NEGOTIATING FILM INCENTIVE TAX CREDITS FOR MAJOR MOTION PICTURES

In New Jersey, New York, Pennsylvania And Texas.

The legal aspects of determining the location to produce a major motion picture should take into account state and local film incentive tax credits.

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Publications & Presentations

[Please note that the Nissenbaum Law Group does not serve as an entertainment agency, nor does it shop its clients for production or distribution deals.]

It is essential that the location for the production of a major motion picture take into account film incentive tax credits by state. Those tax credits vary from state to state and sometimes in various localities within a particular state. The tax savings is generally premised upon spending a threshold amount in the state or locality. But once this and other conditions are satisfied, the savings to the film project can be immense.

The following are examples of the tax credit incentives for New Jersey, New York, Pennsylvania and Texas, each of which is an office location of the Nissenbaum Law Group:

The New Jersey Department of State NJ Motion Picture & Television Commission provides both a tax credit and a diversity bonus. The credit is generally computed against the state franchise taxes imposed.
The New York Office of Motion Picture and Television Development Tax Credit Program provides a tax credit on “qualified production costs and post-production costs incurred in New York State.” There is an additional credit for “qualified labor expenses.”
The Pennsylvania Film Office administers a Film Production Tax Credit which is a percentage of the picture’s Qualified Pennsylvania Production, with an additional credit for films that “meet the minimum state filming requirements at a Qualified Production Facility.”
The Texas Film Commission provides a variety of tax and other incentives, including grants, sales and use tax exemptions for utilizing a media production development zone, sales tax exemptions and refunds.

There are also two additional aspects of these sorts of film tax credits that are not widely known. First, given the timing of the film’s revenue and the tax against which the incentive is calculated, it can be many years before the credits can be applied. Second, some tax credits are sold on the open market. These two items are linked, insofar as selling them on the open market may allow the credits to generate revenue (presumably at a discount) well before they would otherwise be available if they had not been sold.

The Nissenbaum Law Group welcomes inquiries from clients involved in any aspect of major motion picture production, including film studios, producers, directors, performers, talent agents, distributors, financers, publicists, cinematographers, soundtrack composers and engineers. The firm not only practices entertainment law from its offices in New York, New York; Philadelphia, Pennsylvania; Dallas, Texas; and Union, New Jersey, but also handles matters in other states in accordance with the local multi-jurisdictional rules.

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PUBLICATIONS & PRESENTATIONS

Gary D. Nissenbaum, Esq.

Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
Profiled in: Gary D. Nissenbaum: Ace Gaming Attorney, by David Radd, Gamesauce, September 10, 2016
The Increasing Pace of Digital Change: Why Does Our Culture Always Seem so Blindsided?, Huffington Post, August 4, 2016
The Intriguing Legal Ramifications of Pokémon GO, BrettTerpstra.com, July 25, 2016
Potential Legal Approaches to a Cyberbullying (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
Receiving Classified Information: Government Secrecy and the Litigation Process(Co-author), NJ Lawyer Magazine, October 2009
Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
3/1/18 Interview of Mr. Nissenbaum, Systematic, “The Psychodynamics of Lawyering with Gary Nissenbaum”
1/22/18 Interview of Mr. Nissenbaum, Game Dev Unchained, “The Indie Legal Guide With Gary Nissenbaum”
11/21/17 Interview of Mr. Nissenbaum, Gamesindustry.biz Podcasts, “Licensing Your Intellectual Property”
11/3/17 Interview of Mr. Nissenbaum, Developer Tea Podcast, “The Future (and Past) of Legal for Developers w/Gary Nissenbaum (part 1)”
11/3/17 Interview of Mr. Nissenbaum, Developer Tea Podcast, “The Future (and Past) of Legal for Developers w/Gary Nissenbaum (part 2)”
10/19/17 Interview of Mr. Nissenbaum, Complete Developer Podcast, “Developers and the Law”
10/13/17 Interview of Mr. Nissenbaum, Hansel Minutes Podcast, “Latest Developments in App and Website Law Regarding Clickable Terms and Conditions”

Laura J. Magedoff, Esq.

Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
Potential Legal Approaches to a Cyberbullying Case (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
New York County Lawyer’s Association, EMIPS Committee Comments to New York State Bar Association Report of the Privacy Task Force, Contributing Author, March 2009
Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
Panelist, Intellectual Property Protection & Enforcement, New Jersey Bar Association Annual Conference, Atlantic City, NJ, May 2017
Panelist, Empower – I Create Nothing. I Own it: A Panel about Establishing and Protecting your Intellectual Property as a Business Asset, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
Moderator, Engage – The most Powerful Commodity I know is Information, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
Panelist, Casino Law 2010: Game On!, 2010 South CLEFest, Atlantic City, NJ, August 2010
Presented Seminar, Protecting Your Online Image, Various 2009-Present

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