La. R.S. § 47:6022 - Digital interactive media and software tax credit
|Cite as:||La. R.S. § 47:6022|
|Currency:||Current with changes through the 2018 Third Extraordinary Legislative Session|
A. Short title. This Section shall be known and may be referred to as the "Louisiana Digital Media and Software Act".
B. Purpose. The primary objective of this Section is to encourage development in Louisiana of a strong capital base for the production of digital interactive media products and platforms in order to achieve a more independent, self-supporting industry. This objective is divided into immediate and long-term objectives as follows:
(1) Immediate objectives are to:
(a) Attract private investment for the production of digital interactive media products and platforms in this state.
(b) Develop a tax infrastructure which encourages private investment. This infrastructure will provide for state participation in the form of tax credits to encourage investment in state-certified productions.
(c) Develop a tax infrastructure utilizing tax credits which encourage investments in multiple state-certified productions.
(2) Long-term objectives are to:
(a) Encourage increased employment opportunities within this sector and increased competition with other states in fully developing economic development options within digital interactive media products and platforms.
(b) Encourage new education curricula in order to provide a labor force trained in all aspects of digital interactive media.
(c) Encourage partnerships between digital interactive media developers and Louisiana educational institutions.
C. Definitions. For the purposes of this Section:
(1) "Base investment" means 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, as defined in this Section.
(2) "Component parts", with respect to digital interactive media, means all elements that are integral to the functioning or development of such products and platforms. Some examples of "component parts" are software, computer code, image files, music files, audio files, video files, scripts and plays, concept mock-ups, software tools, and testing procedures. Component parts 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.
(3) "Department" means the Louisiana Department of Economic Development.
(a) "Digital interactive media" means products or platforms that are intended for commercial production, use, or distribution; that contain at least two of the following types of data: text, sound, fixed images, animated images, video, or 3D geometry; and that have all of the following three characteristics:
(i) "Digital" means a system that uses discrete (discontinuous) values ordinarily symbolized numerically to represent information for input, processing, transmission, and storage. A digital system would be contrasted with an "analog" system which uses a continuous range of values to represent information. The term "digital" includes, but is not limited to information input, processed, transmitted and stored via the Internet.
(ii) "Interactive" means a digital media system for inputting, processing, transmitting, or storing information or data in which users of the system are able to respond to the digital media system by inputting, transmitting, processing, or storing information or data in response to the information or data provided to them through the digital media system. "Digital media system" means communications delivered via electronic energy where the information stored, transmitted, or received is in digital form.
(iii) "Media" means communication tools used to store, transmit, distribute, and deliver information and data. The term "media" includes methods and mechanisms for information distribution through, but not limited to distributed networks, such as the Internet, and through compact disc, CD-ROM, various types of DVD, and other removable storage drives and devices.
(b) Some examples of digital interactive media are:
(i) Video or interactive games.
(ii) Simulation software.
(iii) Interactive educational or training products.
(iv) Internet sites designed and developed as social media.
(v) Software applications that provide connectivity and communications between mobile devices and digital interactive media web platforms.
(vi) Technology designed to stream live or pre-recorded video content over the Internet to large simultaneous audiences.
(c) "Digital interactive media" shall not include:
(i) Software development designed and developed primarily for internal or operational purposes of the company.
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