Kentucky Doubles Down on $75 Million in Film Tax Credits


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On March 14, 2025, Senate Bill 1 (“SB-1”) was delivered to the Governor of Kentucky. Upon signature, SB-1 would create the Kentucky Film Office (“Office”) as an attachment to the Kentucky Cabinet for Economic Development and create the Kentucky Film Leadership Council (“Council”) as an extension of the proposed Kentucky Film Office. The Office and Council would be responsible for, but not limited to, the following:
Administering and overseeing the Kentucky Entertainment Incentive Program
Coordinating with local and regional film commissions
Marketing Kentucky as a location for film production
Assisting film studios and workforce training programs to increase film-based employment
Reviewing applications for tax incentives
Developing strategies for attracting new film-based projects
SB-1 is subject to alteration during the legislative process. If approved, SB-1 would become effective July 1, 2025.
The KEI program is designed to attract film and entertainment industry partners to Kentucky that will create job opportunities for residents and promote the creation of production and post-production infrastructure.
Eligible projects can receive up to 30% of qualifying capital and payroll expenditures as a refundable tax credit, up to $10,000,000 per year, claimed against Kentucky corporate, limited liability, or individual income tax. Projects located in enhanced counties or that make qualifying payroll expenditures to Kentucky-resident below-the-line production crew members can increase the benefit percentage to 35%. Annually, the KEI program can award a total of $75,000,000 in credits, with $25,000,000 set aside for companies with continuous film productions.
Eligibility includes any person or entity that intends to film or produce a feature-length film, television program, industrial film, documentary, or a national touring production of a Broadway show produced in Kentucky.
Requirements for the KEI program include:
Production must start within six months of approval and end within two years of the start date
Productions must meet the following minimum investment requirements based on variety of factors, as shown in
Table 1:
Table 1: Requirements for the KEI Program | ||
Description | Kentucky-Based Company | Out-of-State Company |
Feature-length films, television programs, or industrial films filmed in whole or in part in the commonwealth | $125,000 | $250,000 |
Documentary filmed or produced in whole or in part in the commonwealth | $10,000 | $20,000 |
A national touring production of a Broadway show, produced in whole or in part in the commonwealth | $20,000 | $20,000 |
In 2024, the KEI program approved $67 million in credits. As of February 2025, the KEI program has approved $26 million in credits.
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The material presented in this communication is intended to provide general information only and should solely be seen as broad guidance and not directed to the particular facts or circumstances of any individual who may read this publication. No liability is accepted for acts or omissions taken in reliance upon the content of this piece. Before taking (or not taking) any action, readers should seek professional advice specific to their situation from Ryan, LLC or other tax professionals.
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