Hollywood accounting rules are regular accounting rules (GAAP). The only reason “Hollywood accounting” is a thing is because of a bunch of actors who didn’t know the difference between “gross” and “net” points got screwed over.
Everyone involved still pays their taxes, but the special purpose vehicle used to organize the production is essentially a passthrough entity.
If you’re not a name, you’re not getting gross points. There’s a wide swathe of participants (actors, writers, directors…) who need to demonstrate risk by taking net points to get signed, and they are routinely screwed by tactics like artificially inflated self-dealing distribution fees that cause the “production” itself to show a paper loss while the IP has generated hundreds of millions of dollars more than has been invested into it.
Movie Money
Understanding Hollywood's (creative) Accounting Practices
9781879505865
This is THE book on the subject.
There's a lot more to it than that. Sometimes productions get creatively charged by the studios costs that may not be directly related to shift losses. Sometimes contracts redefine common terms so your points structure is completely misleading.
I presume that what happens is if a movie is too profitable, other business expenses are shifted to the ledger to reduce the profits. This works because a movie is not a separate accounting entity.
There's also a separate LLC for the parent production company. The production company LLC can also send invoices to the individual movie LLC for services. People can get creative with production companies "overcharging" for various expenses back to the movie's LLC but whatever creative accounting they want to do still needs to ultimately satisfy IRS scrutiny if there's an audit. There are entertainment attorneys that specialize in movie LLCs.
> whatever creative accounting they want to do still needs to ultimately satisfy IRS scrutiny if there's an audit.
Well, yes, but avoiding taxes is not the point of "Hollywood Accounting", rather avoiding paying actors.
The IRS can collect taxes from whichever business entity makes a profit, but, critically, actors cannot. They signed a deal with one entity, and are only payed a share of net profits if that one particular entity makes a profit.
Hollywood Accounting, then, is the process of shifting costs around so that the legal entity responsible for paying the actors never makes a profit.
The SPVs never own anything and never have any expertise in anything. So they have to pay the parent company for a wide range of services, from advertising and marketing to distribution to prop and equipment rental. That makes it easy to shift costs into the SPV as necessary.
>Well, yes, but avoiding taxes is not the point of "Hollywood Accounting", rather avoiding paying actors.
I wasn't saying avoiding taxes was the purpose. Instead, I'm saying whatever "bogus" or "inflated" expenses that the production company LLC is charging to the movie LLC still has to be somewhat plausible. A simplistic example of what they can't do:
- Tom Cruise TC Productions LLC sends an invoice to MissionImpossible8 movie LLC with a single line item that says "script advisory service for $1 billion dollars" which then conveniently causes the movie's balance sheet to be negative $1 billion dollars and thus never make a profit.
The point is the production LLC, the distributor entities, etc all charging the movie LLC so that it shows zero profits ... still need to play their financial accounting games with more sophistication than that. Yes, go ahead and fabricate various costs to avoid paying actors on "net profit points" but it still needs a veneer of plausibility. Otherwise, the IRS comeback will be, "Is the $1 billion fee the real market rate for script advisory services? Do you have evidence of that amount ever being paid? etc etc"
Why would that matter if it's all still a subsidiary of Apple/Amazon/Disney/Comcast/Netflix/Sony?
The relevant taxing authorities would be concerned with the parent companies' financials, not the subsidiaries. Moving money from right hand to left hand doesn't change one's tax liabilities.
"Hollywood accounting" only refers to civil disputes due to insufficiently defined contracts between two businesses (usually actors and producers).
The benefit of “Hollywood accounting” isn’t necessarily tax avoidance; that’s what the tax credits are for. Rather, “Hollywood accounting” provides a way to avoid paying profit-based compensation.
That seems an incredibly generous description (or breathtakingly naive, but I'm giving the benefit of the doubt because hopefully most people aren't that credulous).
The point of Hollywood accounting is to intentionally create enough inflated expenses (billed from companies controlled by the studios or related parties of the producers etc.) to ensure that the net profit is zero or less, even when the film actually generated a lot of income.
It's true that tax gets paid eventually (and somewhere, maybe a tax haven) but it is intentionally creative accounting designed to minimise tax and screw people out of their royalties.
Those movies didn't lose money under GAAP. However, the specific legal entities that the talent made their profit deals with did not earn profits due to the way that revenues and expenses were allocated between the companies involved in making and distributing those films. For each of those films, at least one company was and is earning $$$, but the talent doesn't get to make a revenue sharing deal with those companies.
> For each of those films, at least one company was and is earning $$$, but the talent doesn't get to make a revenue sharing deal with those companies.
That doesn't sound right. Traditionally, and in particular in the case of Forrest Gump, the distinction is between people who contract for a percentage of net profit (always zero) and people who contract for a percentage of gross revenue. The revenue is measured at the same point either way; it's just about whether you got suckered or not.
The revenue hasn't been measured at the same point in our lifetimes. It was never just about net and gross but also which entity you had points with. A lot of talent had gross deals with the wrong entities.
Everyone involved still pays their taxes, but the special purpose vehicle used to organize the production is essentially a passthrough entity.