Producing : Discussion About the Film Finance Incentive Section 168 k by Brandon Blake

Brandon Blake

Discussion About the Film Finance Incentive Section 168 k

I wanted to start a discussion about the feature film goldrush shaping up for this summer, based on the theaters opening in conjunction with the Section 168 k deduction for film and television projects. I published a FAQ with everything producers need to know to cash in on the new 100% tax incentive:

https://www.filmtvlaw.com/blog/2021/3/1/film-financing-with-the-section-168-k-deduction

Erik A. Jacobson

Thanks so much for giving us this summary of Section 168 k. It is greatly appreciated.

Shadow Dragu-Mihai, Esq., Ipg

Brandon Blake I highly doubt there is going to be a theatrical rush. Maybe, but mainstream has already proven they don't need theatrical and so why use it (apart from the obvious market control it gives them, which they seem to have been maneuvering to move on from before covid). But of course, this does not change the current situation, as it has been the case for several years - the section having been due to expire Dec 31 2020. Fortunately, it was renewed (I preserved my latest feature by shooting a full day in December, so as to be grandfathered into the tax election, even if it had not been extended). I believe that the relaxation of covid procedures may lead to higher production, and the return of theatrical even on the smaller scale I think it will be is part of that. (Theatrical has always been a major studio game, not an independent game anywa) But the union covid procedures make it prohibitively expensive for independent producers. So many of us are putting off production til at least spring and then will opt for non-union if those procedures do not go away.

Bill Peterson

Great info.......... Thanks, Brandon!

Brandon Blake

If you look at the box office success in China right now I think we are going to see something similar happening this summer. China recovered from COVID first, and aggressively got people back into the theaters. It might take a little longer here, but teens and young adults still want to go do something and movies are a relatively cheap night out. Here's hoping at least! - Brandon Blake, Entertainment Attorney

Shadow Dragu-Mihai, Esq., Ipg

Brandon Blake China has not recovered from covid. Taiwan may have.

Doug Nelson

I kinda doubt there will be some mad theatrical rush this summer taking into account the lead time from script to screen.

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