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H0497aaS............................................by REVENUE AND TAXATION SALES TAX REBATE - Adds to existing law to provide a sales and use tax rebate for the sales or use of tangible personal property used directly by a media production company in a media production project; to provide procedures; to define terms; to provide qualification requirements; and to provide for recapture. 01/27 House intro - 1st rdg - to printing 01/30 Rpt prt - to Rev/Tax 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 68-1-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Cannon Absent and excused -- Lake Floor Sponsor - Kemp Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Loc Gov 03/03 Rpt out - to 14th Ord 03/08 Rpt out amen - to 1st rdg as amen 03/09 1st rdg - to 2nd rdg as amen 03/10 2nd rdg - to 3rd rdg as amen 03/14 3rd rdg as amen - PASSED - 21-10-4 AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Corder, Darrington, Fulcher, Goedde, Kelly, Keough, Langhorst, Lodge, Malepeai, Marley, McGee, Richardson, Schroeder, Stennett, Sweet, Werk NAYS -- Coiner, Compton, Gannon, Hill, Jorgenson, Little, McKenzie, Pearce, Stegner, Williams Absent and excused -- Brandt, Burtenshaw, Davis, Geddes Floor Sponsors - Langhorst, Corder & Bunderson Title apvd - to House 03/15 House concurred in Senate amens - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 2nd rdg - to 3rd rdg as amen 03/22 3rd rdg as amen - PASSED - 65-4-1 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett, Cannon, Harwood, Mitchell Absent and excused -- Nonini Floor Sponsor - Kemp Title apvd - to enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/30 Governor signed Session Law Chapter 219 Effective: 07/01/06; 07/01/11 Sunset Clause
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 497 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE SALES AND USE TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 63-3622TT, IDAHO CODE, TO PROVIDE A SALES 4 AND USE TAX REBATE FOR THE SALES OR USE OF TANGIBLE PERSONAL PROPERTY USED 5 DIRECTLY BY A MEDIA PRODUCTION COMPANY IN MEDIA PRODUCTION, TO PROVIDE 6 PROCEDURES, TO DEFINE TERMS, TO PROVIDE QUALIFICATION REQUIREMENTS AND TO 7 PROVIDE FOR RECAPTURE; AND PROVIDING A SUNSET DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 36, Title 63, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 63-3622TT, Idaho Code, and to read as follows: 12 63-3622TT. MEDIA PRODUCTION TAX REBATE. (1) An eligible media production 13 company which purchases tangible personal property used directly in a media 14 production and which makes qualifying media production expenditures may 15 qualify for a rebate of sales or use taxes paid on such purchases if the pur- 16 chaser develops, with such tangible personal property or qualifying media pro- 17 duction expenditures in Idaho, the production in Idaho of a media production 18 and if the purchase or use of such tangible personal property is subject to 19 the sales and use tax. To be eligible for the rebate pursuant to this section, 20 a media production company shall submit to the department of commerce and 21 labor information required by the director of the department of commerce and 22 labor to demonstrate conformity with the requirements of this section and 23 shall have expended or will expend a minimum of two hundred thousand dollars 24 ($200,000) on qualifying media production expenses in Idaho within a consecu- 25 tive thirty-six (36) month period. Application for the rebate shall be made 26 within thirty-six (36) months of the expenditure qualifying for the rebate. 27 The department of commerce and labor shall determine eligibility of the com- 28 pany and shall report this information to the state tax commission in a manner 29 and at a time upon which the department of commerce and labor and the tax com- 30 mission shall agree. The department of commerce may charge an application fee 31 not in excess of five hundred dollars ($500) for a media production company's 32 application to be qualified for the sales tax rebate pursuant to this section 33 (2) To receive the rebate pursuant to this section, the media production 34 company shall apply to the state tax commission on forms and in the manner the 35 commission requires. The application shall include a certification of the 36 amount of expenditures made in Idaho with respect to the purchase of tangible 37 personal property by the media production company by the director of the 38 department of commerce and labor or the director's designee. The rebate shall 39 be paid within sixty (60) days from the date the tax commission receives a 40 qualified application. If the rebate is not paid within that period, the 41 amount owed to the taxpayer shall accrue interest at the rate provided in sec- 42 tion 63-3045, Idaho Code. 43 (3) As used in this section: 2 1 (a) "Media production" is defined as the production of programs through a 2 variety of techniques and media including, but not limited to, live action 3 camera work, animation, computer-generated imagery or other recorded work 4 during the process of preproduction, production and postproduction, that 5 are intended to be exhibited in theaters, licensed for exhibition on tele- 6 vision or cable stations or networks, licensed for or produced for sale or 7 rental to home or commercial viewing markets or a future viewing or 8 listening medium. Products of media production include, but are not lim- 9 ited to, feature films, videos, television series or movies, television or 10 theatrical commercials, industrials and education programs or shows, video 11 or computer games, and documentaries, but shall not include production of 12 news and athletic event programming, family or personal productions, film- 13 ing of live staged events to which tickets are sold or any material of an 14 indecent or obscene nature as provided in chapter 41, title 18, Idaho 15 Code. "Media production" includes "preproduction," "production," and 16 "postproduction." 17 (b) "Postproduction" means the final stage in a media production after 18 principal photography, including editing, the addition of sound/visual 19 effects and musical scoring, mixing and dubbing and distributing. 20 (c) "Preproduction" means the planning stage in a media production after 21 the project is financed and before principal photography or actual shoot- 22 ing commences, including script treatment and editing/rewriting, schedul- 23 ing, set design and construction, casting, budgeting and financial plan- 24 ning, and scouting or selection of locations. 25 (d) "Production" means the general process of putting a media production 26 together, including casting, set construction, principal photography and 27 shooting. 28 (e) "Qualifying media production expenditures" in Idaho includes, but is 29 not limited to, wages from eleven dollars ($11.00) per hour to one hundred 30 twenty-five dollars ($125) per hour, fringe benefits, commissions or fees 31 and per diem expenses for labor paid in Idaho; contract labor paid in 32 Idaho; equipment rentals and purchases during preproduction, production 33 and postproduction such as grip, lighting, editing, camera, communication 34 and computers; film, videotape stock or digital recording medium and proc- 35 essing and transfer costs; expendables such as gaffer's tape or gel; 36 wardrobe and costuming; makeup and hairdressing supplies; set construction 37 and set decoration materials, prop rentals and purchases, including lumber 38 and construction materials, tools and equipment; stage, location site and 39 office space rentals, equipment and expendables; vehicle, truck, boat and 40 aircraft rentals, leases and purchases; food purchased for cast and crew; 41 airfare or other travel purchased through an Idaho based travel agency; 42 insurance and completion bond coverage purchased through an Idaho based 43 agency; lodging expenses for hotels, motels, apartments and houses; motor 44 vehicle expenses, including gas, oil, servicing and reimbursed mileage; 45 laundry and dry cleaning; and shipping services. 46 (4) Any rebate paid shall be subject to recapture by the commission at 47 one hundred percent (100%) in the event that the tax incentive criteria are 48 not met at the project site during the project period or in the event that the 49 media production company did not otherwise qualify. Any recapture amount due 50 under this section shall be a deficiency in tax for the period in which the 51 disqualification first occurs for purposes of section 63-3629, Idaho Code, and 52 may be enforced and collected in the manner provided by the Idaho sales tax 53 act in which the disqualification first occurs for purposes of section 54 63-3629, Idaho Code, and may be enforced and collected in the manner provided 55 by the Idaho sales tax act. 3 1 SECTION 2. The provisions of this act shall be null, void and of no 2 force and effect on and after July 1, 2013.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Langhorst Seconded by Corder IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 497 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 12, following "PRODUCTION" insert: 3 "PROJECT"; in line 14, following "production" insert: "project"; in line 17, 4 following "duction" insert: "project", and also in line 17, following "media 5 production" insert: "project"; in line 24, following "production" insert: 6 "project"; in line 25, following "period" insert: "for each media production 7 project"; and in line 30, following "commerce" insert: "and labor". 8 On page 2 delete lines 1 and 2 and insert: 9 "(a) "Media production project" is defined as the production of a single 10 project through a variety of techniques and media including live action"; 11 delete lines 8 through 10 and insert: "listening medium. Products of a media 12 production project include feature films, videos, television series or movies, 13 industrials and education programs or shows, video"; in line 12, following 14 "programming," insert: "political advertisements,"; in line 15, following 15 "Media production" insert: "project"; in line 17, following "production" 16 insert: "project"; in line 20, following "production" insert: "project"; in 17 line 25, following "production" insert: "project"; and in line 28, following 18 "production" insert: "project". 19 AMENDMENT TO SECTION 2 20 On page 3, delete line 2 and insert: "force and effect on and after July 21 1, 2011. By January 2 of each year, the Department of Commerce and Labor shall 22 provide an annual report of the results of all media production projects that 23 have applied to participate in the media production project tax rebate con- 24 tained in Section 63-3622TT, Idaho Code, to the Governor and the Legisla- 25 ture.". 26 CORRECTION TO TITLE 27 On page 1, in line 5, delete "IN MEDIA PRODUCTION" and insert: "IN A MEDIA 28 PRODUCTION PROJECT"; and in line 7, delete "AND" and also in line 7, following 29 "DATE" insert: "AND TO PROVIDE FOR AN ANNUAL REPORT".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 497, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE SALES AND USE TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 63-3622TT, IDAHO CODE, TO PROVIDE A SALES 4 AND USE TAX REBATE FOR THE SALES OR USE OF TANGIBLE PERSONAL PROPERTY USED 5 DIRECTLY BY A MEDIA PRODUCTION COMPANY IN A MEDIA PRODUCTION PROJECT, TO 6 PROVIDE PROCEDURES, TO DEFINE TERMS, TO PROVIDE QUALIFICATION REQUIREMENTS 7 AND TO PROVIDE FOR RECAPTURE; PROVIDING A SUNSET DATE AND TO PROVIDE FOR 8 AN ANNUAL REPORT. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 36, Title 63, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 63-3622TT, Idaho Code, and to read as follows: 13 63-3622TT. MEDIA PRODUCTION PROJECT TAX REBATE. (1) An eligible media 14 production company which purchases tangible personal property used directly in 15 a media production project and which makes qualifying media production expen- 16 ditures may qualify for a rebate of sales or use taxes paid on such purchases 17 if the purchaser develops, with such tangible personal property or qualifying 18 media production project expenditures in Idaho, the production in Idaho of a 19 media production project and if the purchase or use of such tangible personal 20 property is subject to the sales and use tax. To be eligible for the rebate 21 pursuant to this section, a media production company shall submit to the 22 department of commerce and labor information required by the director of the 23 department of commerce and labor to demonstrate conformity with the require- 24 ments of this section and shall have expended or will expend a minimum of two 25 hundred thousand dollars ($200,000) on qualifying media production project 26 expenses in Idaho within a consecutive thirty-six (36) month period for each 27 media production project. Application for the rebate shall be made within 28 thirty-six (36) months of the expenditure qualifying for the rebate. The 29 department of commerce and labor shall determine eligibility of the company 30 and shall report this information to the state tax commission in a manner and 31 at a time upon which the department of commerce and labor and the tax commis- 32 sion shall agree. The department of commerce and labor may charge an applica- 33 tion fee not in excess of five hundred dollars ($500) for a media production 34 company's application to be qualified for the sales tax rebate pursuant to 35 this section 36 (2) To receive the rebate pursuant to this section, the media production 37 company shall apply to the state tax commission on forms and in the manner the 38 commission requires. The application shall include a certification of the 39 amount of expenditures made in Idaho with respect to the purchase of tangible 40 personal property by the media production company by the director of the 41 department of commerce and labor or the director's designee. The rebate shall 42 be paid within sixty (60) days from the date the tax commission receives a 43 qualified application. If the rebate is not paid within that period, the 2 1 amount owed to the taxpayer shall accrue interest at the rate provided in sec- 2 tion 63-3045, Idaho Code. 3 (3) As used in this section: 4 (a) "Media production project" is defined as the production of a single 5 project through a variety of techniques and media including live action 6 camera work, animation, computer-generated imagery or other recorded work 7 during the process of preproduction, production and postproduction, that 8 are intended to be exhibited in theaters, licensed for exhibition on tele- 9 vision or cable stations or networks, licensed for or produced for sale or 10 rental to home or commercial viewing markets or a future viewing or 11 listening medium. Products of a media production project include feature 12 films, videos, television series or movies, industrials and education pro- 13 grams or shows, video or computer games, and documentaries, but shall not 14 include production of news and athletic event programming, political 15 advertisements, family or personal productions, filming of live staged 16 events to which tickets are sold or any material of an indecent or obscene 17 nature as provided in chapter 41, title 18, Idaho Code. "Media production 18 project" includes "preproduction," "production," and "postproduction." 19 (b) "Postproduction" means the final stage in a media production project 20 after principal photography, including editing, the addition of 21 sound/visual effects and musical scoring, mixing and dubbing and distrib- 22 uting. 23 (c) "Preproduction" means the planning stage in a media production proj- 24 ect after the project is financed and before principal photography or 25 actual shooting commences, including script treatment and 26 editing/rewriting, scheduling, set design and construction, casting, bud- 27 geting and financial planning, and scouting or selection of locations. 28 (d) "Production" means the general process of putting a media production 29 project together, including casting, set construction, principal photogra- 30 phy and shooting. 31 (e) "Qualifying media production project expenditures" in Idaho includes, 32 but is not limited to, wages from eleven dollars ($11.00) per hour to one 33 hundred twenty-five dollars ($125) per hour, fringe benefits, commissions 34 or fees and per diem expenses for labor paid in Idaho; contract labor paid 35 in Idaho; equipment rentals and purchases during preproduction, production 36 and postproduction such as grip, lighting, editing, camera, communication 37 and computers; film, videotape stock or digital recording medium and proc- 38 essing and transfer costs; expendables such as gaffer's tape or gel; 39 wardrobe and costuming; makeup and hairdressing supplies; set construction 40 and set decoration materials, prop rentals and purchases, including lumber 41 and construction materials, tools and equipment; stage, location site and 42 office space rentals, equipment and expendables; vehicle, truck, boat and 43 aircraft rentals, leases and purchases; food purchased for cast and crew; 44 airfare or other travel purchased through an Idaho based travel agency; 45 insurance and completion bond coverage purchased through an Idaho based 46 agency; lodging expenses for hotels, motels, apartments and houses; motor 47 vehicle expenses, including gas, oil, servicing and reimbursed mileage; 48 laundry and dry cleaning; and shipping services. 49 (4) Any rebate paid shall be subject to recapture by the commission at 50 one hundred percent (100%) in the event that the tax incentive criteria are 51 not met at the project site during the project period or in the event that the 52 media production company did not otherwise qualify. Any recapture amount due 53 under this section shall be a deficiency in tax for the period in which the 54 disqualification first occurs for purposes of section 63-3629, Idaho Code, and 55 may be enforced and collected in the manner provided by the Idaho sales tax 3 1 act in which the disqualification first occurs for purposes of section 2 63-3629, Idaho Code, and may be enforced and collected in the manner provided 3 by the Idaho sales tax act. 4 SECTION 2. The provisions of this act shall be null, void and of no 5 force and effect on and after July 1, 2011. By January 2 of each year, the 6 Department of Commerce and Labor shall provide an annual report of the results 7 of all media production projects that have applied to participate in the media 8 production project tax rebate contained in Section 63-3622TT, Idaho Code, to 9 the Governor and the Legislature.
STATEMENT OF PURPOSE RS 15605 This legislation provides a rebate of sales taxes paid on qualifying expenses when a minimum of $200,000 is spent on a film and media production project in Idaho over 36 months. This rebate will sunset in 2013. Fiscal Note No impact to the general fund for FY 2007. The potential loss of revenue in the future of $50,000 a year, assuming that there were two new productions annually that average $2.5 million in qualified expenditures per year. The industry estimates 20 percent of production budgets go to taxable purchases. CONTACT Name: Roger Madsen, Idaho Commerce & Labor Phone: 208-332-3570 STATEMENT OF PURPOSE/FISCAL NOTE H497