Bill to Protect California Production Incentive From Annual Tax Credit Cap Passes State Legislature

The California state legislature has approved a bill, AB/SB 186, to protect the state's production incentive program from an annual tax credit cap imposed by a recent business tax credit law. The bill now awaits Governor Gavin Newsom's signature. The cap, set by SB 122, limits the amount of tax credits a business can receive to $5 million or 70% of its total liability, whichever is higher, per year.

Entertainment industry advocates, including the Entertainment Union Coalition and the Motion Picture Association, have expressed concern that the cap could delay the receipt of tax credits for major productions and make it harder for independent productions to sell their credits to investors. The legislation provides exemptions for independent productions, while major studio productions will receive accelerated payouts for taking cash refunds instead of credits towards their tax liability.

The bill also expands the carry-forward provisions for tax credits earned under earlier versions of the program from ten to fifteen years. Entertainment industry leaders, including the Entertainment Union Coalition, thanked Assemblymember Rick Zbur and Senator Ben Allen for their leadership in the negotiations and expressed gratitude towards the industry members who submitted 450,000 letters to the legislature highlighting the negative impact of the tax credit cap.