LAC 61:I.6992 — Definitions

A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 47:6034, unless the context clearly requires otherwise.
B. In this Chapter, the following terms shall have the meanings provided herein, unless the context clearly indicates otherwise.
Base Investment—actual investment made and expended in this state by a state-certified musical or theatrical production as production-related costs directly related to in state production.
DepartmentLouisiana Department of Economic Development, or its successor, represented by its secretary or his designee.
Directordirector of the Office of Entertainment Industry Development or his designee.
Expended in the State or Expenditures in the Stateshall mean:
a. an expenditure to acquire or lease immovable property located in the state;
b. an expenditure to acquire movable property from a source within the state which is subject to state sales and use tax; or
c. an expenditure as compensation for services performed within the state which is subject to state income tax.
Expenditureactual payment of cash or cash equivalent, paid by or on behalf of a state certified production exchanged for goods or services, as evidenced by an invoice, receipt or other such document. Cash or cash equivalent transactions may include but not be limited to: commercial or bank financed loans, actual physical transfer of coins and banknotes, other forms of transmission that will turn into cash very quickly, including written checks, credit cards, bank debit cards, and bank wire transfers. However, the receipt of a promissory note, the creation of an account receivable, or the sending of a customer invoice are not, by themselves, evidence of an expenditure. Owner-financed transactions will only qualify as an expenditure when actual cash or cash equivalent payments are made.
Indirect Costscosts of operation that are not directly associated with a specific production, such as clerical salaries and general administrative costs.
Live Audience—a group of spectators, listeners or viewers collectively at a public event, with a minimum group size of 25 people, as approved by LED.
Live-Streamed Performance—a musical or theatrical production, performed at a physical anchor location before a live audience, which may also be live-streamed or filmed for distribution later to a ticketed audience.
Louisiana Resident
a. a natural person who:
i. is a Louisiana domiciliary;
ii. maintains a permanent place of abode within Louisiana and spends in the aggregate more than six months of each year in Louisiana; or
b. pays taxes to Louisiana on the amount of money paid to such person for which a tax credit is sought.
c. a company:
i. in which a Louisiana resident has ownership or control;
ii. organized or authorized to do business in Louisiana;
iii. that lends the services of such Louisiana resident for a state-certified musical or theatrical production; and
iv. pays taxes to Louisiana on the amount of money paid to such person for such services.
Non-Profit Community Theatera non-profit resident theater or producing organization incorporated as a 501(C)(3) organization recognized by the Louisiana Secretary of State.
Non-Profit Organization—a non-profit resident theater or producing organization incorporated as a 501(C)(3) organization recognized by the Louisiana Secretary of State, and approved by the Office.
OfficeOffice of Entertainment Industry Development.
Originateshall include, but not be limited to, state-certified musical or theatrical productions which are:
a. pre-Broadway engagement or remounts;
b. tour or resident production remounts;
b. resident or regional productions;
c. national touring companies producing their first public performance in Louisiana; or
d. concert tours producing their first public performance in Louisiana.
Payrollall salary, wages, and other compensation, fringe benefits taxed, sourced or apportioned to Louisiana, and federal payroll taxes such as the employer’s portion of FICA/FUTA and workers’ compensation insurance costs to the extent purchased from a source within the state. Fringe Benefits including health care costs, 401K contributions, dental plans, and life insurance will be considered if these costs are paid by the employer and costs are apportioned to services performed in Louisiana on a certified project.
Physical Anchor Location—a live performance venue in Louisiana, which may include but not be limited to: theatres, music venues, outdoor event venues, stadiums and arenas, as approved by LED.
Production Expendituresa contemporaneous exchange of cash or cash equivalent for goods or services related to development, production, or operating expenditures in this state for a state-certified production performed in Louisiana. (See §1694 for detailed illustrative examples of eligible and ineligible expenditures commonly associated with musical or theatrical production projects.)
Project Completion—completion or end date outlined in the project application, or as otherwise approved in writing by LED.
Secretarysecretary of the Department of Economic Development, or his designee.
Series of Productionsa new musical or theatrical production with multiple Louisiana performances in a 12 month period. Simply rebranding or renaming a series, without substantive creative changes, will make a series ineligible for recertification in subsequent years.
State-Certified Musical or Theatrical Production—a concert, musical or theatrical production, or a series of productions occurring over the course of a 12-month period, and the recording or filming of such production, which originate, are developed, or have their initial public performance before a live audience within Louisiana, or which have their United States debut within Louisiana, and the production expenditures, expenditures for the payroll of residents, transportation expenditures, and expenditures for employing college and vocational-technical students related to such production or productions, that are certified, verified, and approved as provided for in this Section. Non-profit organizations applying for recertification in subsequent years must provide evidence of substantive creative changes to the series of productions, including but not limited to new or original: creative elements, production elements, scores, scripts, or concepts, as approved by LED. Non-qualifying projects include, but are not limited to non-touring music and cultural festivals, industry seminars, trade shows, and any production activity taking place outside the state of Louisiana.
Studenta natural person enrolled in a Louisiana higher education facility, such as a college, university, or a vocational-technical college.
Transfereean individual or entity that receives a transfer of base investment tax credits.
Transferoran individual or entity that makes a transfer of base investment tax credits.