RELATES TO: KRS 148.544
NECESSITY, FUNCTION, AND CONFORMITY: KRS 148.546 requires the
Film Office within the Tourism, Arts and Heritage Cabinet to establish
standards for the making of an application for incentives and to set forth the
fees for application for incentives. This administrative regulation establishes
(1) "Application" means the
Kentucky Film Office Film Production Company Refundable Tax Credit
(2) "Authority" means
the Kentucky Tourism Development Finance Authority.
(3) "Eligible company" is defined by KRS 148.542(10).
(4) "Motion Picture or
Entertainment Production" is defined by KRS 148.542(14).
(5) "Office" is defined by KRS 148.542(16).
(1) An eligible company wishing
to receive incentives for filming a motion picture or entertainment production
in the Commonwealth shall file three (3) copies of the application with the
office at least thirty (30) days prior to incurring any expenditure.
(2) In addition to the information included
in the application as set forth in KRS 148.546, an eligible company shall
promptly submit any supporting documentation or information requested by the
Recommendation. Prior to making a recommendation on whether to enter into a tax
incentive agreement with the eligible company to the Authority, the office
shall fully consider:
(1) The eligible
company's ability to meet the expenditure requirements of KRS 148.544(3);
(2) The written
application submitted by the eligible company; and
(3) All other supplemental information
submitted by the eligible company.
(1) Upon recommendation of the Film Office,
the Authority may authorize by resolution the execution of a tax incentive
agreement which shall include the provisions required by KRS 148.546(4).
Upon execution of
the agreement, the eligible company shall submit the greater of:
(a) $500; or
(b) One-half (0.5) percent of the estimated
amount of tax incentive sought.
If the eligible company wishes to
increase the amount of qualified expenditures, the eligible company:
(a) Shall apply for the increase at least
thirty (30) days prior to spending any amounts for which an incentive is
(b) Shall not be eligible
for amounts spent in excess of the initial total of approved expenditures prior
to the execution of an amended agreement; and
Shall submit an additional fee which
shall be the greater of:
1. $500; or
2. One-half (0.5) percent of the estimated
amount of increased tax incentive sought.
(1) The "Kentucky Film Office Film
Production Company Refundable Tax Credit Application", 07/09, is incorporated
(2) This material may
be inspected, copied, or obtained, subject to applicable copyright law, at the
office of the Tourism Cabinet, 24th Floor, Capital Plaza Tower, 500 Mero
Street, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30