The final regulations adopt regulations proposed in 2011, and remove corresponding temporary regulations. These regulations affect taxpayers that produce films and television productions within the United States.
Read the final regulations: T.D. 9603 [PDF 67 KB]
Temporary regulations (T.D. 9552) and, by cross-reference, proposed regulations (REG-146297-09) were issued in October 2011 under section 181 concerning the treatment of deductions relating to the cost of producing qualified film and television productions and to reflect provisions of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008.
Read about the temporary and proposed regulations: TaxNewsFlash-United States: Regulations concerning deductions of costs of post-2007 film and television productions
No comments were received in response to the proposed regulations, and no public hearing was requested or held.
The preamble to today’s final regulations states that the proposed regulations under section 181 are adopted, and the corresponding temporary regulations are removed.
The final regulations apply to qualified film and television productions to which section 181 applies and for which the first day of principal photography or in-between animation occurs on or after the date of the final regulations’ publication in the Federal Register—which is scheduled for Friday, December 7, 2012.
The final regulations also provide that the owner of a qualified film or television production may apply these final regulations to productions to which section 181 applies and for which principal photography or, for an animated production, in-between animation commenced before Friday, December 7, 2012.