Kentucky Film Tax Credit

Charles HirschhornBy Charles HirschhornSeptember 14, 20264 min readLast verified September 14, 2026

Quick answer

The Kentucky Entertainment Incentive is a refundable, nontransferable tax credit. Outside enhanced incentive counties it pays 30% of qualifying expenditures and nonresident payroll and 35% of resident payroll. Productions filmed entirely in an enhanced incentive county, and continuous film productions anywhere in the state, earn 35% on everything. Above-the-line pay counts up to $1 million per person, the annual cap is $75 million, and out-of-state features need $400,000 in Kentucky spend.

On this page
  1. Rates after SB 324
  2. Worked example: a $1,000,000 feature in Louisville
  3. Application and audit
  4. Common disallowances
  5. How Kentucky compares

Program at a glance

Program
Kentucky Entertainment Incentive (KEI) Program
Incentive type
Refundable tax credit
Base rate
30% of qualified spend
Uplifts
35% on resident payroll anywhere in the state; 35% on all qualifying spend and payroll for productions filmed entirely in an enhanced incentive county and for continuous film productions ($10 million or more in Kentucky spend).
Headline range
30% to 35%
Minimum spend
$400,000
Per-project cap
None
Annual program cap
$75,000,000
Qualifying spend
Purchases from Kentucky vendors with a physical in-state location and a resident employee, plus payroll for work performed in Kentucky, including employer payroll taxes, union and guild benefits, workers' comp, Kentucky payroll service fees, and per diems at GSA rates. Above-the-line payroll counts up to $1,000,000 per person per production.
Resident labor rules
Resident payroll earns 35% instead of 30% outside enhanced incentive counties. Residency is proven with a Kentucky driver's license, state ID, or other Kentucky-issued ID. Loan-outs must be registered with the Kentucky Secretary of State.
How to apply
File with the Kentucky Film Office before incurring any expenditure you want credited. The office reviews and forwards the application to the Cabinet for Economic Development and the Kentucky Film Leadership Council, which approves a tax incentive agreement. Filming must begin within 180 days of approval, and a certified audit is due within 180 days of completing production.

Last verified September 14, 2026 against the sources listed below. Programs change with each legislative session, so confirm with the film office before you lock a budget. This is general information, not tax advice.

Kentucky's credit is refundable, which makes it simpler than most. You don't need a buyer or a Kentucky tax bill: the Department of Revenue calculates the credit from your audited cost report, and anything above your tax liability comes back as a refund. The tradeoff is paperwork. The 2026 guidelines ask for service-date logs, call sheets, and hotel records proving each person was physically in Kentucky on the days you claim.

Rates after SB 324

The General Assembly amended the program in 2026 with Senate Bill 324 (Acts Chapter 194, signed April 23, 2026). The rate structure in KRS 154.61-020 now reads:

Where and whatQualifying expendituresResident payrollNonresident payroll
Any county other than an enhanced incentive county, and all commercials30%35%30%
Filmed entirely in an enhanced incentive county35%35%35%
Continuous film production (Kentucky spend of $10M or more), any county35%35%35%

Above-the-line payroll counts up to $1,000,000 per employee in every row. If you shoot partly in an enhanced county and partly elsewhere, you track expenditures by county and each dollar earns the rate for where it was spent.

The same bill raised the minimums. An out-of-state company making a feature, TV program, industrial film, video game, or music video now needs $400,000 in combined qualifying expenditures and payroll (it was $250,000). A Kentucky-based company needs $200,000 (up from $125,000). Commercials need $200,000 regardless, and documentaries need $20,000 ($10,000 for a Kentucky-based company). The bill also added video games, music videos, and commercials to the definition of an eligible production and required a certified audit within 180 days of wrapping in Kentucky.

Worked example: a $1,000,000 feature in Louisville

An out-of-state company shoots a $1,000,000 feature in Jefferson County (treat it as outside an enhanced incentive county for this example). Kentucky spend breaks down as:

  • Kentucky vendor spend: $450,000
  • Resident below-the-line crew payroll: $300,000
  • Nonresident below-the-line payroll: $150,000
  • Nonresident director, all Kentucky days: $100,000

Total Kentucky spend of $1,000,000 clears the $400,000 minimum.

  • 30% x $450,000 = $135,000
  • 30% x $150,000 = $45,000
  • 30% x $100,000 = $30,000
  • 35% x $300,000 = $105,000
  • Credit: $315,000

If every shoot day were in an enhanced incentive county, the whole $1,000,000 would earn 35%, or $350,000.

Fees come out first: a $1,000 application fee (spend above $100,000), an administrative fee of 0.5% of the estimated incentive ($1,575 here, since that's more than $500), and a $2,000 legal fee for the agreement.

A $5,000,000 production runs the same percentages, so at the same mix the credit would be $1,575,000 outside an enhanced county. What changes at that size is competition for the $75 million calendar-year pool, which the council allocates as agreements are approved. Beginning with calendar year 2026, any unallocated balance from the prior year carries forward for high-impact motion pictures, continuous film productions, and entertainment productions. If Kentucky spend reaches $10 million, the show can qualify as a continuous film production, which earns 35% in any county and draws on $25 million set aside for that category until July 1 each year.

Application and audit

  1. Apply to the Kentucky Film Office before you incur any expenditure you want to count. The 2026 bill dropped the old 30-day lead time.
  2. The office has 30 days to tell you the application is complete or what's missing, then forwards it to the Cabinet and the Kentucky Film Leadership Council.
  3. The council authorizes a tax incentive agreement if the credit fits under the calendar-year cap.
  4. Start filming within 180 days of approval and finish within two years.
  5. Submit the certified audit within 180 days of completing Kentucky production. The Department of Revenue checks withholding and calculates the refundable credit.

Common disallowances

The guidelines exclude airfare, legal and accounting costs, the audit itself, contingency, wrap parties, bank and completion bond fees, insurance premiums beyond payroll-related benefits, gifts, alcohol, marketing, nonresident kit and box rentals, online purchases, Kentucky sales tax, and anything paid through a pass-through vendor. For salaried staff, only (annual salary / 365) x Kentucky production days counts. Related-party rentals need three competing bids, and you can't claim more than the lowest one. Equipment you buy and keep counts at no more than 20% of the purchase price.

How Kentucky compares

Indiana caps each project at $250,000, so Kentucky pays far more on anything mid-sized. Illinois pays 35% with no cap but you have to sell the credit. Missouri tops out at 42% with a smaller pool. Tennessee, Ohio, and West Virginia also border Kentucky. Compare splits in the incentive calculator, see how the refund step fits in how film tax credits work, and check what counts as qualified spend. The full state list is on the incentives hub, and Storiara's budgeting feature is one place to build the budget before you split spend by county.

Frequently asked questions

Is the Kentucky film tax credit refundable?

Yes. Credits for applications approved on or after January 1, 2022 are refundable and nontransferable, claimed against Kentucky income tax and the limited liability entity tax.

What is the minimum spend for the Kentucky film incentive?

Under the 2026 amendments, $400,000 for an out-of-state company making a feature, TV program, industrial film, video game, or music video, and $200,000 for a Kentucky-based company. Commercials need $200,000, documentaries $20,000 (or $10,000 for Kentucky companies).

What is an enhanced incentive county in Kentucky?

A county designated under KRS 154.32-010. A production filmed entirely in one earns 35% on all qualifying spend and payroll instead of the split 30% and 35% rates.

What fees does Kentucky charge for the film credit?

A nonrefundable application fee of $250, $500, or $1,000 depending on projected spend, an administrative fee of 0.5% of the estimated incentive or $500 (whichever is greater), and a $2,000 legal fee for the incentive agreement.

Sources

Check a budget against incentive programs

Storiara's Funding module compares your budget and shooting locations with the incentive programs in its list and estimates what each could be worth. Confirm the final numbers with the film office.

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Charles Hirschhorn

Charles Hirschhorn

Financial Lead, Storiara

Financial strategist with deep experience in media and technology. Ensures Storiara's financial health while supporting our mission to transform film production.