La. Admin. Code tit. 61 § I-6765
3D Geometry-electronic media representations, three dimensional representations of geometric data for the purposes of rendering 2D image and performing calculations.
Animated Images-electronic media representation of images that comprise a series of chronological fixed images.
Base Investment-the actual funds expended in Louisiana by a state-certified production as production-related costs for design or development of digital interactive media, including costs for payroll and component parts.
Commercial Distribution-distribution of digital content from producer to consumer. Examples may include but not be limited to physical distribution of DVDs from a store front retailer or digital distribution of content, streamed or downloaded via the internet.
Commercial Release-the date when the product is first commercially available for sale to or use by the general public, typically after beta testing or similar quality control testing by a limited number of users.
Company-an entity authorized to do business in the state of Louisiana, engaged in the business of producing digital interactive media as defined in this Section. Company shall not mean or include any company owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on a loan made by the state or a loan guaranteed by the state, nor with any company or person who has ever declared bankruptcy under which an obligation of the company or person to pay or repay public funds or monies was discharged as part of such bankruptcy.
Component Parts-all elements that are integral to the functioning or development of such products and platforms. Some examples may be, but are not limited to: software, computer code, image files, music files, audio files, scripts and plays, concept mock-ups, software tools, and testing procedures. Shall also include, but not be limited to: computer servers, workstations, server racks, hard drives, optical drives, monitors, keyboards, integrated video and audio equipment, networking routers, switches, network cabling, and any other computer-related hardware necessary to create or operate a digital interactive media product or platform. Create or operate refers to the creation or operation of the digital platform or product and does not refer to the creation or operation of the parent company
Department-Department of Economic Development.
Digital Content-intellectual property that is published or distributed via a digital media platform or product, including but not limited to software, computer code, image files, music files, audio files, video files, text, data, and streaming video.
Digital Interactive Media-products or platforms that are:
Digital Media Products or Platforms-the basic infrastructure that allows various media file types to coexist in an integrated, customized content loop:
Director-the director of Digital Media, who is the designee of the secretary of the Department of Economic Development.
Electronic Media-tools used to store, transmit, and receive digitized information that utilizes electronics or electromechanical energy to access the content.
Expended in Louisiana-an expenditure to lease immovable property located within the state; and expenditure as compensation for services performed in the state; or an expenditure to purchase or lease tangible personal property within the state where the transaction is subject to the state sales or lease tax provisions of Title 47 of the Revised Statutes of 1950. A transaction that is subject to the state sales or lease tax provisions of Title 47 of the Revised Statutes of 1950 shall include transactions which are also subject to a statutory exclusion or exemption.
Expenditure-actual payment of cash or cash equivalent for goods or services, as evidenced by an invoice, receipt or other such document. Cash or cash equivalent transactions may include but not be limited to: commercial or bank financed loans, actual physical transfer of coins and banknotes, other forms of transmission that will turn into cash very quickly, including written checks, credit cards, bank debit cards, and bank wire transfers. However, the receipt of a promissory note, the creation of an account receivable, or the sending of a customer invoice are not, by themselves, evidence of an expenditure. Owner-financed transactions will only qualify as an expenditure when actual cash or cash equivalent payments are made.
Fixed Images-electronic media representation in two dimensions that are static.
Indirect Costs-not direct production related costs. Costs of operation that are not directly associated with a specific production, such as clerical salaries and general administrative costs.
Interpersonal Communication Services-websites and other digital media that are primarily for the purposes of exchanging personal or business information, photos or news. Examples of this may be, but are not limited to: those listed in R.S. 47:6022(C)(4), web logs, product websites, social networking websites, video conferencing, internet telephony and instant messaging platforms.
Office-Office of Entertainment Industry Development.
Payroll-includes all salary, wages and other compensation sourced or apportioned to Louisiana, and federal payroll taxes such as the employers portion of FICA/FUTA and workers compensation insurance costs to the extent purchased from a source within the state. Fringe Benefits including health care costs, 401K contributions, dental plans, and life insurance will be considered if these costs are paid by the employer and costs are apportioned to services performed in Louisiana on a certified project.
Person-a natural person, corporation, partnership, limited partnership, limited liability company, joint venture, trust, estate or association.
Production Expenses-preproduction and production expenditures in the state directly relating to and proportionate with work performed in Louisiana on a state-certified production. In qualifying submitted expenditures as production-related costs, LED may determine whether such expenditures represent legitimate expenditures for the actual cost of related goods or services, having economic substance and a business purpose related to the certified production, and not constructive dividends, self-dealing, inflated prices or similar transactions entered into for the purpose of inflating the amount of tax credits earned rather than for the benefit of the production. See §1668 for detailed illustrative examples of eligible and ineligible expenditures commonly associated with digital interactive media projects.
Resident or Resident of Louisiana-a natural person and, for the purposes of determining eligibility for the tax incentives provided by this section, any person domiciled in the state of Louisiana and any other person who maintains a permanent place of abode within the state and spends in the aggregate more than six months of each year within the state. Payments made to employees with an H-1B temporary visa or independent contractors issued 1099 tax forms, shall not be considered payments to Louisiana residents for the purposes of calculating the additional Louisiana resident payroll credit.
Secretary-secretary of the Department of Economic Development.
Source within the State-a physical facility in Louisiana, operating with posted business hours and employing at least one full-time equivalent employee.
State-Certified Production-a digital interactive media production, or a component part thereof, approved by the office.
Tax Credit-digital interactive media and software development tax credit.
Transferee-an individual or entity that receives a transfer of investor tax credits.
Transferor-an individual or entity that makes a transfer of an investor tax credit.
La. Admin. Code tit. 61, § I-6765