Okla. Stat. tit. 68, § 68-3624

A. There is hereby created the Oklahoma Film Enhancement Rebate

Program. A rebate in the amount of up to seventeen percent (17%) of

documented expenditures made in Oklahoma directly attributable to

the production of a film, television production, or television

commercial, as defined in Section 3623 of this title, in this state,

may be paid to the production company responsible for the

production. Provided, for documented expenditures made after July

1, 2009, the rebate amount shall be thirty-five percent (35%),

except as provided in subsection B of this section.

B. The amount of rebate paid to the production company as

provided for in subsection A of this section shall be increased by

an additional two percent (2%) of documented expenditures if a

production company spends at least Twenty Thousand Dollars

($20,000.00) for the use of music created by an Oklahoma resident

that is recorded in Oklahoma or for the cost of recording songs or

music in Oklahoma for use in the production.

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C. The rebate program shall be administered by the Oklahoma

Film and Music Office within the Oklahoma Department of Commerce and

the Oklahoma Tax Commission, as provided in the Compete with Canada

Film Act.

D. To be eligible for a rebate payment:

1. The production company responsible for a film, television

production, or television commercial, as defined in Section 3623 of

this title, made in this state shall submit documentation to the

Oklahoma Film and Music Office of the amount of wages paid for

employment in this state to residents of this state directly

relating to the production and the amount of other production costs

incurred in this state directly relating to the production;

2. The production company has filed or will file any Oklahoma

tax return or tax document which may be required by law;

3. Except major studio productions, the production company

shall provide the name of the completion guarantor and a copy of the

bond guaranteeing the completion of the project or if a film has not

secured a completion bond, the production company shall provide

evidence that all Oklahoma crew and local vendors have been paid and

there are no liens against the production company pending in the

state;

4. The minimum budget for the film shall be Fifty Thousand

Dollars ($50,000.00) of which not less than Twenty-five Thousand

Dollars ($25,000.00) shall be expended in this state;

5. The production company shall provide evidence of financing

for production prior to the commencement of principal photography;

and

6. The production company shall provide evidence of a

certificate of general liability insurance with a minimum coverage

of One Million Dollars ($1,000,000.00) and a workers' compensation

policy pursuant to state law, which shall include coverage of

employer's liability.

E. A production company shall not be eligible to receive both a

rebate payment pursuant to the provisions of Section 3621 et seq. of

this title and an exemption from sales taxes pursuant to the

provisions of paragraph 23 of Section 1357 of this title. If a

production company has received such an exemption from sales taxes

and submits a claim for rebate pursuant to the provisions of the

Compete with Canada Film Act, the company shall be required to fully

repay the amount of the exemption to the Tax Commission. A claim

for a rebate shall include documentation from the Tax Commission

that repayment has been made as required herein or shall include an

affidavit from the production company that the company has not

received an exemption from sales taxes pursuant to the provisions of

paragraph 21 of Section 1357 of this title.

F. The Office shall approve or disapprove all claims for rebate

and shall notify the Tax Commission. The Tax Commission shall, upon

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1401
erein or shall include an

affidavit from the production company that the company has not

received an exemption from sales taxes pursuant to the provisions of

paragraph 21 of Section 1357 of this title.

F. The Office shall approve or disapprove all claims for rebate

and shall notify the Tax Commission. The Tax Commission shall, upon

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1401

notification of approval from the Oklahoma Film and Music Office,

issue payment for all approved claims from funds in the Oklahoma

Film Enhancement Rebate Program Revolving Fund created in Section

3625 of this title. Excluding any rebate payments to high impact

productions as provided for in subsection G of this section, the

amount of claims prequalified and approved by the Office for any

single fiscal year shall not exceed Eight Million Dollars

($8,000,000.00). If the amount of approved claims exceeds the

amount specified in this subsection in a fiscal year, payments shall

be made in the order in which the claims are approved by the Office.

If an approved claim is not paid in whole or in part, the unpaid

claim or unpaid portion may be paid in the following fiscal year

subject to the limitations specified in this subsection. The

liability of the State of Oklahoma to make incentive payments

pursuant to this act shall be limited to the balance of the Oklahoma

Film Enhancement Rebate Program Revolving Fund.

G. 1. At the time the Oklahoma Film and Music Office issues a

conditional prequalification for a production, such prequalification

may include a proposed designation as a high impact production, as

defined in Section 3623 of this title.

2. The proposed designation must be approved by the Cabinet

Secretary for Commerce.

3. If the high impact production otherwise meets all of the

requirements of the Compete with Canada Act and the Office gives

final approval to rebate claims, such rebate claims shall not be

subject to the Eight Million Dollar ($8,000,000.00) cap provided for

in subsection F of this section.

4. The payment of a rebate claim approved by the Office for a

production designated as a high impact production by the Cabinet

Secretary may be made as follows:

a. by special appropriation to the Oklahoma Film

Enhancement Rebate Program Revolving Fund, if the

claim is approved during a regular or special session

of the Oklahoma Legislature, or

b. by payment from the Oklahoma Quick Action Closing Fund

pursuant to Section 48.2 of Title 62 of the Oklahoma

Statutes, if the claim is approved when the Oklahoma

Legislature is not in session.