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Missouri’s Entertainment Industry Jobs Act: A Growing Opportunity for the Live Music Industry

By Samantha S. Crawford, Marketing & Business Development Director

Read In 8 minutes

Missouri’s Entertainment Industry Jobs Act Tax Credit Program is designed to expand the state’s live-music manufacturing industry by encouraging touring musical artists and concert tour management companies to rehearse, spend, and perform in Missouri. Enacted in 2023 and effective beginning in 2024, the program provides qualifying taxpayers with a credit equal to 30% of qualified […]

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Missouri’s Entertainment Industry Jobs Act Tax Credit Program is designed to expand the state’s live-music manufacturing industry by encouraging touring musical artists and concert tour management companies to rehearse, spend, and perform in Missouri. Enacted in 2023 and effective beginning in 2024, the program provides qualifying taxpayers with a credit equal to 30% of qualified rehearsal and tour expenses, subject to program requirements and applicable limits.

For entertainment businesses generating significant eligible Missouri expenditures, the incentive can provide a meaningful financial benefit. Because qualifying credits are transferable, businesses that cannot efficiently use the full credit against their own Missouri income tax liability may also have an opportunity to monetize the credit by selling or assigning it to another Missouri taxpayer.

How the Entertainment Industry Jobs Act Works

The program is specifically focused on Missouri’s live-music rehearsal and touring industry. Eligibility is restricted to a musical performer or performers, or a concert tour management company of a musical performer or performers, that is subject to Missouri income tax.

To meet the program’s minimum rehearsal and tour requirements, an applicant must:

  • Purchase or rent at least $1 million of concert tour equipment, related services, or both from Missouri vendors for use in the rehearsal, on the tour, or both.
  • Rehearse for at least 10 days at a qualified Missouri rehearsal facility.
  • Hold at least two qualifying concerts in Missouri.

For this program, a qualifying “concert” is a ticketed live performance of music in the physical presence of at least 1,000 people who view the performance live, with individual tickets offered for sale to the public.

The rehearsal requirement is also specific: the rehearsal must take place at a facility meeting Missouri’s detailed statutory definition of a “qualified rehearsal facility.” Among other criteria, the facility must include at least 12,500 square feet of column-free rehearsal space and satisfy specified investment, grid, height, access, security, support-space, and employment requirements. A facility at which concerts are regularly held does not qualify.

Applicants must also satisfy administrative eligibility requirements, including registration as a Missouri taxpayer, maintaining good standing with the Missouri Secretary of State when registration is required, having a Missouri Tax ID number, being current on Missouri taxes, and enrolling in E-Verify.

The credit generally equals 30% of the taxpayer’s qualifying base investment. Individual awards are limited according to the amount of the taxpayer’s base investment:

  • Less than $4 million: maximum award of $1 million.
  • At least $4 million but less than $8 million: maximum award of $2 million.
  • $8 million or more: maximum award of $3 million.

The program has a standard cap of $8 million in tax credits per fiscal year. If the amount of tax credits applied for exceeds the $8 million cap, the Missouri Department of Economic Development may, at its discretion, authorize up to an additional $2 million in that fiscal year. Any additional amount authorized reduces the following fiscal year’s cap by the same amount.

What Expenses May Qualify?

Qualified rehearsal and tour expenses can extend well beyond equipment purchases. Depending on the facts and program requirements, eligible categories may include payroll, staging, lighting, wardrobe, vehicle leasing, transportation, qualifying insurance, food and lodging, equipment purchases or rentals, rehearsal-facility rent, marketing or advertising for Missouri tour venues, merchandise purchased from Missouri vendors for use on the tour, and certain support services.

Not every dollar of an otherwise related expense necessarily qualifies. For example, when calculating total aggregate payroll, the portion of an individual employee’s salary exceeding $2 million in the aggregate for a single tour is excluded. Businesses should review the statutory definitions and current DED guidance when determining which costs may be included.

Turning Missouri Spending Into a Financial Asset

For touring artists and entertainment businesses, the program can affect the economics of deciding where to rehearse, source equipment, hire workers, and conduct tour-related activities.

For example, if a qualifying taxpayer has a $5 million base investment consisting entirely of qualified expenses, a 30% credit would equal $1.5 million. Because a $5 million base investment falls within the $4 million to less-than-$8 million tier, that amount would also fall below the $2 million individual award cap for that tier. Actual credits remain subject to DED approval, program availability, final verification of qualified expenses, and all applicable program requirements.

That potential benefit can help offset a portion of the cost associated with rehearsing and touring through Missouri. Importantly, the value of the incentive is not limited to businesses with enough Missouri income tax liability to use the entire credit themselves.

How Tax Credit Monetization Works

Under current program guidelines, up to 100% of an Entertainment Industry Jobs Act tax credit may be transferred, sold, or assigned to another Missouri taxpayer. This creates a potential path for an eligible credit holder to convert a tax asset into cash rather than relying solely on its own Missouri income tax liability.

The guidelines provide that credits may not be transferred or sold for less than 60% of their value. The credits are nonrefundable and may be carried forward for five succeeding tax years or until the full credit has been claimed, whichever occurs first. Transferring a credit does not extend the period in which the credit may be redeemed.

To transfer a credit, the transferor must submit written notification of the transfer, using Missouri Form MO-TF, to both the Missouri Department of Economic Development and the Missouri Department of Revenue within 30 days of the transfer.

Timing Matters

Businesses considering the program should evaluate eligibility before Missouri rehearsals begin. A complete preliminary application and required supplemental documents must be submitted to the Missouri Film Office before the first day of rehearsal in Missouri. The preliminary application includes projected rehearsal dates, projected tour dates, and an Estimated Qualified Expenses Worksheet.

After preliminary approval, the applicant must begin rehearsals within 90 days of the rehearsal start date stated in the preliminary application. Failure to do so can result in forfeiture of the preliminary approval.

After preliminary approval and completion of the required rehearsal and tour schedules, the applicant must submit a final application. Current guidance requires the final application and accompanying materials to be submitted within 120 days of the last qualified expense incurred in Missouri or within 120 days of the last payroll distribution to Missouri residents for qualifying services, whichever is later.

Following approval of the final application and verification of the final qualified spend, the applicant is invoiced for an issuance fee equal to 2.5% of the tax credit amount. The tax credit certificate is issued after the fee is paid.

How Fallbrook Financial Services Can Help

Generating a tax credit is only one part of the equation. For businesses that would rather convert transferable credits into cash, effectively navigating the monetization process can be just as important.

Fallbrook Financial Services’ tax credit experts can help eligible credit holders evaluate and monetize transferable state tax credits.

Fallbrook works with tax credit sellers and buyers to help facilitate the monetization of transferable tax credits. For an entertainment company earning Missouri Entertainment Industry Jobs Act credits, that may include helping navigate the transaction process, coordinating documentation, and working toward an efficient closing.

Tax credit monetization can be particularly valuable for touring artists, management companies, and other qualifying businesses that generate a significant credit but do not anticipate having sufficient Missouri income tax liability to use the full amount themselves.

For more information about monetizing film and entertainment-related tax credits, visit VirtualFilmOffice.com.

A Growing Opportunity for Live Entertainment Businesses

Missouri’s Entertainment Industry Jobs Act creates an incentive for the live-music industry to bring meaningful rehearsal, touring, and related economic activity into the state. For qualifying musical performers and concert tour management companies, the combination of a 30% credit rate, individual awards of up to $3 million, and transferability makes the program worth evaluating early in the planning process.

This program should not be confused with Missouri’s separate Motion Media Production Tax Credit Program, which applies to qualifying film, episodic, commercial, stand-alone post-production, and other motion-media projects. The Entertainment Industry Jobs Act is specifically designed for qualifying live-music rehearsal and touring activity.

Under current law, the Entertainment Industry Jobs Act program is scheduled to sunset on December 31, 2030 unless reauthorized by the Missouri General Assembly. The statute also contains a contingent early-termination provision tied to the termination or lapse of comparable music or performance entertainment incentives in all other U.S. state and local governments.

Companies considering Missouri for rehearsals or tour activity should assess the program before incurring expenses and develop a strategy not only for qualifying for the credit, but also for determining how the resulting tax asset will ultimately be used or monetized.

Sources

Disclaimer

This article is provided for informational purposes only and does not constitute tax, legal, accounting, investment, or financial advice. Tax credit laws, regulations, program funding, eligibility requirements, application procedures, transferability rules, and other program provisions are subject to change. The availability and value of any tax credit depend on the specific facts and circumstances of each taxpayer and transaction. Prospective applicants, sellers, and purchasers should consult their own tax, legal, and accounting advisors and review current guidance from the Missouri Department of Economic Development, Missouri Film Office, and Missouri Department of Revenue before taking action. Fallbrook Financial Services does not guarantee eligibility for, issuance of, or the ability to monetize any tax credit.

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