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Proposal
"Independent Film Small Business Jobs Creation Act of 2003"
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Small businesses across the
nation have suffered set backs and quite a number have
failed - they're gone! America is losing - losing the
very essence of film in both quality and quantity.
Hundreds of thousand of jobs have been lost! Frank Capra,
President of Screen Gems Studios in North Carolina has
described the deterioration of work for both his studio
and his crews in crisis terms: there is significantly less
work today than last year and it dwindles year after year
- many crewmembers cannot even buy milk for their babies!
This story repeats itself in state after state.
Shakespeare said, "Look to
the actor, he is the brief and abstract chronicle of the
times." When "Film," the number one Industry, takes
production away from our own country, all aspects of our
economy are affected! The shocking FACTS ARE: that of the
120,386 professional actors, there are only approximately
thirty big money makers! In the year 2000, 80% of Screen
Actors Guild members earned less than $7,500, under the
poverty level and of those, nearly 50% earned nothing! For
every $1.00 an actor earns, approximately 40¢ goes to
the professionals he supports: agent, manager, lawyer,
business manager and press agent. This amount does not
include Uncle Sam. Other film related businesses having
lost a major portion of their income face the same
dilemma. When the actors work neither
do:
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Directors, writers, cinematographers, casting
directors, production Co-coordinators, assistant
directors, camera assistants, focus pullers, slate
men, production designers, set decorators, art
designers, props people, costume designers, wardrobe
personnel, dressers, make-up artists, hair stylists,
script coordinators, script typists, sound men, boom
men, best man, gaffers, grips, stand-ins, stunt
people, runners, mail boys, production staff, crane
operators, location managers and scouts, dialogue
coaches, teachers, medics, clean-up crews, graphic
artists, special effects crews, music production
coordinators, composers, songwriters, musicians,
transportation captains, co-captains, drivers, set
builders, animal wranglers, trainers, set
photographers, caterers and craft service people,
film press reps, editors and post production
personnel and many others.
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This further affects ancillary businesses throughout our
country:
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Dry cleaners, gasoline suppliers, tire suppliers,
mechanics, airlines, trailer & dressing room
rentals, car rentals, wardrobe rentals, studio
space, lumber suppliers, furniture rentals and
suppliers, glass manufacturers, lighting equipment
suppliers, camera rentals, film suppliers, shippers,
messenger services, wig suppliers, make-up
suppliers, editing room and facilities, computer
suppliers, telephone equipment, walky-talky
supplies, telephone services, electrical services,
electrical equipment, video and DVD suppliers, site
rentals, stationery suppliers, graphic houses,
special effects equipment and designers,
fabricators, hotels, restaurants, beauty parlors,
massage therapists, chiropractors, doctors, retail
shops, advertising agencies, theaters,
projectionists, concessionaires, policemen, firemen,
emergency medical and many others.
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For the past ten years Independent
film makers have continued their plight with little hope
on the horizon to keep productions in the United States.
American films made in foreign countries for economic
reasons continue to grow in both number and dollar
impact.
As Independent Producers strive to find
investors for their projects, they face savvy financiers
that can put their money in better tax-advantaged
investments. Wholesome films - films that are typically
made by independent film makers - are considered
"soft" by major studio standards and more
economically risky than the genre of "rape, pillage
and plunder" films. It's not too hard to see why
the viewing public feels there are so few "good"
films in theaters.
Many productions are developed and
scheduled for release in the U.S. but filmed in foreign
countries such as Canada, Mexico, Great Britain, France,
Germany, Australia and Malaysia among others. In the next
ten years, these productions are projected to take $150
billion of American investment dollars and work to Canada
alone. That's money that will be spent - and taxed -
in Canada, not the U.S., for pre-production activities,
principal photography and post-production work. Those
activities will put Canadians to work on movie sets, and a
host of ancillary Canadian businesses that benefit from
production in their area all transactions garnering income
through taxes for Canada.
This by no means indicts Canada
for beating us at our own game! They've done a
masterful job attracting investment and production through
various economic incentives. Canada has made it very
attractive for the movie industry and has profited
enormously! Other countries are not far behind. We are
losing billions of investment dollars to Australia,
France, Germany, Spain and Asia as they "learn" the
process.
It's time the U.S. took
steps to revitalize this "Made in America"
Industry! A few incentives are in place in progressive
states interested in attracting productions, largely
rebates of sales taxes; noble efforts, but far short of
delivering real economic impact attractive enough to bring
the adequate productions to their state. How can the
United States keep American productions in the U.S.,
create jobs for Americans, enable small businesses to gain
incremental business and ultimately create more films with
higher perceived quality? In the current economic climate
we cannot afford to hand over 180 billion dollars to
foreign countries. We need to incent the
investor! Entertain
this proposal: "For Independent films produced
entirely within the U.S. with a rating of "R" or
better, between a total budget cost of $2 million to $20
million, allow the investor to expense the investment in
the taxable year that it's used, then treat any
earnings from the sale, promotion and exploitation of the
film as ordinary income, taxable at the then applicable
tax rates." This simple, straight-forward action would
have a significant impact on the U.S, economy and bring
American productions back to America! Visualize the
impact:
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A substantial part of $180 billion plus projected to
be lost to "Runaway Productions" in the
coming decade remains in the U.S., fueling the
economy and, even if taxed at a minimal 20%, would
result in $36 billion in outright taxes and more in
individual income taxes paid by more working
Americans.
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More American producers, directors and actors work,
creating U.S. jobs that pay personal income tax as
well as improving their contributions to health and
pension benefits.
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A renewed platform for up-and-coming, high potential
American actors to work in films that are now lost
to foreign countries. This will provide a new
opportunity for these neophyte actors to work with
today's stars and learn from them!
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Crews, not now working, would be gainfully employed
and more crews developed as productions grow, all
paying taxes on their income.
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More small businesses will support production in the
U. S., generating jobs and taxable income.
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Expensing investment will fuel more investment
immediately, creating more films, more product for
theaters and more variety for the public.
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Films in the 2 to 20 million dollar range will, by
necessity, be "people" oriented: by
establishing a floor of $2 million, pornographic
films will in all likelihood be eliminated while a
ceiling of $20 million will limit the
"shoot-'em-up" aspects like big stunts
and computer animation that tend to push budgets to
$40 million and upward.
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Studios and Distribution companies will have more
product to distribute as the investment opportunity
fuels more production.
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Foreign investment is likely to be drawn to the U.S.
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More work in the U.S., more small business
opportunity, more films, more "downstream"
business opportunities and American films made in
America!
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This proposal if translated into
law will fuel domestic film production like wildfire.
Small businesses will flourish, production companies will
be able to better seek investors, distributors will have
more product to market and there is the highest likelihood
that film quality will improve. This proposal is U.S.
budget neutral! If you consider a $10 million credit to
investors of a film - that money will be spent in that
year creating taxable expenditures for the entire amount
spent. Per the U.S. Bureau of Economic Analysis,
multipliers of 3.1 and 3.6 can be applied to both direct
spending and wages (assume a 50-50 split) to total $33.5
million. Tax that at just 30% and you get $10.05 million,
making this a zero sum game in year one, then in
subsequent years when the income from sales revenue is
taxed, it brings even more cash to U.S. coffers. The bulk
of $180 billion-plus we now lose to other countries can be
returned to the U.S.!
Independent filmmakers have
always been resourceful and have made economical films
even as Studio costs escalated. The Independent filmmaker
is the backbone of quality films that delve into the human
element and deliver award winning films. This proposal
enables more work in the U.S. and benefits everyone across
America economically and culturally. The time is now to
"jump start" the Independent film industry and
recapture American film production!
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Facts cited from:
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