Kentucky Form K-LOA is a Loan-Out Affidavit required for each personal service or loan-out company included in the Kentucky Entertainment Incentive Detailed Cost Report. The production company must submit this form for every loan-out company or individual whose wages are claimed for the credit. Failure to submit a fully completed and signed affidavit results in the disallowance of credits for that company or individual. The form validates the wages, verifies proper withholding, and ensures compliance with Kentucky’s entertainment tax credit rules. The form must be signed by three parties: an authorized representative from the loan-out company, the individual performing the services, and the production company.
Who Must File Form K-LOA?
Production companies claiming Kentucky Entertainment Incentive credits must file a separate Form K-LOA for each personal service or loan-out company reported on the Detailed Cost Report. A copy of the signed affidavit should be retained by the loan-out company and the individual for their records and for submission with their Kentucky income tax returns as required.
How To Complete Kentucky Form K-LOA
The General Information Section
Production Company Name: Enter the legal name of the production company claiming the credit.
Mailing Address, City, State, ZIP Code: Provide the full mailing address for the production company.
Federal Identification Number (FEIN): Enter the FEIN of the production company.
Kentucky Production Start Date: Enter the first day the production company began incurring production or pre-production costs in Kentucky, as certified in Exhibit C submitted to the Kentucky Cabinet for Economic Development.
Kentucky Production End Date: Enter the date the production company completed incurring costs for the production in Kentucky, as certified in Exhibit D.
Name of Production: Enter the title of the production or project.
Personal Service/Loan-Out Company Information
Company Name: Enter the legal name of the loan-out company providing services.
Business Address, City, State, ZIP Code: Provide the main business address.
Mailing Address (if different): Provide the mailing address if different from the business location.
Authorized Representative Name and Title: Enter the name and title of the company officer who is authorized to sign.
Telephone and Email: Provide contact information for the representative.
Federal Identification Number (FEIN): Enter the company FEIN.
Kentucky Start and End Dates: Enter the first and last dates the loan-out company performed services for the production in Kentucky.
Registration Checkboxes: Mark if the company is registered with the Kentucky Secretary of State and with the Kentucky Department of Revenue.
Signature: The authorized representative of the loan-out company must sign, date, and certify that the information is correct.
Individual Information
Individual Name: Enter the name of the individual providing services through the loan-out company.
Residential Address, City, State, ZIP Code: Enter the individual’s residence.
Mailing Address (if different): Enter if applicable.
Social Security Number (SSN): Enter the SSN for the individual.
Kentucky Start and End Dates: Enter the first and last dates the individual worked in Kentucky on the production.
Signature: The individual must sign, date, and certify that the information is true and complete.
Payments To Loan-Out Company Section (Completed By Production Company)
Line 1: Enter the total amount paid by the production company to the loan-out company for the entire production, including amounts outside Kentucky.
Line 2: Enter the total amount paid to the loan-out company for qualifying Kentucky payroll or production credit.
Line 3: Enter the total Kentucky withholding tax remitted to the Kentucky Department of Revenue for wages paid to this loan-out company.
Line 4: Enter the dates the loan-out company performed services in Kentucky.
Line 5: Enter the date(s) withholding payments were remitted to the Kentucky Department of Revenue.
Preparer Section: Enter the preparer’s name, title, signature, and date if a preparer completed the form.
Mailing Instructions
Mail the completed Form K-LOA to:
Kentucky Department of Revenue
Tax Credits Section
P.O. Box 181, Station 52
Frankfort, KY 40602-0181
Fax: (502) 564-0058
Email: KRC.WEBResponseEconomicDevelopmentCredits@ky.gov
Supporting Documents: Include invoices showing payments made to the loan-out company. The loan-out company will issue 1099-NEC forms to the individual. The individual will file a Kentucky income tax return using the 1099-NEC. Production companies do not issue 1099-NEC to the loan-out company.