FILM TAX CREDIT-PRODUCTIONS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5065

Introduced 2/10/2026, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

35 ILCS 5/222
35 ILCS 17/10-10
35 ILCS 17/10-20

Amends the Live Theater Production Tax Credit Act. Provides that a
pre-Broadway production must have a presentation scheduled for Broadway's
Theater District in New York City no later than 18 months after its
Illinois presentation (currently, must have a goal of having a
presentation scheduled for Broadway's Theater District in New York City
after its Illinois presentation). Provides that, if, in any State fiscal
year, less than $2,000,000 in credits are awarded for long-run productions
and pre-Broadway productions under the Act, then the difference between
$2,000,000 and the amount of credits awarded for long-run productions and
pre-Broadway productions in that fiscal year may be added to the
$2,000,000 in credits allowed to be awarded for commercial Broadway
touring shows in that State fiscal year. Amends the Illinois Income Tax
Act. Extends the sunset of the live theater production credit until
January 1, 2039 (currently, January 1, 2027). Effective immediately.
LRB104 17455 HLH 33845 b

A BILL FOR

HB5065
LRB104 17455 HLH 33845 b
1

AN ACT concerning revenue.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Income Tax Act is amended by
5
changing Section 222 as follows:

6

(35 ILCS 5/222)
7

Sec. 222.
Live theater production credit.

8

(a) For tax years beginning on or after January 1, 2012 and
9
beginning prior to
January 1, 2039,

January 1, 2027,
a
10
taxpayer who has received a tax credit award under the Live
11
Theater Production Tax Credit Act for a long-run production, a
12
pre-Broadway production, or a commercial Broadway touring show
13
is entitled to a credit against the taxes imposed under
14
subsections (a) and (b) of Section 201 of this Act in an amount
15
determined under that Act by the Department of Commerce and
16
Economic Opportunity.
17

(b) For taxable years ending before December 31, 2023, if
18
the taxpayer is a partnership, limited liability partnership,
19
limited liability company, or Subchapter S corporation, the
20
tax credit award is allowed to the partners, unit holders, or
21
shareholders in accordance with the determination of income
22
and distributive share of income under Sections 702 and 704
23
and Subchapter S of the Internal Revenue Code. For taxable

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1
years ending on or after December 31, 2023, if the taxpayer is
2
a partnership or Subchapter S corporation, then the provisions
3
of Section 251 apply.
4

(c) A sale, assignment, or transfer of the tax credit
5
award may be made by the taxpayer earning the credit within one
6
year after the credit is awarded in accordance with rules
7
adopted by the Department of Commerce and Economic
8
Opportunity.
9

(d) The Department of Revenue, in cooperation with the
10
Department of Commerce and Economic Opportunity, shall adopt
11
rules to enforce and administer the provisions of this
12
Section.
13

(e) The tax credit award may not be carried back. If the
14
amount of the credit exceeds the tax liability for the year,
15
the excess may be carried forward and applied to the tax
16
liability of the 5 tax years following the excess credit year.
17
The tax credit award shall be applied to the earliest year for
18
which there is a tax liability. If there are credits from more
19
than one tax year that are available to offset liability, the
20
earlier credit shall be applied first. In no event may a credit
21
under this Section reduce the taxpayer's liability to less
22
than zero.
23
(Source: P.A. 102-16, eff. 6-17-21; 103-396, eff. 1-1-24;
24
103-592, eff. 6-7-24.)

25

Section 10.
The Live Theater Production Tax Credit Act is

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1
amended by changing Sections 10-10 and 10-20 as follows:

2

(35 ILCS 17/10-10)
3

Sec. 10-10.
Definitions.
As used in this Act:
4

"Accredited theater production" means a for-profit live
5
stage presentation in a qualified production facility, as
6
defined in this Section, that is either (i) a pre-Broadway
7
production or (ii) a long-run production for which the
8
aggregate Illinois labor and marketing expenditures exceed
9
$100,000. For credits awarded under this Act on or after July
10
1, 2022, "accredited theater production" also includes any
11
commercial Broadway touring show. For credits awarded under
12
this Act on or after July 1, 2024, "accredited theater
13
production" also includes non-profit theater productions.
14

"Commercial Broadway touring show" means a production that
15
(i) is performed in a qualified production facility and plays
16
in more than 2 other markets in North America outside of
17
Illinois within 12 months of its Illinois presentation and
18
(ii) has Illinois production spending of not less than
19
$100,000, as shown on the applicant's application for the
20
credit.
21

"Pre-Broadway production" means a live stage production
22
that, (i) in its original or adaptive version, is performed in
23
a qualified production facility
and has

with the goal of
24
having
a presentation scheduled for Broadway's Theater
25
District in New York City
no later than 18 months
after its

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Illinois presentation and (ii) has Illinois production
2
spending of not less than $100,000, as shown on the
3
applicant's application for the credit.
4

"Long-run production" means a live stage production that
5
is performed in a qualified production facility for longer
6
than 8 weeks, with at least 6 performances per week, and
7
includes a production that spans the end of one tax year and
8
the commencement of a new tax year that, in combination, meets
9
the criteria set forth in this definition making it a long-run
10
production eligible for a theater tax credit award in each tax
11
year or portion thereof.
12

"Non-profit theater production" means a live stage
13
production that is at least 75 minutes in length with a written
14
script that (i) is produced by a 501(c)3 non-profit registered
15
in the State of Illinois for at least 5 years, (ii) has
16
Illinois production spending of not less than $10,000, as
17
shown on the applicant's application for the credit, and (iii)
18
has a minimum annual operating budget of $25,000 or more, as
19
shown on the applicant's application for the credit.
20

"Accredited theater production certificate" means a
21
certificate issued by the Department certifying that the
22
production is an accredited theater production that meets the
23
guidelines of this Act.
24

"Applicant" means a theater producer, owner, licensee,
25
operator, or presenter that is presenting or has presented a
26
live stage presentation located within the State of Illinois

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1
who:
2

(1) owns or licenses the theatrical rights of the
3

stage presentation for the Illinois production period; or
4

(2) has contracted or will contract directly with the
5

owner or licensee of the theatrical rights or a person
6

acting on behalf of the owner or licensee to provide live
7

performances of the production.
8

An applicant that directly or indirectly owns, controls,
9
or operates multiple qualified production facilities shall be
10
presumed to be and considered for the purposes of this Act to
11
be a single applicant; provided, however, that as to each of
12
the applicant's qualified production facilities, the applicant
13
shall be eligible to separately and contemporaneously (i)
14
apply for and obtain accredited theater production
15
certificates, (ii) stage accredited theater productions, and
16
(iii) apply for and receive a tax credit award certificate for
17
each of the applicant's accredited theater productions
18
performed at each of the applicant's qualified production
19
facilities.
20

"Department" means the Department of Commerce and Economic
21
Opportunity.
22

"Director" means the Director of the Department.
23

"Illinois labor expenditure" means gross salary or wages
24
including, but not limited to, taxes, benefits, and any other
25
consideration incurred or paid to non-talent employees of the
26
applicant for services rendered to and on behalf of the

HB5065
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LRB104 17455 HLH 33845 b
1
accredited theater production. To qualify as an Illinois labor
2
expenditure, the expenditure must be:
3

(1) incurred or paid by the applicant on or after the
4

effective date of the Act for services related to any
5

portion of an accredited theater production from its
6

pre-production stages, including, but not limited to, the
7

writing of the script, casting, hiring of service
8

providers, purchases from vendors, marketing, advertising,
9

public relations, load in, rehearsals, performances, other
10

accredited theater production related activities, and load
11

out;
12

(2) directly attributable to the accredited theater
13

production;
14

(3) limited to the first $100,000 of wages incurred or
15

paid to each employee of an accredited theater production
16

in each tax year;
17

(4) included in the federal income tax basis of the
18

property;
19

(5) paid in the tax year for which the applicant is
20

claiming the tax credit award, or no later than 60 days
21

after the end of the tax year;
22

(6) paid to persons residing in Illinois at the time
23

payments were made; and
24

(7) reasonable in the circumstances.
25

"Illinois production spending" means any and all expenses
26
directly or indirectly incurred relating to an accredited

HB5065
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LRB104 17455 HLH 33845 b
1
theater production presented in any qualified production
2
facility of the applicant, including, but not limited to,
3
expenditures for:
4

(1) national marketing, public relations, and the
5

creation and placement of print, electronic, television,
6

billboard, and other forms of advertising; and
7

(2) the construction and fabrication of scenic
8

materials and elements; provided, however, that the
9

maximum amount of expenditures attributable to the
10

construction and fabrication of scenic materials and
11

elements eligible for a tax credit award shall not exceed
12

$500,000 per applicant per production in any single tax
13

year.
14

"Qualified production facility" means a facility located
15
in the State in which live theatrical productions are, or are
16
intended to be, exclusively presented that contains at least
17
one stage, a seating capacity of 1,200 or more seats or, if the
18
live theater production is a non-profit theater production, a
19
seating capacity of 50 or more seats, and dressing rooms,
20
storage areas, and other ancillary amenities necessary for the
21
accredited theater production.
22

"Tax credit award" means the issuance to a taxpayer by the
23
Department of a tax credit award in conformance with Sections
24
10-40 and 10-45 of this Act.
25

"Tax year" means a calendar year for the period January 1
26
to and including December 31.

HB5065
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1
(Source: P.A. 102-1112, eff. 12-21-22; 103-592, eff. 6-7-24.)

2

(35 ILCS 17/10-20)
3

Sec. 10-20.
Tax credit award.
Subject to the conditions
4
set forth in this Act, an applicant is entitled to a tax credit
5
award as approved by the Department for qualifying Illinois
6
labor expenditures and Illinois production spending for each
7
tax year in which the applicant is awarded an accredited
8
theater production certificate issued by the Department. The
9
amount of tax credits awarded pursuant to this Act shall not
10
exceed $2,000,000 in any State fiscal year ending on or before
11
June 30, 2022. The amount of tax credits awarded pursuant to
12
this Act for the State fiscal year ending on June 30, 2023 or
13
the State fiscal year ending on June 30, 2024 shall not exceed
14
$4,000,000. For the State fiscal year ending on June 30, 2023
15
and the State fiscal year ending on June 30, 2024, no more than
16
$2,000,000 in credits may be awarded in either of those fiscal
17
years to accredited theater productions that are not
18
commercial Broadway touring shows, and no more than $2,000,000
19
in credits may be awarded in either of those fiscal years to
20
commercial Broadway touring shows. For State fiscal years
21
ending on or after June 30, 2025, the amount of tax credits
22
awarded under this Act shall not exceed $6,000,000, with no
23
more than $2,000,000 in credits awarded for long-run
24
productions and pre-Broadway productions, no more than
25
$2,000,000 in credits awarded for commercial Broadway touring

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1
shows, and no more than $2,000,000 in credits awarded for
2
non-profit theater productions.
If, in any State fiscal year,
3
less than $2,000,000 in credits under this Act are awarded for
4
long-run productions and pre-Broadway productions, then the
5
difference between $2,000,000 and the amount of credits
6
awarded for long-run productions and pre-Broadway productions
7
in that fiscal year may be added to the $2,000,000 in credits
8
allowed to be awarded for commercial Broadway touring shows in
9
that State fiscal year.

10

The $2,000,000 in credits that may be awarded for
11
non-profit theater productions under this Act in a State
12
fiscal year shall be allocated as follows:
13

(1) no credits may be awarded for non-profit theater
14

productions that have an annual operating budget of less
15

than $25,000;
16

(2) no more than $225,000 in credits may be awarded,
17

in the aggregate, for non-profit theater productions that
18

have an annual operating budget of $25,000 or more but
19

less than $250,000;
20

(3) no more than $225,000 in credits may be awarded,
21

in the aggregate, for non-profit theater productions that
22

have an annual operating budget of $250,000 or more but
23

less than $1,000,000;
24

(4) no more than $250,000 in credits may be awarded,
25

in the aggregate, for non-profit theater productions that
26

have an annual operating budget of $1,000,000 or more but

HB5065
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LRB104 17455 HLH 33845 b
1

less than $2,500,000;
2

(5) no more than $300,000 in credits may be awarded,
3

in the aggregate, for non-profit theater productions that
4

have an annual operating budget of $2,500,000 or more but
5

less than $5,000,000;
6

(6) no more than $300,000 in credits may be awarded,
7

in the aggregate, for non-profit theater productions that
8

have an annual operating budget of $5,000,000 or more but
9

less than $10,000,000; and
10

(7) no more than $700,000 in credits may be awarded,
11

in the aggregate, for non-profit theater productions that
12

have an annual operating budget of $10,000,000 or more.
13

Credits shall be awarded on a first-come, first-served
14
basis. Notwithstanding the foregoing, if the amount of credits
15
applied for in any fiscal year exceeds the amount authorized
16
to be awarded under this Section, the excess credit amount
17
shall be awarded in the next fiscal year in which credits
18
remain available for award and shall be treated as having been
19
applied for on the first day of that fiscal year.
20
(Source: P.A. 102-700, eff. 4-19-22; 102-1112, eff. 12-21-22;
21
103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.)

22

Section 99.
Effective date.
This Act takes effect upon
23
becoming law.

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