Five Deal Structures. One Practice. The Right Fit for You.

Every investor has different goals. We offer five distinct investment structures — from tax-advantaged equity to secured debt — and tailor each deal to your specific situation.

Choose Your Structure

Click to jump to the structure that interests you, or scroll through all five.

Section 181 Section 168(k) Reg D Allocation Senior Lending Tax Credit Lending

⚠️ Expired 12/31/2025 — CREATES Act Pending

Section 181 — Deduct the Purchase Price

How It Works

Under IRC Section 181, an investor purchases an ownership interest in a single-purpose entity (SPV) that holds the film’s copyright. The acquisition is structured as a combination of cash and a long-term purchase money note, with the specific split negotiated deal-by-deal based on the investor’s tax position and the film’s capital needs.

The investor immediately deducts the full purchase price of the film interest against ordinary income in the year of investment. This means the deduction can significantly exceed the cash outlay.

Example

On a $1M total purchase price, the investor takes an immediate $1M deduction against ordinary income. At a 37% marginal rate, that’s $370K in tax savings — often exceeding the investor’s out-of-pocket cash by a meaningful multiple.

Key Details

  • Investment Range: $50K – $5M
  • Structure: Cash + long-term purchase money note (negotiated per deal)
  • Tax Benefit: Immediate full deduction of purchase price
  • Profit Participation: 10–15% of net profits from all distribution channels
  • Legislative Status: Expired 12/31/2025. CREATES Act in committee would reinstate through 2030, doubling cap to $30M
  • Best For: High-income investors with large tax exposure seeking immediate deductions with upside participation

✅ Active — Permanent

Section 168(k) — Bonus Depreciation

How It Works

Section 168(k) provides 100% first-year bonus depreciation on qualified film production costs. Unlike Section 181, this applies to the actual production expenditures rather than the purchase price of an ownership interest.

The One Big Beautiful Bill Act (OBBBA) restored 100% bonus depreciation, making this structure fully active and available with no sunset provision.

Example

An investor contributes $500K to a qualified film production. The full $500K is deductible as bonus depreciation in year one. At a 37% marginal rate, that’s $185K in tax savings.

Key Details

  • Investment Range: $50K – $5M
  • Deduction Basis: Actual production expenditures
  • Tax Benefit: 100% first-year bonus depreciation
  • Revenue Participation: Yes
  • Legislative Status: Active and permanent under OBBBA
  • Best For: Investors seeking active, reliable tax-advantaged film investment without legislative risk

✅ Active — No Legislative Risk

Production Expense Allocation — Deduct the Budget

How It Works

Through a Regulation D offering, production expenses are allocated and passed through to investor members of the production entity. The investor’s share of qualified production expenses flows through on Schedule K-1, creating deductions against ordinary income.

This structure requires no leverage — the investor’s cash contribution directly funds production expenses that generate the deduction. The potential deduction multiplier can reach approximately 4x the cash invested, depending on deal structure and expense allocation.

Example

An investor contributes $250K cash. Their allocated share of production expenses totals $1M → $1M in pass-through deductions. At a 37% rate, that’s $370K in tax savings on a $250K cash investment — with no purchase money note required.

Key Details

  • Investment Range: $50K – $5M
  • Cash Requirement: Full cash contribution (no leverage)
  • Deduction Multiplier: Up to ~4x cash invested
  • Tax Benefit: Pass-through of allocated production expenses
  • Revenue Participation: Yes
  • Legislative Status: Active — based on existing tax code provisions, no sunset
  • Best For: Investors who want tax-advantaged returns without leverage or legislative uncertainty

✅ Active — Collateral-Backed

Senior Lending — Secured Returns

How It Works

Senior lending provides debt financing to film productions, secured against the film’s copyright and intellectual property. Loans are structured with conservative loan-to-value ratios — typically 85% against verified minimum guarantees (distribution pre-sales).

The investor holds a priority repayment position in the revenue waterfall. Returns are fixed and contractual, not dependent on the film’s box office or streaming performance exceeding projections.

Example

A film has $1.2M in verified minimum guarantees from distribution pre-sales. The investor lends $1M (83% LTV) at 25% interest. The loan is repaid directly from distribution revenues before any profit participants. The film’s commercial success or failure doesn’t affect the security — the MGs are contractual obligations.

Key Details

  • Investment Range: $250K – $5M
  • Returns: 20–25% (negotiable)
  • Security: Film copyright + intellectual property
  • LTV: 85% against minimum guarantees
  • Revenue Position: Senior/priority in waterfall
  • Risk Profile: Lower — secured against contractual revenues
  • Best For: Yield-seeking investors who want fixed returns with collateral protection, no tax play needed

✅ Active — State-Secured

Tax Credit Lending — State-Backed Returns

How It Works

Tax credit lending provides loans to productions secured against state film tax credits. When a production qualifies for a state tax incentive (e.g., Illinois, Georgia, New Mexico), that credit becomes the collateral for the loan.

The key advantage: the film doesn’t need to succeed commercially for the investor to be repaid. State tax credits are obligations of the state government — they’re paid regardless of the film’s market performance.

Example

A production qualifies for a $500K Illinois tax credit. The investor lends $450K (90% of credit value) at 15% interest. When the state issues the credit, the investor is repaid from those proceeds — independent of the film’s commercial outcome.

Key Details

  • Investment Range: $250K – $5M
  • Returns: 10–20% (negotiable)
  • Security: State film tax credits
  • Risk Profile: Lowest — state government obligation
  • Film Success Dependency: None — repayment from state credits
  • Best For: Conservative investors seeking yield with minimal film-industry risk

Side-by-Side Comparison

Structure Type Returns Risk Level Tax Benefit Status
Section 181 Tax Equity Varies + tax savings Moderate Full purchase price deduction ⚠️ Expired (CREATES Act pending)
Section 168(k) Tax Equity Varies + tax savings Moderate 100% bonus depreciation ✅ Active
Reg D Allocation Tax Equity Varies + tax savings Moderate ~4x expense pass-through ✅ Active
Senior Lending Secured Debt 20–25% (negotiable) Lower None (yield-focused) ✅ Active
Tax Credit Lending Secured Debt 10–20% (negotiable) Lowest None (yield-focused) ✅ Active

Ready to See the Full Numbers?

Request our CPA Package — everything your tax advisor needs to evaluate these structures independently.

Send Me the CPA Package Talk to Us First