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42.4.3304    CERTIFICATION FOR EMPLOYMENT PRODUCTION TAX CREDIT

(1) A production company that is applying for an employment production tax credit under 15-31-907 , MCA, shall require and retain in the film production company records a declaration of residency form for each Montana resident. A copy of one of the following items must be attached to the declaration of residency form:

(a) valid Montana driver's license;

(b) current Montana voter's registration card; or

(c) previous year's Montana personal income tax return.

(2) Compensation for talent, management, and labor are eligible for the employment production tax credit only when paid to individuals who are Montana residents during the time that they work on the project.

(3) If the amounts paid to Montana residents who serve as extras on a state certified production qualify as “compensation” as defined in ARM 42.4.3301, the production company may choose to include the amounts as a qualified expenditure, as provided in 15-31-908 , MCA, or as compensation under the employment production tax credit outlined in 15-31-907 , MCA. If the production company chooses to treat the amounts as a qualified expenditure, those amounts are not included when calculating the application fee required in 15-31-906 , MCA.

(4) Unless the total compensation paid to Montana residents exceeds $30,000, excluding compensation paid for the services of extras, the total application fee required to be paid for a state certified production is $500.

(5) Compensation paid to persons for contract labor, as a loan out, or extras that may be reported on a federal Form 1099-MISC does not qualify for the employment production tax credit.

History: 15-31-911, MCA; IMP, 15-30-101, 15-31-906, 15-31-907, 15-31-908, MCA; NEW, 2006 MAR p. 1960, Eff. 8/11/06.

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