Not really. The reason these tax offsets became popular is that US states introduced them to entice film and TV production away from California. For example, Louisiana offers a 40% rebate and New York has a 30% rebate. So rife are the rebates that California – home of Hollywood – now offers a 25% rebate.
If Trump wants to put an end to the tax rebate war, sign me up, but it is hardly the case that non-American countries are playing unfair.
But then we get to the problem of the tariff itself.
How would it be administered? A film does not get shipped to the US like a car. And unlike importing a product, importing a service means paying for it in another country (eg paying for a camera operator on a US production in Australia).
How do you put a tariff on a service which at no point involves anyone crossing the border into the USA?
Similarly, while a large amount of foreign production done in Australia is the film “shoot” (eg the production of The Fall Guy), an increasing amount is PDV only – where no physical location shooting is done in Australia, but an Australian company does PDV work for a production filmed in the US.
For example the recent Bob Dylan biopic “A Complete Unknown” was filmed in the USA, but all the PDV work was done by Rising Sun Pictures, which is located in Adelaide.
Would that film be subject to a tariff? If so, how and how much?
It would perhaps be simpler for Trump to put a tariff on the ticket prices of foreign produced and made films – eg a movie like “The Dry”. But how do you do it for a program like Bluey which is streamed on Disney+ and people don’t actually pay for each episode?
Who pays the tariff? When is it paid? What is the cost?
The problem for Trump is even ignoring whether he has the constitutional power to levy the tariff. There does need to be a legal mechanism, and unfortunately for Trump, the only thing there is more of in Hollywood than actors are lawyers.
Hollywood lawyers were able to make the profits of Forrest Gump disappear – a film that earned US$678 million – so have fun getting them to pay a tariff on a service that is unable to be stopped at customs.
I suspect all of this is mostly a warning shot at the studios. A threat to them to be nice to Trump or not only will he prevent any mergers, he will lump them all with a tariff.
But until we see anything remotely concrete, the threat is pretty hollow.
It does however reinforce that our film and TV sectors are very much subject to the whims of madmen in the United States (whether corporate or government) and we should be doing what we can to protect our culture and our workers.
Greg Jericho is chief economist at the Australia Institute.