July 14 at 8:24am

Film Tax Incentives Need To Focus On Low Budget Production Too!

It is frustrating from an indie producer perspective that all film-centered tax incentives, both here in the US and abroad, are geared towards the higher budgeted films. It is totally understandable though, as the Hollywood & big budget fare bring in the most revenue and the most jobs. This sort of bias however, also limits the growth of local creative talent — in fact you could argue that the bias to high priced production in tax incentives drives out the local talent and thus prevents creative communities from developing in the regions in which the incentives are supposed to help.

Unless such tax incentive programs also focus on the sustainability of the creative community — in addition to maximizing tax revenues and employment — it will always be carpetbaggers who benefit from policy and not the local community. It is great when the local work force is all fully employed (remember those days?), and it is great when the local vendors have deal upon deal so they grow their biz and improve the infrastructure, but why limit our ambition to such basic needs as employment and monetary profit?

When the goal of policy is 100% profit & revenue motivated,  IMHO  it is generally a barrier to the creation of  the best work and consequently the sustainability of the individuals who make it. Supporting lower budget work through such policy benefits local community and the artists who are vested in the locale as a whole (not just in terms of how they save & make $$).

Why is it so important for government policy to focus on low budget media production as well as the biggest revenue & job generators in this sector?

  • Media artists create work inspired by where they live, the places & people they love and are intrigued by.  If the up & comings can’t afford to shoot in a place, fewer films will be centered in local communities, and thus unfortunately as a result create a more generic impression of our country worldwide.  We need to help provide an understanding of our worlds that are not just motivated by the “sell” and mass market.  How will we build bridges to other communities throughout the world when all of our output is about reaching into people’s wallet and the characters we portray aim to satisfy everyone?
  • Every film shot is a promotional tool to make it’s setting a desired destination for all.  Movies are promotional tools for the tourist industry of the state.  We enrich the area where we set our work financially as well as culturally.
  • No one sets out to work on projects that are only profitable or employ huge crews.  It is a need to participate in work (and culture) that you are proud of, that speaks to you personally — it is this quality that makes people chose to work for lower rates on our projects (I am told).  To keep a strong crew base, communities need a diversity of production to sustain individuals both creatively and financially.
  • Low budget films provide a way for crew members to advance their skill set by working at higher responsibility than they would elsewhere . Since depth of talent base is a decisive factor where a film shoots, larger films are incentivized to come to a location where they can find a crew and actor base with the required experience — and as a result in benefits a community to make sure that crews can advance their skill set and not just get stuck at the lower end of a hiring heirachy.
  • Low budget films take more chances on collaborators in all categories, creating new “stars” and adding “value” in the process, and eventually attracting & generating new projects consequently.  If communities rely only on projects only generated outside their community, their prime tool to attract productions will be increasing the size of their incentives and thus limiting their revenues in the process; we all need home grown projects or else each incentive will be incentivized to exceed each other (and destroy the local benefits as a result).
  • Quality of life improves for all when we don’t just do well, but also do good.  Incentivizing low budget production and nurturing home grown talent can be a source of civic pride — which is part of the glue that drives and sustains any infrastructure.
  • Large budget productions must maintain the status quo.  Large budgets are justified by the tastes at the time they are made.  Large budgets are about the already proven.  If we believe in the necessity of a diverse culture, an inclusive culture, a culture of opportunity, we need to find ways to make sure we support low budget production.
  • And let’s be real: from a business and recoupment perspective, it is hard to justify middle budget production (which these days I would define as $500K – $45M!) under the current revenue models.  New talent won’t develop, new ideas and methods won’t be sourced, unless we have a middle ground where transitional artist can experiment and grow. If we want to have a healthy film and media industry, we need to help stimulate low budget production.

Nonetheless, State Tax Film Incentives and other policies generally favor larger budgeted films.  In NY State we would not have a tax incentive if it wasn’t for the coalition of studio owners who lobbied for the initial law, but not surprisingly they looked out (then, and continue to look out so now) for their own interest and required that every film have a day of work on a “certified” stage to qualify for the incentive — up until the tax incentives passed, not one of my sixty films had ever shot on a real stage.  It also has been said that the approval process in many states is far more rigorous for low budget films than higher ones, and I imagine that there will eventually reach a court case in some state or another where a filmmaker proves this.  Granted, tax incentives are just one aspect of the bias to large budget films nation wide, but they are one that we can do something about.  The first step is convincing our communities that low budget work matters (which means we must advance beyond just financial analysis in determining our policy).

There are numerous policies that could be built into local film tax incentives that would help create sustainable film communities in those very same states or locales:

  1. Every state these days owns or controls various buildings and real estate that could be made available at reduced rates for low budget home-grown production.
  2. Similarly, film permit fees (like the ones NYC recently inacted) could be waived if a budget is below a certain threshold; ditto on requisite practices like NY State’s tax incentive studio requirement.
  3. And why not reserve a portion of each state’s rebate for local low-budget production and keep the carpetbaggers from siphoning off the whole kaboodle?

Frankly, it would be great if States and municipalities even focused on some non-funding activities to help their local film communities.

  1. Wouldn’t it be great if film board websites actually promoted local filmmakers and technicians?  Local film schools could be recruited to shoot, edit, and post promotional videos championing home grown talent.
  2. Is there anything wrong with States playing matchmaker and introducing financiers and other entrepreneurs to the best and the brightest?  Many states now have incubators and other “proof of concept” matchmaking enterprises and wouldn’t everyone feel indebted if the angels met the aspirants?
  3. And why stop at tax breaks, promotion, and matchmaking?  Whatever happened to subsidized housing and work space for artists?  Don’t the creative class give rise to a higher quality of life for the rest of the community?  Why not require low cost housing for artists be part of any redevelopment plan?
  4. Why not help fund a teaching/lecture program that artists can participate in to not only help them survive but to also give back to the community at the same time?

I am sure that you can add to these lists.  Let’s figure this out and build it better together.

Where are the governments that show they actually believe that culture is a valuable (even necessary) component to life?  Tell us, so we can begin the mass-migration now!

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  • Charlie Pratt
    I know this is slightly off topic....but, can you mix "donations" with private equity when scouring the earth for funding? The donations (at least w/ the people I'm dealing with) would have to go through a nonprofit entity. Does this affect backend, points, etc?
  • Jbyrd130
    If you're in a state that offers the legal structure of a low-profit LLC (aka an L3C), you are able to receive below-market loans, gift annuities, private equity and other funding from private foundations with this structure, and you're still allowed to work with a fiscal sponsor for tax deductible donations, because L3C's don't have 501(c)(3) status. BUT you have to make clear that your mission of your company is based in a charitable/educational purpose (though, of course your allowed to earn income as long as you pay the taxes). This can be a tricky argument if you're a prod. co. only, and not doing other programming (screening series, media literacy outreach, etc.)... But IMO that's just more proof that filmmakers these days need to accept that they need to wear the exhibition/awareness/social capital hat as well.

    It's a very new legal structure, but I'm actually quite optimistic about what it could mean for arts organizations, particularly film companies. More on the wiki site: http://en.wikipedia.org/wiki/L...
  • Would be nice. Studio film budgets are so large nowadays that the little guys get shut out of any form of competition. Ultimately, little competition and lack of diversity in filmmaking brings us re-hatched, rebooted, and regurgitated franchises. And studios wonder why the general public would rather download a film on BitTorrent than spending $16 a person at the local theatre.
  • Nparikh
    Come to Mississippi! We support indie filmmakers! If you spend $20,000 in the state, you're eligible for the incentive. We return 20-25% of your in-state spend. Our incentive was specifially designed to support low-budget filmmakers as well as the bigger budgets... we have no standard state-wide permit fees, our office works with communities to find further savings beyond the incentive, we always promote our local crew and filmmakers to visiting productions, we have close working relationships with all of the film/media programs at the various schools, and we'll be launching a workforce training program in the coming year... www.filmMississippi.org
  • Gus
    Cannot understand why a country that is completely and utterly dominating film culture worldwide, a country that produces literally ten times as many films as it can hope to distribute or find audiences for, would ever spend a dime of its taxpayers' money trying to spur more film production. It is just simply baffling to me. There are so many other ways this money should be spent or re-allocated.

    Your references to 'full employment' are the definition of what is wrong with that idea. Employing people inefficiently or in services people do not demonstrate a need for is a trivial task, not a goal.

    Your closing note about looking for 'governments that care about culture' is also confusing since I know you know these programs exist in loads of other countries... including every single one in the European Union. The programs are there specifically because we are dominating their own local cultures and have been for about seventy years. The only country in the world watching more of its own films than America's without government imposition is India.

    Why, exactly, is an exceptionally large industry 'failing to develop its talent'? There are literally more positions available for development in America than anywhere else in the world. Your answer is essentially that others routinely demonstrate that they like things that you do not.

    Instead of incentivizing production why not focus on government support of non-profit theatrical distribution. Integration of the art house and the local museum. We are not at a point where the problem is creation of work, nor should we all be funding films we've already demonstrated we don't want to see in meaningful numbers.
  • Bill Cunningham
    Ted - the only snag I see in your essay here is the following:

    "When the goal of policy is 100% profit & revenue motivated, IMHO it is generally a barrier to the creation of the best work and consequently the sustainability of the individuals who make it. Supporting lower budget work through such policy benefits local community and the artists who are vested in the locale as a whole (not just in terms of how they save & make $$)."

    Personally I feel the system should invest in local film production "as a business" and not through the idea of grants. Local film production is somehow never seen as a respectable business because it's always treated as an artistic indulgence or a cultural obligation.

    Indie filmmakers deserve better than that. They deserve, and should seek to achieve, a sustainable business model for their storytelling. That means they should demonstrate to local business and political leaders that local production serves their interests as well as the filmmakers. Let's face it - there is an air of welfare about the current system. The perception is - film is what they do in california or new york and nowhere else. The perception is that anyone investing in local production is looking at a charitable contribution and not a business investment.

    I'm all for local investment in film production. I'd love to be able to do what I do in an area of the country where the living expenses were much lower, and the quality of life higher. The only way I can see that happening is for a complete turnaround in the perception. We have to demonstrate value to the communities by yardsticks other than cultural investment. That means return on investment, excellent local and national PR for our 'success stories' with an emphasis on developing new, stable, media business models. We cannot be thought of as artists, but as entrepreneurs.

    Otherwise we'll ALWAYS be out on the sidewalk with our tin cups.
  • Jbyrd130
    I see your point, but I think filmmakers can achieve a "sweet spot" that merges non-profit and for-profit models, similar to what many "social impact" companies and "social/angel" investors are doing now. Hell, most NFP orgs create goods/services out of revenue necessity these days, and even the grants/endowments/charitable foundations want to see applicants who have some sort of revenue model.
    "Forces for Good: The Six Practices of High-Impact Nonprofits" by Leslie Crutchfield and Heather McLeod Grant hits on many points that I think could be relevant to indie film producers...
  • Marty Lang
    I'm so glad you've written this, Ted. In Connecticut, we've been fighting this battle for the past three years. Our tax incentive program originally gave a 30% tax credit for any project that cost more than $50,000, which was a boon for our indies (I was able to get it for three films that I produced). But then, with studio development on the horizon, the incentives were changed to get the most "bang for the buck," and now it's a tiered credit system, where you only get a 10% tax credit on a spent of $100,000. For the indie filmmakers here, it's infuriating.

    I'm also so glad you mention civic pride as an important factor. The film I'm working on right now, Rising Star (www.risingstarmovie.com) takes place completely in Hartford, Connecticut, former home of the NHL's Hartford Whalers. Once the Whalers left, any sense of pride in the city went with it, and the city's been in a funk since. I believe film can be something that can bring that pride back, and the people I've talked to in the city have been very receptive to that. It's a legitimate point, and it goes a little bit beyond straight dollars and cents. Hey, if New York City can put up $1 billion in tax-increment financing for the new Yankee Stadium, can't you argue that the arts deserve a little too?

    There are towns here that offer matching grant programs for artistic projects that feature their town prominently in them, films included, which is a great idea.

    I also think that states (and cities, if they can afford it) would be wise to come up with a fund to actually finance low-budget work by local filmmakers. It's a sound business decision - if you finance a filmmaker's work, you have something tangible when it's finished that can generate revenue. We do that on a smaller scale in Connecticut through our Film Industry Training Program, a summer film training program taught by IATSE and DGA members. We make short films as our "final exam" of the program, and one of those films actually got a distribution deal with the theater chain Cinebarre. If feature films subsidized by the state followed a similar track, they could make similar distribution deals - or more likely, they could take advantage of the state's built-in marketing apparatus to get the word out about their new films and distribute the films themselves. Tourism increases by getting films out there that feature the state, state theaters benefit by people coming out to see them, the filmmakers make out by getting exposure for their work, and the state benefits by making money from the screenings (both by being the investor, and by collecting taxes on the screenings.) Makes a lot of sense to me.
  • I've been putting together a budget for a low budget film and I have to say that Michigan is looking pretty good. They don't have any stage requirement and are, apparently, fairly welcoming to low budgets. 40% of a budget is hard to ignore. Plus, isn't the NY requirement that you spend at least 3 million on a stage, if you want the incentive for the rest of your shoot?

    I'm not sure I'm going to Michigan, and my budget may be low, but that's money not spent in New York, and it's still a lot of money. I guess incentives are the easiest sell politically, and even these get discredited in many states and underfunded in others (ours).

    But you are right about nurturing talent. It's hard to imagine now, but the high point in American theater and film arts was the direct result of New Deal spending after the Depression; money spent on exactly what you are talking about, education, artists housing, actual theater productions. There would have been no Paul Newman or Marlon Brando with them.

    There seems to be two huge barriers to Government financing of films. One is the political content, meaning that anything that smelled liberal or gay or had drugs in it, etc. would be "controversial" and not part of America's values. And the other is that studios either fight these things, or they take advantage of them, by crying that it is unfair that one film gets a subsidy that they do not. I'm sure that happens in a lot of other industries. This is a world run by huge corporations right now and they always protect themselves first, aggressively.




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