R.I. Gen. Laws § 44-31.2-6 — Certification and administration

(a) Initial certification of a production. The applicant shall properly prepare, sign,
and submit to the film office an application for initial certification of the Rhode
Island production. The application shall include such information and data as the
film office deems necessary for the proper evaluation and administration of the application,
including, but not limited to, any information about the motion picture production
company, and a specific Rhode Island motion picture. The film office shall review
the completed application and determine whether it meets the requisite criteria and
qualifications for the initial certification for the production. If the initial certification
is granted, the film office shall issue a notice of initial certification of the motion
picture production to the motion picture production company and to the tax administrator.
The notice shall state that, after appropriate review, the initial application meets
the appropriate criteria for conditional eligibility. The notice of initial certification
will provide a unique identification number for the production based on the estimated
completion date of the production and is only a statement of conditional eligibility
for the production and, as such, does not grant or convey any Rhode Island tax benefits.
The motion picture production company is responsible for notifying the film office
and the Rhode Island division of taxation if it does not expect to complete its production
within the same calendar year of its estimated completion date. If the motion picture
production company does not expect to complete its production within the same calendar
year of its estimated completion date, it shall notify both the film office and the
Rhode Island division of taxation immediately upon learning of the reason for the
change in completion date.
(b) Final certification of a production. Upon completion of the Rhode Island production
activities, the applicant shall request a certificate of good standing from the Rhode
Island division of taxation. The certificates shall verify to the film office the
motion picture production company’s compliance with the requirements of § 44-31.2-2(11). The applicant shall properly prepare, sign, and submit to the film office an application
for final certification of the production and which must include the certificate of
good standing from the division of taxation. In addition, the application shall contain
such information and data as the film office determines is necessary for the proper
evaluation and administration, including, but not limited to, any information about
the motion picture production company, its investors, and information about the production
previously granted initial certification. The final application shall also contain
a cost report and an “accountant’s certification.” The film office and tax administrator
may rely without independent investigation, upon the accountant’s certification, in
the form of an opinion, confirming the accuracy of the information included in the
cost report. Upon review of a duly completed and filed application, the film office
will make a determination pertaining to the final certification of the production.
Within ninety (90) days after the division of taxation’s receipt of the motion picture
production company final certification and cost report, the division of taxation shall
issue a certification of the amount of credit for which the motion picture production
company qualifies under § 44-31.2-5. To claim the tax credit, the division of taxation’s certification as to the amount
of the tax credit shall be attached to all state tax returns on which the credit is
claimed.
(c) Final certification and credits. Upon determination that the motion picture production
company qualifies for final certification, the film office shall issue a letter to
the production company indicating “certificate of completion of a state-certified
production.” A motion picture production company is prohibited from using state funds,
state loans, or state guaranteed loans to qualify for the motion picture tax credit.
All documents that are issued by the film office pursuant to this section shall reference
the identification number that was issued to the production as part of its initial
certification.
(d) The director of the Rhode Island council on the arts, in consultation as needed with
the tax administrator, shall promulgate such rules and regulations as are necessary
to carry out the intent and purposes of this chapter in accordance with the general
guidelines provided herein for the certification of the production and the resultant
production credit.
(e) The tax administrator of the division of taxation, in consultation with the director
of the Rhode Island film and television office, shall promulgate the rules and regulations
as are necessary to carry out the intent and purposes of this chapter in accordance
with the general guidelines for the tax credit provided herein.
(f) Any motion picture production company applying for the credit shall be required to
reimburse the division of taxation for any audits required in relation to granting
the credit.