Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 20 - Division of Taxation
Subchapter 20 - TAX CREDITS/DEDUCTIONS
Part 5 - Rules and Regulations for the Certification of Motion Picture Production Tax Credits (280-RICR-20-20-5)
Section 280-RICR-20-20-5.10 - Priority and Allocation of Credits

1. No more than fifteen million dollars ($15,000,000) in total may be issued for any calendar year beginning after December 31, 2007 for motion picture tax credits pursuant to R.I. Gen. Laws Chapter 44-31.2 and/or musical and theatrical production tax credits pursuant to R.I. Gen. Laws Chapter 44-31.3. Said credits shall be equally available to motion picture productions and musical and theatrical productions. No specific amount shall be set aside of either type of production.

2. Notwithstanding § 5.10(A)(1) of this Part, the tax credit for any motion picture production shall not exceed five million dollars ($5,000,000).

3. The tax administrator may issue a waiver of the five million dollar ($5,000,000) tax credit cap provided:

4. Credits shall be allocated against the cap established in § 5.10(A)(1) of this Part for the calendar year determined by film office in the initial certification notice.

1. Once a production has been initially certified, the film office will assign a number to that production. Initial numbers are assigned chronologically and are based on the date and time that a production has been initially certified. These productions will be placed in sequence on a "first come, first served" basis. This sequence is also referred to within as the "queue";

2. Based upon the applicant's information and availability of credit remaining for the calendar year for which application is made, the film office shall allocate the estimated credit amount to that production;

3. This estimated amount will not be allocated to any other production, except as set forth below under "loss of place in the queue";

4. If a production

5. In order to maintain place in the queue, filming in Rhode Island shall commence before the elapse of sixty (60) days from the intended start date indicated on the initial certification notice. Upon receipt of a written request the director of the film office is allowed to extend that time for an additional thirty (30) days, for good cause shown. Furthermore, in order to continue to be certified, the production's filming shall begin no more than one hundred and eighty (180) days from the start date indicated on the initial certification notice;

6. Upon loss of place in the queue, the estimated tax credit, which originally had been assigned to the production, shall be released and made available to other productions in sequence in the queue;

7. If, at the time of initial certification, all available tax credits for the calendar year have been claimed or otherwise assigned, a production shall be put at the end of the queue for that calendar year's credit, in the order of the date of initial certification;

8. Remaining productions in the queue, which are not qualified for available tax credit in the calendar year in which applied, must indicate in writing to the film office their interest in renewing their applications for the next calendar year's available tax credit. Any renewal request for the succeeding calendar year's available tax credit must be made to the film office on or before December 1st of the calendar year of the original application.