Kentucky Production Tax Incentives

Overview

  • Kentucky offers a refundable, non-transferable tax credit equal to 30% for non-payroll spend & non-resident labor and 35% for resident labor. productions can earn an additional 5% on expenditures incurred when filming in an "enhanced incentive county."
  • The credit may be claimed in the taxable year in which the credit is certified. unused credits may not be carried forward.

Eligible Project Types: Animation, Broadway theatrical shows, documentaries, feature films, game shows, industrials, interactive, miniseries, pilots, reality TV, scripted TV, talk shows.

Incentive details

Type
Refundable tax credit
Rate
30% non-payroll spend & non-resident labor; 35% resident labor.
Uplift(s)
5% on expenditures and labor incurred in "enhanced incentive counties"
Annual Cap
$75M
Project Cap
$10M
Compensation Cap
$1M (ATL)
Eligible Expenses
Qualifying wages and expenditures must be incurred within Kentucky.
Additional Info
Expenses not eligible for the tax credit include: fringes, per diem, payroll SVC fees, airfare, non-resident kit/box rentals, L&D, online purchases, insurance premiums, Kentucky sales and use tax

Requirements

Minimum Spend
Based on if the applicant is a KY based company (principal place of business is KY or no less than 50% of its property & payroll is located in KY) or non-KY based company. feature film, TV, or industrial film: $125K (KY)/$250K (non-KY); documentary: $10K (KY)/$2Kk (non-KY; National touring Broadway show: $20K (KY & non-KY)
Local Hire Requirement
No
Logo/End Credit Acknowledgement Required
Yes
Loanout Withholding
Application Timing
Projects are approved by the Kentucky Economic Development Finance Authority (KEDFA) which meets on the last Thursday of the month (except November & December). contact KEDFA 45 days prior to KEDFA monthly meeting to discuss project, If the project is eligible KEDFA will send application/link. application packages and application fee are filed 30 days prior to KEDFA meeting. Upon KEDFA's review of application, a draft of a KEDFA board report will be issued and sent to applicant. Once the draft report is accepted by applicant, KEDFA's legal counsel then drafts the tax incentive agreement (any fees are to be paid by applicant). Once the agreement is signed by applicant and admin fee (the greater of .5% of estimated credits or $500) is paid, the proposed project is presented at the KEDFA monthly meeting. Once approved, the production may begin to qualify expenditures. filming or production must begin within 6 months of KEDFA approval date & must be completed within 2 years of the production start date. Within 180 days of the production completion date, the final script and a certified, detailed cost report of the qualifying expenditures is due to KEDFA for final review.
Audit
Within 180 days of the production completion date, the final script and a certified, detailed cost report of the qualifying expenditures, that is reviewed by a Kentucky CPA, is due to KEDFA for final review.

How to Apply

Application

Projects are approved by the Kentucky Economic Development Finance Authority (KEDFA) which meets on the last Thursday of the month (except November & December). The pre-application process begins 45 days prior to KEDFA monthly meeting. Completed application packages should be submitted 30 days prior to KEDFA monthly meeting. Production must start within 6 months of KEDFA approval.

Application Timing
Kentucky Film Office

Kylee Palmer, Deputy Commissioner, 502-564-7670, kylee.palmer@ky.gov

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