Section 168(k) and Motion Picture Film Investments: When Your Investment Gets a Screen Credit

By |2026-08-27T12:45:38-07:00August 27, 2026|Categories: Tax Strategy|Tags: , , , |0 Comments
Start Here: A provision of the federal tax code better known for equipment purchases and other business property can also apply to qualified motion picture productions. Under current federal law, Section 168(k) of the Internal Revenue Code provides 100 percent bonus depreciation for qualified property acquired after Jan. 19, 2025, subject to applicable requirements. Congress includes certain qualified film and television productions within that provision. For investors participating through a pass-through structure, depreciation claimed by the entity may result in losses allocated to them. The amount an investor can actually deduct depends on the investment structure and that investor’s tax circumstances. Here, we explain how the opportunity works, when a film qualifies, why release timing deserves attention, and what to examine before investing.

Imagine sitting at home on Oscar night as the final award is announced. The winning film’s actors begin making their way to the stage. The director follows, along with producers and other members of the cast and crew. While the director accepts the award and the lead actor smiles for the cameras, you spot a guy standing near the edge of the group who looks surprisingly familiar.

It takes you a moment to place him. Then you remember. You were paired together in a foursome at a charity golf tournament a few years ago. You spent most of an afternoon together, talked between shots, had dinner and drinks afterwards, and haven’t seen or spoken with him since. As far as you knew, he had nothing to do with the movie business. Yet there he stands among the people celebrating the biggest award of the evening because he invested in the film.

Seeing him on that stage might make you wonder whether film investing only makes sense when a project looks destined for awards season. It doesn’t. A film production can potentially qualify for Section 168(k) treatment from the IRS without ever becoming a critically acclaimed movie or a box-office hit. A horror film, comedy, drama, romantic comedy, or even a modest independent production may qualify when it satisfies the federal tax requirements. As with any project as an investor, you still need to evaluate the project as an investment, including the possibility of losing money.

The tax angle begins with a part of the Internal Revenue Code that many investors have encountered in a very different context.

What Does Section 168(k) Have to Do With a Movie?

Business owners and real estate investors may already know about bonus depreciation from equipment purchases and cost-segregation studies, as well as other investments involving depreciable property. Section 168(k) of the Internal Revenue Code (IRC) allows an additional first-year depreciation deduction for qualified property. In July 2025, H.R. 1 (the One, Big, Beautiful Bill Act – OBBBA) amended the provision and permanently established a 100 percent additional first-year depreciation deduction for qualified property acquired after Jan. 19, 2025. Internal Revenue Service (IRS) Notice 2026-11 provides guidance for applying the amended rules.

Understanding Bonus Depreciation: When a business entity invests in certain types of property, federal tax law generally allows the cost of that property to be deducted through depreciation. Those deductions may otherwise occur over a period of years. Bonus depreciation can accelerate the deduction, allowing qualifying costs to be deducted much sooner. Under the current Section 168(k) rules, qualifying property may be eligible for 100 percent depreciation in the year it is placed in service. Certain qualified film and television productions can fall within these rules.

Motion pictures occupy an unusual place within those rules. Section 168(k) specifically includes a “qualified film, television or live theatrical production” within the definition of qualified property when the applicable requirements have been met. Congress first brought qualified film and television productions into Section 168(k) through the Tax Cuts and Jobs Act of 2017, and the current statute retains that treatment.

That creates a potential tax planning opportunity when an investor participates in a qualifying production through an entity taxed as a partnership. The entity may claim depreciation on eligible production costs, and the resulting tax items may flow through to its partners. An investor could therefore receive an allocation associated with bonus depreciation from an asset that looks very different from the machinery, vehicles, or other business property commonly associated with depreciation.

The word “potential” deserves attention because several things have to happen before a projected deduction becomes useful on an investor’s federal income tax return: Continue reading… Continue reading… Continue reading…

Prediction Markets: Is It Gambling and How Are Your Winnings Taxed

Start Here: Prediction markets allow you to put money behind your expectations about future events, but how the resulting gains and losses should be taxed remains unsettled. Depending on the contract, prediction-market activity could potentially be treated as wagering or as an investment transaction, with very different tax consequences. Here, we explain the possible federal tax treatments, including why new wagering-loss limits taking effect in 2026 make the distinction especially important. We also cover what records to keep and what you may want to discuss with your tax planning partner while the IRS has yet to provide specific guidance.

You’d be hard pressed to miss the television, radio, podcast, and online advertisements for prediction markets. Platforms such as Kalshi, Polymarket, and FanDuel Prediction Markets (aka FanDuel Predicts) have leaned heavily on celebrity endorsements.

These include such notables as record producer Rick Rubin, basketball player Giannis Antetokounmpo, actor Timothee Chalamet, golfer Bryson DeChambeau, and soccer player Lionel Messi.

It’s almost as if the prediction markets themselves are betting that star power will attract more customers willing to parley. These wagers target everything from political races and moon landings to interest-rate cuts, inflation, and breakthroughs in cancer research.

Of course, wagering on future events is nothing new. People have been putting money behind their predictions for centuries. What is new is the ability to pull out your phone, open an account, and buy a contract based on whether an event will happen.

And that’s where things get interesting from a tax perspective.

Prediction markets may look and feel like gambling. Legally, however, some prediction-market contracts are structured and regulated as financial derivatives. That leaves taxpayers with a surprisingly difficult question:

  • When you make money in a prediction market, did you win a bet, earn a capital gain, profit from a futures contract, or something else entirely?

Right now, the answer isn’t as clear as you might expect.

First Things First: What’s a Prediction Market?

A prediction market allows people to trade contracts based on the outcome of a future event. Suppose a contract asks whether the Federal Reserve will cut interest rates at its next meeting. You believe it will, so you buy a “yes” contract.

Prediction-market contracts commonly trade between $0 and $1. If the “yes” contract trades for $0.70, you can think of the market as roughly pricing a 70 percent probability that the event will occur. If it happens, the winning contract generally settles for $1. If it doesn’t, the contract settles for nothing. Continue reading… Continue reading… Continue reading…

The Tax Implications of Transferring Property to a Business Entity

By |2026-08-04T13:36:54-07:00August 4, 2026|Categories: Real Estate, Tax Planning|Tags: , , , |0 Comments

When forming a new business or funding an existing business, you may think it’s a good idea to transfer assets to the business entity in exchange for ownership interest (i.e., transferring property to a business entity for shares in the company).

You may also be thinking about transferring certain liabilities (debt) to the entity. Transactions such as these are common, but the way you structure them can have serious tax implications. Sometimes, they trigger immediate taxation. Sometimes, they don’t.

The rules vary dramatically depending on whether you’re dealing with a C corporation, S corporation, partnership, or limited liability company (LLC) taxed as a partnership. The wrong choice, or simply structuring the transaction incorrectly, could leave you with an unexpected tax bill.

In this post, we explain what you need to know before you transfer assets or liabilities to a business entity.

Transferring Property Tax-Free: Tax Rules for Transferring Property to a Business Entity

If you’re wondering whether you can transfer property into a business without immediately recognizing taxable gain, the short answer is yes. But whether a given transaction qualifies for favorable tax treatment depends largely on the type of entity with which you are dealing:

  • Corporation (that can be either a C corp. or S corp.)
  • Partnership (GP, LP, LLP),
  • Limited Liability Company (LLC) taxed as a partnership

Regardless of the type of business entity, the objective is to complete the transfer without triggering immediate taxation.

Transferring Property to a Corporation

If you’re transferring property to a C corp. or S corp., you generally qualify for tax-free treatment only if the people contributing the property collectively own at least 80 percent of the corporation immediately after the transfer. Specifically, the individual or the group contributing the property must collectively own: Continue reading… Continue reading… Continue reading…

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