Financing solutions and models continue to be sought after in the Canadian film television and animation tax credit financing area. Additionally other working capital solutions for Canadian productions in this area are also available and generally less known as to their existence and their ability to assist productions of Canadian content.Early in 2010, as is by now well known by most players in the industry, the Canadian government at both the federal and provincial level ‘super charged ‘ tax credit grants and incentives. Rates and credits increased for specified expenditures by as much as 5-10 per cent in most areas of these tax credits. Additionally a fund was even creating for Intellectual property, with a projected funding of ten million dollars.Productions with Canadian content are aggressively being produced and savvy principals in Canada are both taking advantage of these credits, and also financing them on an interim basis, or on completion.A combination of private investing, government non repayable tax credits and even some participation by Canadian banks create a ‘tour de force ‘of financing assistance for Canadian content. Although a significant previous factor in Canadian growth was the cheaper Canadian dollar even the dollar at par now has not hindered Canadian productions in all three key areas, film, television, and digital animation. (And let’s not forgot those lesser known sisters – book publishing and music!)Productions in Canada are of course financing in the same manner as almost anywhere else – equity by owners, tax credits, loans, and distribution deals. The most recent tax credit incentives in effect replace film tax shelters of previous days. In our opinion this method is more transparent, available, and takes a lot of the negativity associated with ‘tax shelters ‘.So how do principals access tax credits and how can these tax credits be financed. Did you also know that financing is available on an interim basis also, so for properly documented productions you can obtain interim financing assistance that in many cases becomes a key up front component of your financing and will allow you to complete your project more advantageously from a financial perspective?What are the basics of this type of financing – let’s review them. To say that film, TV and animation financing is a boutique industry in Canada is of course an understatement. For that reason we strongly recommend that you work with and speak to an experienced and knowledgeable advisor in this area. To access financing you must ensure your project or projects are eligible to be certified for any one or more of the six major tax credits that are available, for example, in Ontario. (We will use Ontario as our example, but each province has similar regimes to assist yourselves.) You should ensure you have created a single special purpose entity, essentially the legal shell under which your production or project will be qualified.Carefully choose which credits you are eligible for, and ensure you apply for proper certification as soon as possible. Improper or incomplete certification only (as in any business financing process) slows down and stalls your tax credit and the ability to finance it.Maintain proper disbursement and payroll records – we strongly recommend to clients that they use a specialized accountant or firm in this area. If you can demonstrate your background and experience, have proper certification in process, and are committed to document the project through completion by proper filing of tax returns and financials your tax credit can be financed as immediately as when it is accepted and provided to your project. If you seek interim financing for the same project, and are committed to maintaining and demonstrating the quality in the key fundamental areas noted above you are eligible for accrual financing, or cash flow and working capital assistance immediately even prior to the certification of your project(S).In summary, ‘Hollywood North’ appears to be booming again. The economy has picked up, consumers want entertainment in all key sectors, and even the Canadian dollar has not deterred investment in production. Tax credits have increased, and even better yet, by working with the proper experienced partner your credits can be financing when they are certified, or even earlier if you can document a strong go forward action plan on disbursements, payroll, and your experience in this great area of the Canadian economy. And by the way, speaking to an expert in area doesn’t hurt – extra tips and assistance may be worth thousands or hundreds of thousands of dollars in cash flow and working capital for your projects!
Lawsuit Financing
Lawsuit financing is usually misunderstood as loans. In reality lawsuit finances or lawsuit funds are advances or investments made to avoid state laws against making excessive charges of interest. These lawsuit finances are available for appellate funding, attorney funding, expert witnesses and plaintiffs. Lawsuit finance helps those who have lost their jobs, have met with accidents, had personal injuries, faced sexual harassment, or are charged with malpractice.When clients sometimes cannot even meet their basic requirements like rent and expenses, lawsuit financing helps them. Under such cases the lawsuit financing companies help by providing advances to the clients. Lawsuit finance is non-recourse in nature. Unlike a loan it is retrieved by the lawsuit financing company only when the verdict is in favor of the client. The lawsuit financing company can claim for the settlement of the money only after the final verdict or statement is known.The lawsuit financing company has options like flat fee, where the lawsuit financing company decides beforehand what amount or share the client would pay after the final verdict is known. The lawsuit financing companies charge the plaintiffs with recurring fees that they have to pay until the verdict is made final. This recurring fee varies according to the case. It is usually collected on a monthly basis. The fee could be as low as 0.5% or could be as high as 15%.Attorneys, their witnesses, and testimony can together convince the judge or jury to take your favor. In these situations, use expert witness funding. The attorney funding becomes essential when the plaintiff runs out off capital or the litigation costs exceed the expected amount. Then funding or financing becomes essential. The plaintiff funding is made as investments and not mere loans. If the plaintiff has received a monetary verdict but a trial is pending, then appellate financing is suggested.
Alternative Financing
Alternative bank financing has significantly increased since 2008. In contrast to bank lenders, alternative lenders typically place greater importance on a business’ growth potential, future revenues, and asset values rather than its historic profitability, balance sheet strength, or creditworthiness.Alternative lending rates can be higher than traditional bank loans. However, the higher cost of funding may often be an acceptable or sole alternative in the absence of traditional financing. What follows is a rough sketch of the alternative lending landscape.Factoring is the financing of account receivables. Factors are more focused on the receivables/collateral rather than the strength of the balance sheet. Factors lend funds up to a maximum of 80% of receivable value. Foreign receivables are generally excluded, as are stale receivables. Receivables older than 30 days and any receivable concentrations are usually discounted greater than 80%. Factors usually manage the bookkeeping and collections of receivables. Factors usually charge a fee plus interest.Asset-Based Lending is the financing of assets such as inventory, equipment, machinery, real estate, and certain intangibles. Asset-based lenders will generally lend no greater than 70% of the assets’ value. Asset-based loans may be term or bridge loans. Asset-based lenders usually charge a closing fee and interest. Appraisal fees are required to establish the value of the asset(s).Sale & Lease-Back Financing. This method of financing involves the simultaneous selling of real estate or equipment at a market value usually established by an appraisal and leasing the asset back at a market rate for 10 to 25 years. Financing is offset by a lease payment. Additionally, a tax liability may have to be recognized on the sale transaction.Purchase Order Trade Financing is a fee-based, short-term loan. If the manufacturer’s credit is acceptable, the purchase order (PO) lender issues a Letter of Credit to the manufacturer guaranteeing payment for products meeting pre-established standards. Once the products are inspected they are shipped to the customer (often manufacturing facilities are overseas), and an invoice generated. At this point, the bank or other source of funds pays the PO lender for the funds advanced. Once the PO lender receives payment, it subtracts its fee and remits the balance to the business. PO financing can be a cost-effective alternative to maintaining inventory.Non-Bank FinancingCash flow financing is generally accessed by very small businesses that do not accept credit cards. The lenders utilize software to review online sales, banking transactions, bidding histories, shipping information, customer social media comments/ratings, and even restaurant health scores, when applicable. These metrics provide data evidencing consistent sale quantities, revenues, and quality. Loans are usually short-term and for small amounts. Annual effective interest rates can be hefty. However, loans can be funded within a day or two.Merchant Cash Advances are based on credit/debit card and electronic payment-related revenue streams. Advances may be secured against cash or future credit card sales and typically do not require personal guarantees, liens, or collateral. Advances have no fixed payment schedule, and no business-use restrictions. Funds can be used for the purchase of new equipment, inventory, expansion, remodeling, payoff of debt or taxes, and emergency funding. Generally, restaurants and other retailers that do not have sales invoices utilize this form of financing. Annual interest rates can be onerous.Nonbank Loans may be offered by finance companies or private lenders. Repayment terms may be based on a fixed amount and a percentage of cash flows in addition to a share of equity in the form of warrants. Generally, all terms are negotiated. Annual rates are usually significantly higher than traditional bank financing.Community Development Financial Institutions (CDFIs) usually lend to micro and other non-creditworthy businesses. CDFIs can be likened to small community banks. CDFI financing is usually for small amounts and rates are higher than traditional loans.Peer-to-Peer Lending/Investing, also known as social lending, is direct financing from investors, often accessed by new businesses. This form of lending/investing has grown as a direct result of the 2008 financial crisis and the resultant tightening of bank credit. Advances in online technology have facilitated its growth. Due to the absence of a financial intermediary, peer-to-peer lending/investing rates are generally lower than traditional financing sources. Peer-to-Peer lending/investing can be direct (a business receives funding from one lender) or indirect (several lenders pool funds).Direct lending has the advantage of allowing the lender and investor to develop a relationship. The investing decision is generally based on a business’ credit rating, and business plan. Indirect lending is generally based on a business’ credit rating. Indirect lending distributes risk among lenders in the pool.Non-bank lenders offer greater flexibility in evaluating collateral and cash flow. They may have a greater risk appetite and facilitate inherently riskier loans. Typically, non-bank lenders do not hold depository accounts. Non-bank lenders may not be as well known as their big-bank counterparts. To ensure that you are dealing with a reputable lender, be sure to research thoroughly the lender.Despite the advantage that banks and credit unions have in the form of low cost of capital – almost 0% from customer deposits – alternative forms of financing have grown to fill the demand of small and mid-sized businesses in the last several years. This growth is certain to continue as alternative financing becomes more competitive, given the decreasing trend seen in these lenders’ cost of capital.