Kentucky Revised Statutes Title XII. Conservation and State Development § 154.61-030.Applications; tax incentive agreements; fee; approval; cost report

(a) The name and address of the applicant;

(b) Verification that the applicant is a Kentucky-based company;

(c) The preliminary production script or a detailed synopsis of the script;

(d) The locations where the filming or production will occur;

(e) The anticipated date on which filming or production shall begin in Kentucky;

(f) The anticipated date on which the applicant will complete incurring expenditures in Kentucky;

(g) The total anticipated qualifying expenditures;

(h) The total anticipated qualifying payroll expenditures for resident and nonresident above-the-line crew by county;

(i) The total anticipated qualifying payroll expenditures for resident and nonresident below-the-line crew by county;

(j) The address of a Kentucky location at which records of the production will be kept;

(k) An affirmation that if not for the incentive offered under this subchapter, the eligible company would not film or produce the production in the Commonwealth; and

(l) Any other information the council may require.

(a) The duties and responsibilities of the parties;

(b) A detailed description of the motion picture or entertainment production for which incentives are requested;

(c) The anticipated qualifying expenditures and qualifying payroll expenditures for resident and nonresident above-the-line and below-the-line crews by county;

(d) The minimum combined total of qualifying expenditures and qualifying payroll expenditures necessary for the approved company to qualify for incentives;

(e) That the approved company shall:

(f) That the motion picture or entertainment production shall not include obscene materials and shall not negatively impact the economy or the tourism industry of the Commonwealth;

(g) That the execution of the agreement is not a guarantee of tax incentives and that actual receipt of the incentives shall be contingent upon the approved company meeting the requirements established by the tax incentive agreement;

(h) That the approved company shall submit to the council within one hundred eighty (180) days of the completion of production in Kentucky for the motion picture or entertainment production a detailed cost report of the qualifying expenditures, qualifying payroll expenditures, and the latest version of the production script at the time of cost report submission;

(i) That the approved company shall provide the council with documentation that the approved company or the associated loan-out entity has withheld income tax as required by KRS 141.310 or the individual income tax rate imposed by KRS 141.020 on all qualified payroll expenditures for which an incentive under this subchapter is sought;

(j) That, if the council determines that the approved company has failed to comply with any of its obligations under the tax incentive agreement:

(k) That the council and the Department of Revenue shall monitor the tax incentive agreement;

(l) That the approved company shall provide to the council and the Department of Revenue all information necessary to monitor the tax incentive agreement;

(m) That the council may share information with the Department of Revenue and the Interim Joint Committee on Appropriations and Revenue or any other entity the council determines is necessary for the purposes of monitoring and enforcing the terms of the tax incentive agreement;

(n) That the motion picture or entertainment production shall contain an acknowledgment that the motion picture or entertainment production was produced or filmed in the Commonwealth of Kentucky;

(o) That the approved company shall include screen credits in its final production, indicating the approved company received tax incentives from the Commonwealth of Kentucky;

(p) Terms of default;

(q) The method and procedures by which the approved company shall request and receive the incentive provided under KRS 141.383 and 154.61-020;

(r) That the approved company may be required to pay an administrative fee as authorized under subsection (5) of this section; and

(s) Any other provisions deemed necessary or appropriate by the parties to the tax incentive agreement.

(a) Qualifying expenditures;

(b) Qualifying payroll expenditures for resident and nonresident above-the-line crew by county;

(c) Qualifying payroll expenditures for resident and nonresident below-the-line crew by county; and

(d) The latest version of the production script available at the time of cost report submission.

(9)(a) Cabinet staff shall review all information submitted for accuracy and shall confirm that all relevant provisions of the tax incentive agreement have been met.

(b) Upon confirmation that all requirements of the tax incentive agreement have been met, cabinet staff shall review the latest version of the production script available at the time of cost report submission, and if they determine that the motion picture or entertainment production does not:

(a) Verify that the approved company withheld the proper amount of income tax on qualifying payroll expenditures; and

(b) Notify the council of the total amount of refundable credit available on qualifying expenditures and qualifying payroll expenditures.