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Film Industry Incentives Restoration Act

BILL NO. 72

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016



Private Member's Bill



Film Industry Incentives Restoration Act



Lenore Zann
Truro–Bible Hill–Millbrook–Salmon River



First Reading: November 10, 2016

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill restores the Film and Television Development Programme, the Equity Fund and the Film Industry Tax Credit.

An Act Respecting the Restoration of Incentives
to Encourage the Development
of the Film Industry in Nova Scotia

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Film Industry Incentives Restoration Act.

2 The Government shall forthwith restore the Film and Television Development Programme and the Equity Fund on the same terms as they existed before being cancelled.

3 (1) Subsection 47(1) of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 9 of the Acts of 2007 and Chapter 6 of the Acts of 2015, is further amended by adding “or after December 31, 2016” immediately after “2015” in the last line.

(2) Section 47 of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2002, Chapter 4 of the Acts of 2003, Chapter 6 of the Acts of 2005, Chapter 2 of the Acts of 2006, Chapter 9 of the Acts of 2007, Chapter 2 of the Acts of 2008, Chapter 8 of the Acts of 2011, Chapter 33 of the Acts of 2014 and Chapter 6 of the Acts of 2015, is further amended by adding immediately after subsection (2A) the following subsection:

(2AA) A corporation may deduct from tax otherwise payable by the corporation an additional frequent filmer credit of 5% of the eligible salaries of an eligible film if

(a) the principal photography for the film commenced after December 31, 2016;

(b) the principal photography for the film commenced within twenty-four months of the completion of principal photography for two other eligible films;

(c) the principal owner for each of the three films is the same person or group of persons; and

(d) the film and the two other eligible films satisfy the eligibility criteria prescribed by the regulations.

(3) Section 47 of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2002, Chapter 4 of the Acts of 2003, Chapter 6 of the Acts of 2005, Chapter 2 of the Acts of 2006, Chapter 9 of the Acts of 2007, Chapter 2 of the Acts of 2008, Chapter 8 of the Acts of 2011, Chapter 33 of the Acts of 2014 and Chapter 6 of the Acts of 2015, is further amended by adding immediately after subsection (2B) the following subsection:

(2C) Where film production activity of an eligible film commences after December 31, 2016, and the corporation meets the prescribed criteria, there may be deducted from tax otherwise payable by the corporation an amount equal to

(a) 60% of the eligible salaries paid after December 31, 2016, where 50% or greater of the days for principal photography for the film production activity are undertaken in an eligible geographic area of the Province as prescribed by the regulations; or

(b) the sum of

(i) 60% of the eligible salaries paid after December 31, 2016, times the proportion of time the days for principal photography are spent inside an eligible geographic area are out of the total days for principal photography where less than 50% of the days for principal photography for the film production activity are undertaken in an eligible geographic area of the Province as prescribed by the regulations, and

(ii) 50% of the eligible salaries paid after December 31, 2016, times the proportion of time the days for principal photography are spent outside an eligible geographic area are out of the total days for principal photography where less than 50% of the days for principal photography for the film production activity are undertaken in an eligible geographic area of the Province as prescribed by the regulations.

(4) Subsection 47(3) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 9 of the Acts of 2007 and Chapter 8 of the Acts of 2011, is further amended by striking out “and (2B)” in the second line and substituting “, (2B) and (2C)”.

(5) Section 47 of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2002, Chapter 4 of the Acts of 2003, Chapter 6 of the Acts of 2005, Chapter 2 of the Acts of 2006, Chapter 9 of the Acts of 2007, Chapter 2 of the Acts of 2008, Chapter 8 of the Acts of 2011, Chapter 33 of the Acts of 2014 and Chapter 6 of the Acts of 2015, is further amended by adding immediately after subsection (6) the following subsection:

(7) The money required for the purpose of subsections (2AA) and (2C) must be paid out of money appropriated for that purpose by the Legislature and, for greater certainty, no deduction may be made under subsections (2AA) and (2C) until the money is appropriated by the Legislature.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created November 10, 2016. Send comments to legc.office@novascotia.ca.