Legal Question in Entertainment Law in California
California film investment
Is there currently a Tax Deductible investment procedure for private investors for independent film in California? Example: Can I get 10,000 from five people and have them be able to write it off? Thank you for your help and consideration.
1 Answer from Attorneys
Re: California film investment
Not really. An investor can write off a "loss", but can't generally take a deduction for an investment made, but for which there's still a possibility of a return.
Now, if you're operating as a nonprofit organization (i.e., a charity), you can take donations, which the donors can deduct on their tax returns... but this involves a lengthy process of securing your tax-exempt status from the IRS before you solicit the contributions.
This is complex stuff and implicates not only tax law, but also the Federal and State securities law.
It is IMPERATIVE that you consult experienced counsel before soliciting investment or donation for your film.
There are a number of antifraud provisions with which you must comply. Failure to do so can result in dire penalties.