Current through Register Vol. 48, No. 38, September 20, 2024
a) In order to obtain a theater tax credit
award, an applicant must first receive an accredited theater production
certificate establishing that the applicant has satisfied the requirements of
the Act and this Part.
b) In order
to qualify for a theater tax credit awardunder the Act, an applicant must file
an application, on forms prescribed by the Department, providing information
necessary to calculate the tax credit award and any additional information as
reasonably required by the Department. [35 ILCS
17/10-40(a)] The Department shall
only accept applications that are submitted electronically via the standard
application form provided by the Department. The applicant will be required to
provide information including, but not limited to, the following:
1) Legal name, address and telephone number
of applicant.
2) Whether the
applicant is a:
A) Theater
producer;
B) Owner;
C) Licensee;
D) Operator; or
E) Presenter.
3) Name, title and telephone number of the
primary contact person.
4) Type of
business entity:
A) Individual or sole
proprietorship;
B)
Partnership;
C)
Corporation;
D) Subchapter S
corporation;
E) Limited liability
company; or
F) Other (applicant
will provide description).
5) Date of incorporation or
formation.
6) Federal Employer
Identification Number (FEIN) or Tax Identification Number (TIN).
7) Production title and whether the
production is a:
A) Pre-Broadway production;
or
B) Long-run
production.
8) Estimated
opening night of the production run and estimated number of performances in
Illinois.
9) Estimated total budget
of production.
10) Estimated total
Illinois labor expenditure.
11)
Estimated number of Illinois residents to be hired to work on the
production.
12) For a Pre-Broadway
production, applicant must provide tangible evidence that the production is
scheduled to be performed in Broadway's Theater District within 12 months after
the end of the Illinois run.
13)
The applicant must certify that it is and will remain in good standing with
applicable state authorities, it is not currently operating under, or subject
to, any cease and desist order, or subject to any informal or formal regulatory
action, and, to the best of the applicant's knowledge, that it is not currently
the subject of any investigation by any state or federal regulatory, law
enforcement or legal authority. Should the applicant become the subject of an
investigation by any state or federal regulatory, law enforcement or legal
authority, the applicant shall promptly notify the Department of that
investigation. The applicant acknowledges that, should it become delinquent in
its good standing status with any applicable state authority or if it later
becomes subject to a cease and desist order or memorandum of understanding, or
is found in violation pursuant to any regulatory action or any court action or
proceeding before any administrative agency, the Department is authorized to
deny the applicant's request for an accredited theater production
certificate.
c) An
application must be submitted to the Department no sooner than 180 calendar
days prior to the opening of ticket sales for the accredited theater production
and no later than the last business day prior to the opening of the accredited
theater production.
d) The
Department will evaluate applications for accredited theater production
certificates from eligible applicants in accordance with the following
requirements:
1) The Applicant intends to
make the expenditure in the State. [35
ILCS 17/10-30]
2) The applicant's accredited theater
production is economically sound and will benefit the people of the State of
Illinois by increasing opportunities for employment and will strengthen the
economy of Illinois. [35 ILCS 17/10-30]
3) A suitable diversity plan has been created
by the applicant and the following requirements related to theimplementation of
a diversity plan have been met: the applicant has filed with the Department a
diversity plan outlining specific goals for hiring Illinois labor expenditure
eligible minority persons and females, as defined in the Business Enterprise
for Minorities, Females, and Persons with Disabilities Act, and for using
vendors receiving certification under the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act; the Department has approved the
plan as meeting the requirements established by the Department and verified
that the applicant has met or made good faith efforts in achieving those goals;
and the Department has adopted any rules that are necessary to ensure
compliance with the provisions set forth in this subsection (d)(3) and
necessary to require that the applicant's plan reflects the diversity of the
population of this State. [35
ILCS 17/10-30(a)(3)]
4) The applicant's accredited theater
production application provides a detailed training plan to participate in
training, education and recruitment programs that are organized in cooperation
with at least one of the following: Illinois colleges and universities; labor
organizations; and the holders of accredited theater production certificates.
Training plans are designed to promote and encourage the training and hiring of
Illinois residents who represent the diversity of Illinois. [35
ILCS 17/10-30(a)(4)]
5) The applicant illustrates evidence of a
competitive need for credit. If not for the theater tax credit award, the
applicant's accredited theater production would not occur in Illinois, which
may be demonstrated by any means, including, but not limited to, evidence that:
the applicant, presenter, owner, or licensee of the production rights has other
state or international location options at which to present the production and
could reasonably and efficiently locate outside of the State; at least one
other state or nation could be considered for the production; the receipt of
the theater tax credit awardis a major factor in the decision of the applicant,
presenter, production owner or licensee as to where the production will be
presented and that without the theater tax credit awardthe applicant likely
would not create or retain jobs in Illinois; or receipt of the theater tax
credit award is essential to the applicant's decision to create or retain new
jobs in the State. [35
ILCS 17/10-30(a)(5)] The Department
maintains sole discretion to review any information, materials or evidence to
determine whether an applicant has established a competitive need for the
credit in accordance with the Act.
6) The theater tax credit awardwill result in
an overall positive impact to the State, as determined by the Department using
the best available data. [35 ILCS 17/10-30 ]
e) The applicant is responsible for the
accuracy of all data, information and documentation included in the
application. Once submitted, applications shall become the property of the
Department.
f) Upon written
request, the applicant shall issue any necessary authorization to the
appropriate federal, State or local authority for the release of information
concerning a production being considered under this Part, including, but not
limited to, financial reports and records relating to the applicant or the
accredited theater production for which the theater tax credit award is
requested.
g) The Department is not
responsible for any errors or delays in providing an application denial or
approval caused by errors in any of the application information provided by the
applicant or by any technical problems beyond the Department's
control.
h) Prior to substantive
evaluation of an application for an accredited theater production certificate,
the Department shall review all applications to determine that all required
information and documentation has been provided. Applicants will be notified,
in writing, of any application deficiencies and will be allowed 5 business days
to correct those deficiencies through submission of additional documentation.
If the applicant successfully cures any deficiencies within the 5-day period,
the applicant will keep its numeric place in the queue. If an applicant does
not correct the application deficiencies within 5 business days, then the
Department may treat the application as newly submitted for purposes of
determining the priority of applications and the applicant will lose its
numeric place in the queue.
i) The
Department will provide interested applicants with information upon request and
also be available via the Department's website. Submittal of an application
does not commit the Department to award assistance or to pay any costs incurred
by the applicant in the preparation of an application.
