequent year pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (g), that subsequent credit amount shall be allowed from the allocation amount described in clause (iv) of subparagraph (A).
(3)CA درآمد و مالیات Code § 17053.98(h)(3) Any act that reduces the amount that may be allocated pursuant to paragraph (1) constitutes a change in state taxes for the purpose of increasing revenues within the meaning of Section 3 of Article XIII A of the California Constitution and may be passed by not less than two-thirds of all Members elected to each of the two houses of the Legislature.
(4)CA درآمد و مالیات Code § 17053.98(h)(4) A qualified motion picture, as defined in subdivision (k), shall not be eligible for an allocation under subdivisions (a) to (j), inclusive, if it receives a credit under subdivision (k) during that fiscal year.
(j)CA درآمد و مالیات Code § 17053.98(j) The California Film Commission shall have the authority to allocate tax credits in accordance with this section and in accordance with any regulations prescribed pursuant to subdivision (e) upon adoption.
(k)Copy CA درآمد و مالیات Code § 17053.98(k)
(1)Copy CA درآمد و مالیات Code § 17053.98(k)(1) For taxable years beginning on or after January 1, 2022, and before January 1, 2032, there shall be
allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, subject to allocation by the California Film Commission, in an amount equal to:
(A)CA درآمد و مالیات Code § 17053.98(k)(1)(A) For credits allocated before July 1, 2025, 20 percent or 25 percent, whichever is the applicable credit percentage described in paragraph (4) of subdivision (a), as modified by paragraph (3) of this subdivision, of the qualified expenditures for the production of a qualified motion picture produced in the state at a certified studio construction project.
(B)CA درآمد و مالیات Code § 17053.98(k)(1)(B) For credits allocated on or after July 1, 2025, 35 percent or 40 percent, whichever is the applicable credit percentage described in paragraph (4) of subdivision (a) of Section 17053.98.1, as modified by paragraph (3) of this subdivision, of the qualified expenditures
for the production of a qualified motion picture produced in the state at a certified studio construction project.
(2)CA درآمد و مالیات Code § 17053.98(k)(2) For purposes of this subdivision, the definitions in subdivision (b) shall apply except as otherwise provided in this subdivision.
(A)CA درآمد و مالیات Code § 17053.98(k)(2)(A) “Certified studio construction project” means a construction or renovation project certified for a period of five years by the California Film Commission as having met all of the following criteria:
(i)CA درآمد و مالیات Code § 17053.98(k)(2)(A)(i) The project provides for the construction or renovation of one or more soundstages located in the state.
(ii)CA درآمد و مالیات Code § 17053.98(k)(2)(A)(ii) Actual construction or renovation expenditures are not less than twenty-five million dollars
($25,000,000) of actual construction or renovation expenditures made over not more than five continuous calendar years.
(iii)CA درآمد و مالیات Code § 17053.98(k)(2)(A)(iii) The construction or renovation of each certified studio construction project is performed in accordance with Section 17053.99.
(iv)CA درآمد و مالیات Code § 17053.98(k)(2)(A)(iv) The construction or renovation of each certified studio construction project commences pursuant to a foundation permit or a structural building permit for the construction or renovation that is issued after the effective date of the act adopting this subdivision.
(v)CA درآمد و مالیات Code § 17053.98(k)(2)(A)(v) The certified studio construction project applicant or its affiliates shall not have received a California Competes Grant under Section 12096.6 of the Government Code for wages or investment
related to construction of the studio construction project.
(B)CA درآمد و مالیات Code § 17053.98(k)(2)(B) “Qualified motion picture” means a qualified motion picture, as defined in subdivision (b), that meets all of the following requirements:
(i)CA درآمد و مالیات Code § 17053.98(k)(2)(B)(i) During the production period, the qualified motion picture films at least 50 percent of its principal photography stage shooting days on a soundstage or soundstages certified as a certified studio construction project.
(ii)CA درآمد و مالیات Code § 17053.98(k)(2)(B)(ii) During the production period, the qualified motion picture pays or incurs at least five million dollars ($5,000,000) in qualified wages for filming on a soundstage or soundstages certified as a certified studio construction project.
(iii)CA درآمد و مالیات Code § 17053.98(k)(2)(B)(iii) For taxable years beginning before January 1, 2025, is produced by a qualified taxpayer that is either of the following:
(I)CA درآمد و مالیات Code § 17053.98(k)(2)(B)(iii)(I) More than 50 percent owned, directly or indirectly, by the same owner or owners of the soundstage or soundstages that is part of a certified studio construction project on which the production is filmed.
(II) Entered into a contract or lease of 10 years or more with the owner or owners of a certified studio construction project on which the production is filmed.
(iv)CA درآمد و مالیات Code § 17053.98(k)(2)(B)(iv) Provides a diversity workplan that is approved by the California Film Commission.
(C)CA درآمد و مالیات Code § 17053.98(k)(2)(C) For purposes of this subdivision, a qualified taxpayer and a taxpayer
include a passthrough entity and a disregarded entity.
(3)Copy CA درآمد و مالیات Code § 17053.98(k)(3)
(A)Copy CA درآمد و مالیات Code § 17053.98(k)(3)(A) The diversity workplan required pursuant to clause (iv) of subparagraph (B) of paragraph (2) shall include all of the following:
(i)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(i) A statement of the diversity goals the motion picture will seek to achieve in terms of qualified wages paid by race, ethnicity, gender, disability status, and for taxable years beginning on or after January 1, 2025, veteran status.
(ii)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(ii) A statement of the diversity goals the motion picture will seek to achieve for individuals whose wages are excluded from qualified wages as set forth in clause (iv) of subparagraph (B) of paragraph (21) of subdivision (b), with respect to both compensation and to the
representation of diversity in the creative aspects of the motion picture.
(iii)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(iii) A plan of what strategies the motion picture will employ to achieve the goals in clauses (i) and (ii).
(B)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(B) The diversity workplan shall include goals that are broadly reflective of California’s population, in terms of race, ethnicity, gender, disability status, and for taxable years beginning on or after January 1, 2025, veteran status. For taxable years beginning on or after January 1, 2025, the diversity workplan shall indicate the ZIP Code for those members of the workforce whose wages are qualified expenditures and those whose wages are not qualified expenditures.
(C)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(C) The California Film Commission shall approve or reject the diversity
workplan of an applicant, to the extent allowed by federal and state law.
(D)Copy CA درآمد و مالیات Code § 17053.98(k)(3)(A)(D)
(i)Copy CA درآمد و مالیات Code § 17053.98(k)(3)(A)(D)(i) The California Film Commission shall not certify any tax credit under this subdivision until they have received a final diversity report from the qualified motion picture applicant.
(ii)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(D)(i)(ii) The final diversity report shall calculate and provide evidence for the extent to which the applicant met the diversity goals laid out in their diversity workplan.
(iii)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(D)(i)(iii) The California Film Commission shall have the authority to audit the final diversity report to determine if the diversity goals set forth in the applicant’s diversity workplan for the motion picture production were achieved.
(iv)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(D)(i)(iv) If the California Film Commission determines that the qualified motion picture applicant has met or made a good faith effort to meet the diversity goals in its diversity workplan, the applicant’s credit percentage described in paragraph (1) shall be increased by up to four percentage points as follows:
(I)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(D)(i)(iv)(I) By two percentage points if the California Film Commission determines that the applicant has met or made a good faith effort to meet the diversity goals with respect to the diversity of the workforce employed by the applicant in its diversity workplan statement.
(II) By two percentage points if the California Film Commission determines that the applicant has met or made a good faith effort to meet the diversity goals with respect to individuals whose wages are
excluded from qualified wages as set forth in clause (iv) of subparagraph (B) of paragraph (21) of subdivision (b), in its diversity workplan statement.
(E)CA درآمد و مالیات Code § 17053.98(k)(3)(A)(E) The California Film Commission, in consultation with the Governor’s Office of Business and Economic Development, shall establish guidelines to evaluate diversity workplans as described in this paragraph. The guidelines shall be posted on the California Film Commission’s internet website.
(4)CA درآمد و مالیات Code § 17053.98(k)(4) The credit allowed under this subdivision shall be administered in accordance with subdivisions (a), (b), (c), (d), (h), and (l), except that paragraph (1) of subdivision (a) shall not apply, paragraph (7) of subdivision (b) shall not apply, and paragraph (2) of subdivision (d) shall not apply.
(5)CA درآمد و مالیات Code § 17053.98(k)(5) Subparagraph (A) of paragraph (2), subparagraphs (A), (B), and (C) of paragraph (3), and paragraphs (4), (5), and (6) of subdivision (g) shall apply.
(6)CA درآمد و مالیات Code § 17053.98(k)(6) A conflict between this subdivision and any other subdivisions in this section shall be reconciled in favor of this subdivision.
(7)CA درآمد و مالیات Code § 17053.98(k)(7) The aggregate amount of credit allocated by the California Film Commission pursuant to subdivisions (a) to (j), inclusive, of this section and Section 23698 shall not be reduced by the tax credit allowed pursuant to this subdivision. The amount of credit allowed by this subdivision shall not be limited by subdivision (i).
(8)Copy CA درآمد و مالیات Code § 17053.98(k)(8)
(A)Copy CA درآمد و مالیات Code § 17053.98(k)(8)(A) The credit allocated pursuant to this subdivision shall be allowed for the
taxable year in which the California Film Commission issues a credit certificate in accordance with the procedures provided for in subdivision (g) for the qualified motion picture. The California Film Commission shall issue a credit certificate to a qualified taxpayer upon completion of the qualified motion picture reflecting the credit amount allocated after qualified expenditures have been verified.
(B)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(B) The California Film Commission, commencing with fiscal year 2021–22, shall allocate tax credits each year to qualified motion pictures meeting the criteria of this subdivision. The total amount of credits that may be allocated under this subdivision is one hundred fifty million dollars ($150,000,000). For taxable years beginning before January 1, 2025, the amount of credit that may be allocated to a qualified motion picture under this
subdivision shall not exceed the greater of twelve million dollars ($12,000,000), or seven hundred fifty thousand dollars ($750,000) per episode, for a season of a television series. For taxable years beginning on or after January 1, 2025, the amount of credit that may be allocated to a qualified motion picture under this subdivision shall not exceed the greater of twenty-one million dollars ($21,000,000), or one million three hundred thousand dollars ($1,300,000) per episode, for a season of a television series. Recurring television series receiving an initial allocation under this subdivision shall be allocated for subsequent seasons no more than allowed under this paragraph.
(C)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(C) In any year the tax credits under this paragraph have been allocated by the California Film Commission, a qualified motion picture or a recurring television
series that satisfies the criteria of this subdivision, but have not received an allocation of credits, may apply to receive an allocation of credits pursuant to subdivision (i).
(D)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(D) A qualified motion picture that satisfies the criteria of this subdivision, other than a recurring television series described in subparagraph (E) of this paragraph, that does not receive a credit allocation under this subdivision because the total amount of credits authorized for the program in subparagraph (B) has been allocated or the qualified motion picture commenced production during the sixth year the certified studio construction project has been certified by the California Film Commission, or any year thereafter, may apply for a credit allocation under subdivisions (a) through (j), inclusive, subject to the jobs ratio enhancement in subclause (II) of
clause (iv) of subparagraph (D) of paragraph (2) of subdivision (g).
(E)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(E) A recurring television series that satisfies the criteria of this subdivision and that is no longer eligible for a credit allocation under this subdivision for a reason described in subparagraph (D) shall receive a credit allocation under subdivisions (a) through (j), inclusive, pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (g).
(F)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(F) Credits shall be allocated based on the assumption that the motion picture meets the diversity criteria specified in clause (iv) of subparagraph (D) of paragraph (3).
(G)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(G) If any successor tax credit program that modifies or replaces the program specified in subdivisions (a) through (j),
inclusive, of this section or Section 23698 is enacted, both of the following shall
apply:
(i)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(G)(i) A qualified motion picture described in subparagraph (D) may apply to receive an allocation of credits under the successor program.
(ii)CA درآمد و مالیات Code § 17053.98(k)(8)(A)(G)(ii) A recurring television series described in subparagraph (E) shall receive an allocation of credits under the successor program.
(9)CA درآمد و مالیات Code § 17053.98(k)(9) A qualified motion picture meeting the requirements of this subdivision that receives a credit allocation during the five-year period the certified studio construction project is certified by the California Film Commission shall be allowed a credit under this subdivision for subsequent seasons for the life of that recurring television series as long as the qualified motion picture continues to satisfy the criteria of this
subdivision and to the extent the total credit amount the California Film Commission is permitted to allocate pursuant to subparagraph (B) of paragraph (8) has not previously been allocated.
(10)CA درآمد و مالیات Code § 17053.98(k)(10) Within six months of the effective date of this subdivision, the California Film Commission shall:
(A)CA درآمد و مالیات Code § 17053.98(k)(10)(A) Establish procedures to certify a certified studio construction project.
(B)CA درآمد و مالیات Code § 17053.98(k)(10)(B) Establish procedures to verify a qualified motion picture has met the criteria established in this section for filming in a certified studio construction project facility. That procedure shall include a requirement that the qualified motion picture pay 0.5 percent of the approved credit amount to the Career Pathways Training program specified in
subdivision (e).
(C)Copy CA درآمد و مالیات Code § 17053.98(k)(10)(C)
(i)Copy CA درآمد و مالیات Code § 17053.98(k)(10)(C)(i) Implementation of this subdivision for the 2023–24 fiscal year is deemed an emergency and necessary for the
immediate preservation of the public peace, health, and safety, or general welfare and, therefore, the California Film Commission is hereby authorized to adopt emergency regulations to implement this subdivision during the 2023–24 fiscal year in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(ii)CA درآمد و مالیات Code § 17053.98(k)(10)(C)(i)(ii) The California Film Commission shall adopt regulations in order to implement this paragraph.
(iii)CA درآمد و مالیات Code § 17053.98(k)(10)(C)(i)(iii) The California Film Commission shall not be required to prepare an economic impact analysis pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) with regard to any rules and regulations adopted pursuant to this subdivision.
(11)CA درآمد و مالیات Code § 17053.98(k)(11) In the case where the credit allowed by this subdivision exceeds the taxpayer’s tax liability computed under this part, the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding eight taxable years, if necessary, until the credit has been exhausted.
(12)CA درآمد و مالیات Code § 17053.98(k)(12) Upon completion of construction or renovation of the soundstage or soundstages, the certified studio construction project applicant shall certify to the California Film Commission that all contractors and subcontractors performing construction work on the soundstage or soundstages were required to use a skilled and trained workforce to perform such work in accordance with subdivision (b) of Section
17053.99.
(13)Copy CA درآمد و مالیات Code § 17053.98(k)(13)
(A)Copy CA درآمد و مالیات Code § 17053.98(k)(13)(A) Upon completion of construction or renovation of the soundstage or soundstages, the soundstage or soundstages shall be continuously operated, maintained, and repaired by any of the following:
(i)CA درآمد و مالیات Code § 17053.98(k)(13)(A)(i) A workforce that is paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, if such services are performed by a workforce that is employed directly, or indirectly through a motion picture payroll services company, by the owner or affiliate of the owner of the soundstage or lessee of the soundstage described in subclause (II) of clause (iii) of subparagraph (B) of paragraph (2) of this
subdivision.
(ii)CA درآمد و مالیات Code § 17053.98(k)(13)(A)(ii) A skilled and trained workforce as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code, if such services are provided by third-party vendors.
(B)CA درآمد و مالیات Code § 17053.98(k)(13)(A)(B) Each year following completion of construction or renovation of the soundstage or soundstages that a qualified motion picture is allocated a tax credit pursuant to this subdivision, the certified studio construction project applicant shall certify to the California Film Commission both of the following:
(i)CA درآمد و مالیات Code § 17053.98(k)(13)(A)(B)(i) The total amount of payments to third-party vendors or qualified wages for operation, maintenance, and repair of the certified soundstage.
(ii)CA درآمد و مالیات Code § 17053.98(k)(13)(A)(B)(ii) The amount and percentage of the total amount of payments to third-party vendors or qualified wages for operation, maintenance, and repair of the certified soundstage performed by each workforce described in subparagraph (A).
(C)CA درآمد و مالیات Code § 17053.98(k)(13)(A)(C) If the percentage paid to workers in clause (i) of subparagraph (A) is certified to be 90 percent of the total amount under clause (i) of subparagraph (B) or greater, the qualified taxpayer shall be entitled to 100 percent of the applicable credit issued under this subdivision for the period. If the percentage paid to workers in clause (i) of subparagraph (A) is certified to be less than 90 percent of the total amount under clause (i) of subparagraph (B) but greater than or equal to 75 percent of the total amount under clause (i) of subparagraph (B), the qualified taxpayer shall be entitled to 50 percent of
the applicable credit issued under this subdivision for the period. If the percentage paid to workers in clause (i) of subparagraph (A) is certified to be less than 75 percent of the total amount under clause (i) of subparagraph (B), the qualified taxpayer shall not be entitled to any credit issued under this subdivision for the applicable period.
(14)Copy CA درآمد و مالیات Code § 17053.98(k)(14)
(A)Copy CA درآمد و مالیات Code § 17053.98(k)(14)(A) Except as provided in subparagraph (B), the changes made to this subdivision by the act adding this paragraph shall apply to taxable years beginning on or after January 1, 2023.
(B)CA درآمد و مالیات Code § 17053.98(k)(14)(A)(B) The changes made to subparagraphs (A) and (B) of paragraph (2) by the act adding this paragraph shall apply for all taxable years to any certified studio construction project that has been certified, and any qualified motion picture
that has been allocated a credit, pursuant to this subdivision.
(l)CA درآمد و مالیات Code § 17053.98(l) Section 41 shall not apply to the credits allowed by this section.
