“Coming out of the pandemic and the strikes, the cost of making a film has inflated drastically, increasing the risk for investors.”ĭickersin started as an intern for Peggy Rajski on John Sayles’ Eight Men Out in 1987. “Independent filmmaking has developed so much, with budgets that exceed what the new world market can return, making it difficult for private equity to support the independents,” Dickersin said. An LLC provides that foundation.'Dicks: The Musical' Joins Festival Fare 'She Came To Me', 'The Royal Hotel', 'Strange Way Of Life' & More In Lively Indie Weekend - Specialty Preview
If you're serious about your project and want to raise money, you need to have a good foundation and cover yourself with liability and property protection from the beginning. Plus states may charge ongoing fees, such as an annual report or franchise taxes. And, as more investors and partners come on board, the operating agreement will often have to be updated, which also comes with costs.
Setting up an LLC is relatively inexpensive, but because the operating agreement is so important, that piece can be expensive, as producers will want individual attorneys to work together to create the document. How much does it cost to establish an LLC? “It's the document that sets out the major decisions on how to govern, how to make decisions within the company, what to do with investments." It can also detail how film profits are to be distributed. “There needs to be some thought put into the operating agreement," Sadig Romano adds. To file, choose a business name and registered agent, and you'll need to create an operating agreement. “You can typically have one set up based on the state within one to two business days," Sadig Romano says. It takes a little bit of pre-planning" to get those credits, explains Sadig Romano.įorming an LLC is relatively quick. “For example, you might have to have a C corp to be able to take advantage of certain tax credits. “A filmmaker must know where they plan on filming and having post-production because certain states are much more beneficial in tax credits." “It can vary by state," says Shaliz Sadig Romano, co-managing partner of Romano Law. Many filmmakers use state tax credits to finance a film, and having an individual LLC that deals with only one film allows for a smoother process. It's important for intellectual property rights and getting that limitation of liability early on." Do LLCs affect taxes? If you are at the phase where you are entering into contracts and bringing on investors, partners, and key allies, you should consider putting together an LLC, according to Sadig Romano. It winds up being much simpler and more straightforward accounting if each film is its own entity." “Frequently, back-end deals are structured slightly differently for each film. “Also, to work with the various film unions, e.g., Screen Actors Guild, there's extensive paperwork that includes LLC and chain-of-title information."īig actors and key crew members negotiate for a piece of the back end, and “it's much easier to keep track of that if the film has its own LLC," Mirvish notes. “To get distribution, each film must get errors and omissions insurance, and it's much cleaner to get that if all the potential liabilities are self-contained in one LLC," Mirvish says. “A film can continue eating revenue from sales for years after, and it is crucial that those are not mingled money from other films."Įach film project typically has different casts and crews, and the associated risks change with each film. “LLCs allow you to keep the accounting for each film separate, both when the investment comes in and when returns from the movie come back," adds Dena Hysell-Cornejo, a filmmaker, writer, producer, and director with Rumpus Room Productions. “Another reason to keep things separate is each film must show a separate chain of title, for example, showing who controls the copyright, and each film must show chain of title to distributors." If another film is a bomb, those investors lose," says Los Angeles-based filmmaker and author Dan Mirvish. “If one film is a hit, those investors make money. One reason to form an LLC for each movie project is to prevent commingling investors.