Section 528.71 Approval/Denial of Tax Credit Certificate Request

TITLE 14: COMMERCE

CHAPTER I: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

PART 528 ILLINOIS FILM PRODUCTION SERVICES TAX CREDIT PROGRAM

SECTION 528.71 APPROVAL/DENIAL OF TAX CREDIT CERTIFICATE REQUEST

Section 528.71  Approval/Denial of Tax Credit Certificate

Request

a)         When

the applicant submits its request for a tax credit certificate, the Department

will review and verify the applicant's final diversity hiring numbers for crew,

vendors and talent to determine whether it met the goals outlined in its diversity

plan before issuing the tax credit certificate.

b)         In

the event the applicant fails to meet the goals of its diversity plan, the applicant

must then demonstrate it made good-faith efforts in attempting to achieve its

diversity goals in order for the tax credit certificate request to be

approved.  Good-faith efforts that the Department will consider include, but

are not limited to, documentation demonstrating that the applicant communicated

(written correspondence, phone call, email, meetings) with minority, woman, and

disabled vendors and applicable unions, as well as talent and workforce

agencies/entities.  The applicant may also submit any other documentation

demonstrating its good-faith attempts to the Department for consideration.  If

appropriate documentation is unavailable, then, within the Department's

discretion, the applicant may be permitted to submit an affidavit attesting to

its good-faith efforts.

c)

Beginning July 1, 2024, taxpayers who have

been awarded a tax credit under the Act shall pay to the Department, after

determination of the tax credit amount but prior to the issuance of a tax

credit certificate, a fee equal to 2.5% of the credit amount awarded to the

taxpayer under the Act that is attributable to wages paid to nonresidents, and

an additional fee equal to 0.25% of the amount generated by subtracting the

credit amount attributable to wages paid to nonresidents from the total credit

amount awarded to the taxpayer

e tax credit amount but prior to the issuance of a tax

credit certificate, a fee equal to 2.5% of the credit amount awarded to the

taxpayer under the Act that is attributable to wages paid to nonresidents, and

an additional fee equal to 0.25% of the amount generated by subtracting the

credit amount attributable to wages paid to nonresidents from the total credit

amount awarded to the taxpayer.

[35 ILCS 16/46]

d)         No tax credit certificate shall be issued by

the Department until the total fees owed according to Section 528.71(c) have

been received by the Department.  [35 ILCS 16/46]