Montana Code 15-31-1006. Production expenditure verification report
15-31-1006. Production expenditure verification report. (1) A production company with a base investment of more than $350,000 that claims the credit provided for in 15-31-1007 shall submit a production expenditure verification report to the department of revenue as provided in this section. The report must be submitted with the submission of costs required by 15-31-1005(2)(a).
Terms Used In Montana Code 15-31-1006
- Base investment: means the amount expended by a production company as production expenditures and compensation incurred in this state that are directly used in a state-certified production. See Montana Code 15-31-1003
- Compensation: means Montana wages, salaries, commissions, payments to a loan-out company subject to the provisions of subsection (3)(c), union benefits, fringe benefits, and any other form of remuneration paid to employees for personal services performed in this state. See Montana Code 15-31-1003
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Production company: means a company primarily engaged in qualified production activities that have been approved by the department of commerce. See Montana Code 15-31-1003
- Production expenditure: means a preproduction or production expenditure incurred in Montana that is directly used for a qualified production activity including:
(i)set construction and operation;
(ii)wardrobes, makeup, accessories, and related services;
(iii)costs associated with photography and sound synchronization expenditures, excluding license fees, incurred with Montana companies for sound recordings and musical compositions, lighting, or related services and materials;
(iv)editing and related services;
(v)rental of facilities and equipment;
(vi)leasing of vehicles, whether to be photographed or to transport people, equipment, or materials;
(vii)lodging costs, including hotel rooms and private housing rentals paid for by the production company;
(viii)per diem and living allowance paid to staff, cast, and crew members;
(ix)digital, film, or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, visual effects services, and animation services;
(x)airfare, if purchased through a Montana travel agency or travel company;
(xi)insurance costs and bonding, if purchased through a Montana insurance agency; and
(xii)other direct costs of producing the project in accordance with generally accepted entertainment industry practices and generally accepted accounting principles. See Montana Code 15-31-1003
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The production expenditure verification report must:
(a)be issued by a certified public accountant who is unrelated to the production company and include a certification to that effect;
(b)be performed in accordance with the accounting standards generally accepted in the United States;
(c)be addressed to the person who engaged the accountant with a copy addressed to the production company or person who applies for the credit provided for in 15-31-1007;
(d)include the accountant’s name, address, and telephone number;
(e)include the date of completion of the accountant’s work; and
(f)contain a statement of acknowledgment by the accountant that the state is relying on the report to issue tax credits.
(3)The contents of the report must include:
(a)verification of the accuracy of the production expenditures and compensation submitted pursuant to 15-31-1005(2);
(b)an opinion from the accountant stating that there are no related party transactions or that material related party transactions are properly reported and accounted for, adequately disclosed, and explained in the report; and
(c)a statement that the submission of the production expenditures and compensation presents fairly, in all material aspects, the production expenditures and compensation expended in Montana pursuant to the provisions of this part.
(4)All costs associated with the report are the obligation of the production company.