Tour 4.30Tour 4.30 General eligibility criteria. The department shall consider whether all of the following are likely, in determining whether to accredit a production: Tour 4.30(1)(1) The production would not occur in Wisconsin without the tax benefits provided under this chapter. Tour 4.30(2)(2) The production would enhance economic development in Wisconsin. Tour 4.30(3)(3) The production would enhance the potential for increasing the film, video or electronic game industry in Wisconsin. Tour 4.30(4)(4) The production would not hurt the reputation of the state of Wisconsin. Tour 4.30 HistoryHistory: CR 07-063: cr. Register December 2007 No. 624, eff. 1-1-08. Tour 4.31Tour 4.31 Ineligible public programming. Public programming of a civic or governmental function is not eligible for becoming an accredited production. Tour 4.31 HistoryHistory: CR 07-063: cr. Register December 2007 No. 624, eff. 1-1-08. Tour 4.34(1)(a)(a) A potential claimant shall submit a separate accreditation application for each production, to the department, on a valid, department-prescribed form. Tour 4.34 NoteNote: The application form that is currently valid can be obtained from the department at P.O. Box 8690, Madison, WI, 53708-8690; and may be available by accessing the department’s Web site at http://industry.travelwisconsin.com, and searching for the film production accreditation program. Tour 4.34 NoteNote: Under s. 41.155 (1), Stats., application for accreditation must be made to the department in each taxable year for which accreditation is desired. Tour 4.34(1)(b)(b) An application for accrediting a production shall be submitted at least 21 days prior to the start of filming or taping the production. Tour 4.34(1)(c)(c) Applications shall be reviewed by the department on a first-come, first-served basis. Tour 4.34(2)(2) Approval. A production shall become accredited upon issuance of a written approval from the department, to the claimant, reflecting that the submitted application complies with this chapter and provides any other information which the department deems is necessary to evaluate applications under this subchapter. Tour 4.34(3)(3) Revocation. The department may revoke any approval issued under sub. (2) if the supporting information is found to be inaccurate or significantly misleading. Tour 4.34 NoteNote: In accordance with s. 41.155 (3), Stats., the department will notify the department of revenue of every production accredited under this section, and of any such accreditation that is revoked. Tour 4.34 HistoryHistory: CR 07-063: cr. Register December 2007 No. 624, eff. 1-1-08; CR 10-116: renum. (1) to (1) (a), cr. (1) (b) and (c) Register May 2011 No. 665, eff. 6-1-11. Tour 4.35Tour 4.35 Ineligible expenditures. Expenditures for any of the following are not eligible for submittal or acceptance under s. Tour 4.36: Tour 4.35(1)(1) Marketing and distribution of an accredited production. Tour 4.35(8)(8) Legal fees, such as for development, marketing or business set-up. Tour 4.35(9)(9) Expenditures for forfeitures, fees, expenses and costs associated with violation of federal or state law or local ordinances. Tour 4.35 HistoryHistory: CR 10-116: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. Tour 4.36Tour 4.36 Determination of production expenditures and resident salary, wages, or labor-related contract payments. Tour 4.36(1)(1) To obtain the department’s determinations in sub. (2), and prior to filing for tax benefits, a claimant shall submit all of the following to the department, in writing: Tour 4.36(1)(a)(a) A list and description of the production expenditures incurred during the taxable year. Tour 4.36(1)(b)(b) A list of the salary, wages, or labor-related contract payments that were paid as specified in sub. (2) (b), and a description of the corresponding services. Tour 4.36(1)(c)(c) Attestation that the employees who received the salary, wages, or labor-related contract payments as specified sub. (2) (b) were residents of this state under s. 71.02, Stats., at the time of being paid. Tour 4.36 NoteNote: Sections 71.07 (5f) (c) 1., 71.28 (5f) (c) 1., and 71.47 (5f) (c) 1., Stats., read as follows: “A claimant may not claim a credit under this subsection if less than 35 percent of the total budget for the accredited production is spent in this state.” Tour 4.36(1)(g)(g) A fee in the amount of 2 percent of the production expenditures listed in the application, or $5,000, whichever is less. Tour 4.36(1)(h)(h) Documentation evidencing that receipt of the credit is a major factor in the applicant’s decision to operate the accredited production in this state. The documentation shall include details showing that the applicant has multistate or international location options and either could reasonably operate the production outside the state or is considering operating the production in at least one other state or nation. Tour 4.36(1)(i)(i) Any subsequent clarification requested by the department. Tour 4.36(2)(2) The department shall determine the following amounts, after accrediting a production, and shall notify the claimant of those amounts, in writing: Tour 4.36(2)(a)(a) The production expenditures that were incurred during the taxable year. Tour 4.36(2)(b)(b) The salary, wages, or labor-related contract payments that were paid during the taxable year by the claimant to those employees of the claimant who met both of the following criteria: Tour 4.36(2)(b)1.1. Rendered services in this state to produce an accredited production. Tour 4.36(3)(a)(a) The department may increase the amount specified in a notification issued under sub. (2), after a claimant submits adequate written justification for that increase. Tour 4.36(3)(b)(b) The department may decrease the amount specified in a notification issued under sub. (2), after determining that the information on which the amount was based is inaccurate or significantly misleading. Tour 4.36(3)(c)(c) The department shall notify a claimant, in writing, of any increase or decrease established under this subsection. Tour 4.36 NoteNote: In accordance with s. 41.155 (3), Stats., the department will notify the department of revenue of the production expenditures that are verified under this section. Tour 4.36 HistoryHistory: CR 07-063: cr. Register December 2007 No. 624, eff. 1-1-08; CR 10-116: am.(1) (title), (b), (c), (2) (b) (intro), r. and recr. (1) (e) to (g) and (2) (c), renum. (1) (h) to (i), cr. (1) (h) Register May 2011 No. 665, eff. 6-1-11. Tour 4.60Tour 4.60 Definitions. In this subchapter: Tour 4.60 Note“1. “Claimant” means a person who files a claim under this subsection and who does business in this state as a film production company.
Tour 4.60 Note2. “Film production company” means an entity that exclusively creates accredited productions, as defined in sub. (5f) (a) 1.
Tour 4.60 Note3. “Physical work” does not include preliminary activities such as planning, designing, securing financing, researching, developing specifications, or stabilizing property to prevent deterioration.
Tour 4.60 Note4. “Previously owned property” means real property that the claimant or a related person owned during the 2 years prior to doing business in this state as a film production company and for which the claimant may not deduct a loss from the sale of the property to, or an exchange of the property with, the related person under section 267 of the Internal Revenue Code, except that section 267 of the Internal Revenue Code is modified so that if the claimant owns any part of the property, rather than 50 percent ownership, the claimant is subject to section 267 of the Internal Revenue Code for purposes of this subsection.” Tour 4.60(2)(2) “Department” means the department of tourism. Tour 4.60(3)(3) “Incurred” means funds equal to the total cost have been disbursed by a potential claimant. Tour 4.60(4)(4) “Person” includes natural persons, fiduciaries, and corporations, unless the context requires otherwise. Tour 4.70Tour 4.70 Certification of expenses relating to establishing a film production company. Tour 4.70(1)(a)(a) To obtain the department’s preliminary approval in sub. (3), a potential claimant shall submit all of the following to the department, in writing: Tour 4.70 NoteNote: The application form that is currently valid can be obtained from the department at P.O. Box 8690, Madison, WI, 53708-8690; and may be available by accessing the department’s Web site at http://industry.travelwisconsin.com, and searching for the film production accreditation program. Tour 4.70(1)(a)3.3. A description of how the estimated expenses will relate to establishing or operating a film production company in Wisconsin. Tour 4.70 NoteNote: The expenses prescribed in s. 71.07 (5h) (b) 1., 71.28 (5h) (b) 1., and 71.47 (5h) (b) 1., Stats., consist of “The purchase price of depreciable, tangible personal property and items, property, and goods under s. 77.52 (1) (b), (c), and (d), if the sale of the tangible personal property, items, property, or goods is sourced to this state under s. 77.522.” Tour 4.70 Note“Limitations. 1. A claimant may claim the credit under par. (b) 1., if the tangible personal property, or item, property, or good under s. 77.52 (1) (b), (c), or (d), is purchased after December 31, 2008, and the tangible personal property, item, property, or good is used for at least 50 percent of its use in the claimant’s business as a film production company. Tour 4.70 Note2. A claimant may claim the credit under par. (b) 2. for an amount expended to construct, rehabilitate, remodel, or repair real property, if the claimant began the physical work of construction, rehabilitation, remodeling, or repair, or any demolition or destruction in preparation for the physical work, after December 31, 2008, and the completed project is placed in service after December 31, 2008.
Tour 4.70 Note3. A claimant may claim the credit under par. (b) 2. for an amount expended to acquire real property, if the property is not previously owned property and if the claimant acquires the property after December 31, 2008, and the completed project is placed in service after December 31, 2008.”
Tour 4.70(1)(b)(b) A potential claimant shall provide any subsequent clarification requested by the department. Tour 4.70(2)(2) The department shall consider whether all of the following are likely, in determining whether to issue a preliminary approval for establishing a film production company: Tour 4.70(2)(a)(a) The film production company and its investment would enhance economic development in Wisconsin. Tour 4.70(2)(b)(b) The film production company and its investment would enhance the potential for increasing the film, video or electronic game industry in Wisconsin.
