PRINTER'S NO. 126
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
217
Session of
2015
INTRODUCED BY FONTANA, BREWSTER, COSTA, BOSCOLA, SMITH, FARNESE,
HUGHES AND LEACH, JANUARY 15, 2015
REFERRED TO FINANCE, JANUARY 15, 2015
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in film production tax credit, further providing
for limitations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1707-D(b) of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971, amended
July 2, 2012 (P.L.751, No.85), is amended to read:
Section 1707-D. Limitations.
* * *
(b) Individual limitations.--The following shall apply:
(1) Except as set forth in paragraph (1.1), the
aggregate amount of film production tax credits awarded by
the department under section 1703-D(d) to a taxpayer for a
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film may not exceed 25% of the qualified film production
expenses to be incurred.
(1.1) In addition to the tax credit under paragraph (1),
a taxpayer is eligible for a credit in the amount of 5% of
the qualified film production expenses incurred by the
taxpayer if the taxpayer:
(i) films a feature film, television film or
television series, which is intended as programming for a
national audience; and
(ii) films in a qualified production facility which
meets the minimum stage filming requirements.
(2) A taxpayer that has received a grant under 12
Pa.C.S. ยง 4106 (relating to approval) shall not be eligible
for a film production tax credit under this act for the same
film.
(3) In addition to the other limitations provided under
this subsection, a taxpayer that uses a qualified production
facility that satisfies the criteria under subsection (c) for
the production of a television series that is intended as
programming for a national audience and whose primary purpose
is the sale of commercial goods is subject to the following:
(i) The taxpayer is eligible for an individual tax
credit not to exceed of 1.5% of the maximum tax credit
provided under this article.
(ii) The taxpayer is not eligible for a tax credit
under this article if the taxpayer received a tax credit
under this article in at least three of the preceding
five years.
(iii) The taxpayer is not eligible for a tax credit
under this article if the taxpayer is domiciled in this
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Commonwealth and incurred expenses in the production of
the following:
(A) A television commercial.
(B) Employee community programs.
(C) Public service announcements or programs.
* * *
Section 2. This act shall take effect in 60 days.
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