State of Washington
64th Legislature
2015 Regular Session
By Senators Kohl-Welles, Fain, Billig, and Benton
Read first time 02/18/15. Referred to Committee on Ways & Means.
AN ACT Relating to increasing Washington state's motion picture and film industry viability by increasing the tax credit available to certain motion picture activities; amending RCW 82.04.4489; and creating a new section.
NEW SECTION.  Sec. 1.  This section is the tax preference performance statement for the tax preference contained in section 2 of this act. This performance statement is only intended to be used for subsequent evaluation of the tax preference. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
(1) The legislature categorizes this tax preference as one intended to create or retain jobs as indicated in RCW 82.32.808(2)(b).
(2) It is the legislature's specific public policy objective to increase the viability of the motion picture and film industry in Washington state. It is the legislature's intent to increase the credit available to qualifying activities in order to attract additional motion picture and film projects, thereby increasing family-wage jobs.
(3) If a review finds that the jobs attributable to these projects increase by at least ten percent over the jobs in the state since 2015 then the legislature intends to extend the expiration date of the tax preference.
(4) In order to obtain the data necessary to perform the review in subsection (3) of this section, the joint legislative audit and review committee may refer to data provided to the department of revenue pursuant to RCW 82.04.4489(9) and the annual survey required under RCW 43.365.040.
Sec. 2.  RCW 82.04.4489 and 2012 c 189 s 4 are each amended to read as follows:
(1) Subject to the limitations in this section, a credit is allowed against the tax imposed under this chapter for contributions made by a person to a Washington motion picture competitiveness program.
(2) The person must make the contribution before claiming a credit authorized under this section. Credits earned under this section may be claimed against taxes due for the calendar year in which the contribution is made. The amount of credit claimed for a reporting period may not exceed the tax otherwise due under this chapter for that reporting period. No person may claim more than one million dollars of credit in any calendar year, including credit carried over from a previous calendar year. No refunds may be granted for any unused credits.
(3) The maximum credit that may be earned for each calendar year under this section for a person is limited to the lesser of one million dollars or an amount equal to one hundred percent of the contributions made by the person to a program during the calendar year.
(4) Except as provided under subsection (5) of this section, a tax credit claimed under this section may not be carried over to another year.
(5) Any amount of tax credit otherwise allowable under this section not claimed by the person in any calendar year may be carried over and claimed against the person's tax liability for the next succeeding calendar year. Any credit remaining unused in the next succeeding calendar year may be carried forward and claimed against the person's tax liability for the second succeeding calendar year; and any credit not used in that second succeeding calendar year may be carried over and claimed against the person's tax liability for the third succeeding calendar year, but may not be carried over for any calendar year thereafter.
(6)(a) Credits are available on a first in-time basis. Until January 1, 2016, the department must disallow any credits, or portion thereof, that would cause the total amount of credits claimed under this section during any calendar year to exceed three million five hundred thousand dollars. Beginning January 1, 2016, the total amount of credits claimed under this section during a calendar year is as follows:
(i) For calendar year 2016, credits may not exceed five million two hundred fifty thousand dollars;
(ii) For calendar year 2017, credits may not exceed seven million dollars;
(iii) For calendar year 2018, credits may not exceed eight million five hundred thousand dollars; and
(iv) For calendar year 2019 and subsequent years, credits may not exceed ten million dollars.
(b) If ((this limitation is)) the limitations under this section are reached, the department must notify all Washington motion picture competitiveness programs that the annual statewide limit has been met. In addition, the department must provide written notice to any person who has claimed tax credits in excess of the limitations in this subsection. The notice must indicate the amount of tax due and provide that the tax be paid within thirty days from the date of the notice. The department may not assess penalties and interest as provided in chapter 82.32 RCW on the amount due in the initial notice if the amount due is paid by the due date specified in the notice, or any extension thereof.
(7) To claim a credit under this section, a person must electronically file with the department all returns, forms, and any other information required by the department, in an electronic format as provided or approved by the department. Any return, form, or information required to be filed in an electronic format under this section is not filed until received by the department in an electronic format. As used in this subsection, "returns" has the same meaning as "return" in RCW 82.32.050.
(8) No application is necessary for the tax credit. The person must keep records necessary for the department to verify eligibility under this section.
(9) A Washington motion picture competitiveness program must provide to the department, upon request, such information needed to verify eligibility for credit under this section, including information regarding contributions received by the program.
(10) The department may not allow any credit under this section before July 1, 2006.
(11) For the purposes of this section, "Washington motion picture competitiveness program" or "program" means an organization established pursuant to chapter 43.365 RCW.
(12) No credit may be earned for contributions made on or after ((July 1, 2017)) December 31, 2022.
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