2023 Senate Bill 438

Corporate income tax: credits; film incentive credit; restore.

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 701 and 703 (MCL 206.701 and 206.703), section 701 as amended by 2022 PA 148 and section 703 as amended by 2016 PA 158, and by adding sections 285 and 677.

Mackinac Center Analysis

Senate Bills 438 and 439, which were introduced with identical language to House Bills 4907 and 4908, would amend the Michigan Strategic Fund Act and the Income Tax Act, respectively, to create a transferrable income tax credit administered by the Michigan Film and Digital Media Office that would be available to companies that produce qualified productions in Michigan. The new program would repeal and replace the former Film and Digital Media Production Incentive, which was eliminated in 2015.

The bills would have taxpayers give media production companies up to 30 cents worth of corporate income tax credits for every dollar they spend in Michigan. Hollywood generates little tax liability in the state, but legislators would allow the tax credits to be sold to other businesses, allowing producers to cash in on the people of Michigan.

Subsidies for film production are an ineffective way to generate broad-based improvements in Michigan’s economy. Michigan spent $500 million on its previous film program, and the temporary increase in filmmaking jobs, which never amounted to more than a few hundred, disappeared when subsidies stopped.

The film subsidy bills add $2.075 billion in subsidies to be authorized over the next ten years. The bills are tie-barred together, meaning that neither can take effect unless both are enacted.

Introduced in the Senate

June 28, 2023

Introduced by Sen. Dayna Polehanki (D-5) and four co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Paul Wojno (D-10), Veronica Klinefelt (D-11) and Jeremy Moss (D-7)

Referred to the Committee on Economic and Community Development