“Digital media company” means a company engaged in the production of a digital media project.
Terms Used In Utah Code 63N-8-102
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Digital media company: means a company engaged in the production of a digital media project. See Utah Code 63N-8-102
Digital media project: means all or part of a production of interactive entertainment or animated production that is produced for distribution in commercial or educational markets, which shall include projects intended for Internet or wireless distribution. See Utah Code 63N-8-102
Motion picture incentive: means either a cash rebate from the Motion Picture Incentive Account or a refundable tax credit under Section 59-7-614. See Utah Code 63N-8-102
New state revenues: means :
(a)
incremental new state sales and use tax revenues generated as a result of a digital media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax Act;
(b)
incremental new state tax revenues that a digital media company pays as a result of a digital media project under:
a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
(c)
incremental new state revenues generated as individual income taxes under 1, paid by employees of the new digital media project as evidenced by payroll records from the digital media company; or
Payroll company: means a business entity that handles the payroll and becomes the employer of record for the staff, cast, and crew of a motion picture production. See Utah Code 63N-8-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State-approved production: means a production under Subsections (2) and (5) that is:
(a)
approved by the office and ratified by the GO Utah board; and
Tax credit certificate: means a certificate issued by the office that:
(a)
lists the name of the applicant;
(b)
lists the applicant's taxpayer identification number;
(c)
lists the amount of tax credit that the office awards the applicant for the taxable year; and
(d)
may include other information as determined by the office. See Utah Code 63N-8-102
(2)
“Digital media project” means all or part of a production of interactive entertainment or animated production that is produced for distribution in commercial or educational markets, which shall include projects intended for Internet or wireless distribution.
(3)
“Dollars left in the state” means expenditures made in the state for a state-approved production, including:
a combination of Subsections (3)(a)(i), (ii), and (iii);
(b)
payments made to a nonresident only to the extent of the income tax paid to the state on the payments, the amount of per diems paid in the state, and other direct reimbursements transacted in the state; and
(c)
payments made to a payroll company or loan-out corporation that is registered to do business in the state, only to the extent of the amount of withholding under Section 59-10-402.
(4)
“Loan-out corporation” means a corporation owned by one or more artists that provides services of the artists to a third party production company.
(5)
“Motion picture company” means a company engaged in the production of:
(a)
motion pictures;
(b)
television series; or
(c)
made-for-television movies.
(6)
“Motion picture incentive” means either a cash rebate from the Motion Picture Incentive Account or a refundable tax credit under Section 59-7-614.5 or 59-10-1108.
(7)
“New state revenues” means:
(a)
incremental new state sales and use tax revenues generated as a result of a digital media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax Act;
(b)
incremental new state tax revenues that a digital media company pays as a result of a digital media project under:
a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
(c)
incremental new state revenues generated as individual income taxes under 1, paid by employees of the new digital media project as evidenced by payroll records from the digital media company; or
(d)
a combination of Subsections (7)(a), (b), and (c).
(8)
“Payroll company” means a business entity that handles the payroll and becomes the employer of record for the staff, cast, and crew of a motion picture production.
(9)
“Refundable tax credit” means a refundable motion picture tax credit authorized under Section 63N-8-103 and claimed under Section 59-7-614.5 or 59-10-1108.
(10)
“Restricted account” means the Motion Picture Incentive Account created in Section 63N-8-103.
(11)
“Rural production” means a state-approved production in which at least 75% of the total number of production days occur within:
(a)
a county of the third, fourth, fifth, or sixth class; or
(b)
a county of the second class that has a national park within or partially within the county’s boundaries.
(12)
“State-approved production” means a production under Subsections (2) and (5) that is:
(a)
approved by the office and ratified by the GO Utah board; and
(b)
produced in the state by a motion picture company.
(13)
“Tax credit amount” means the amount the office lists as a tax credit on a tax credit certificate for a taxable year.
(14)
“Tax credit certificate” means a certificate issued by the office that:
(a)
lists the name of the applicant;
(b)
lists the applicant’s taxpayer identification number;
(c)
lists the amount of tax credit that the office awards the applicant for the taxable year; and
(d)
may include other information as determined by the office.
