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Utilizing IRC Section 181 for Independent Film Production Investments

Generating Robust Tax Deductions

A live 110-minute CPE webinar with interactive Q&A

This program is included with the Strafford CPE Pass. Click for more information.
This program is included with the Strafford CPE+ Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, January 22, 2025 (in 5 days)

1:00pm-2:50pm EST, 10:00am-11:50am PST

or call 1-800-926-7926

This webinar will discuss the pros and cons of investing in film production and deducting production costs under IRC Section 181. Our session will provide guidance for structuring the investment, identify investment risks, provide examples of significant potential tax savings, including 4 to 1 deductions vs. cash investments, and offer advice for withstanding IRS scrutiny.

Description

Incurring substantial production costs upfront with a revenue stream that follows much later, the film and television industry have perhaps one of accounting's most incongruous mismatches for pairing revenue recognition and expense deductions. IRC Section 181 allows "any qualified film or television production and any qualified live theatrical production" to expense its cost as incurred rather than postponing the deduction until the release date or the date revenue is earned. The deduction is capped at $15 million ($20 million in certain economically depressed areas).

An additional incentive was added by the 2017 Tax Act. Film productions are now eligible for bonus depreciation. Film financing can provide significant initial tax deductions for savvy investors when appropriately structured. There are also many issues that investors and their advisers must consider. Among these are assessing taxpayer eligibility, passive loss criteria, unrealistic film valuations, and, last but certainly not least, potential IRS challenges.

Listen as our panelists explain the tax ramifications of Section 181, along with the benefits of the caveats of investing in film productions.

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Outline

  1. Investing in film and TV productions: introduction
  2. IRC Section 181 overview
  3. Structuring the investment to maximize tax benefits, including increasing basis for depreciation
  4. Passive vs. active participation
  5. Caveats
  6. State considerations
  7. Examples
  8. Withstanding IRS challenges

Benefits

The panel will cover these and other critical issues:

  • Structuring the investment and entity choice
  • Qualifying for immediate expensing of production costs under Section 181
  • Key considerations to withstand IRS scrutiny
  • Scenarios pointing out the benefits and caveats of film production investments

Faculty

Levychin, Richard
Richard Levychin, CPA, CGMA

Partner
Galleros Robinson

Mr. Levychin is the Partner-in-Charge of the firm’s Private Sector Practice Group which focuses primarily on...  |  Read More

Mohammed, Ibrahim
Ibrahim Mohammed

Sr. Strategist
BTA Advisory Group

Mr. Mohammed has been on the buy side or sell side of hundreds of closed financial transactions. The equity...  |  Read More

Smith, Ryan
Ryan Smith

Producer and Financier
Thomasville Pictures

Mr. Smith is a seasoned financier and producer in the film industry, with nearly two decades of experience across the...  |  Read More

Sonkin, Alex
Alex Sonkin

Managing Director
VFO Hub

Mr. Sonkin is the Managing Director of The Due Diligence Project.  The Due Diligence Project is the leading and...  |  Read More

Attend on January 22

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