Industry·10 Apr 2024
INDUSTRY

Warner Bros. Discovery's Tax Write-Off Strategy

David Zaslav's Warner Bros. Discovery has written off more than $3 billion in produced content over the last two years. The accounting logic is specific, and the industry consequences are larger.

Written by Casey Winters, Industry Desk··6 min read·Industry
A ledger page with specific line items crossed out in red

Warner Bros. Discovery, since David Zaslav assumed the chief executive role in April 2022, has written off approximately $3.2 billion in produced and partially-produced content, according to the company’s quarterly SEC filings. This is, by a substantial margin, the largest content write-off programme in the history of American studio accounting.

The most publicly-visible single write-off, Batgirl (2022), was an approximately-complete $90 million feature film that was shelved and written off before release. Warner Bros. Discovery has never publicly released the film; it is, as of this writing, effectively erased from the company’s content catalogue except as a line item in the 2022 earnings report.

I want to explain what the write-off strategy is, why Warner Bros. Discovery is doing it, and what the broader industrial implications are.

The accounting logic

A write-off, in studio accounting terms, is the removal of a content asset from the company’s balance sheet. The specific accounting treatment can include: removing the asset from future-revenue-producing inventory; taking a corresponding charge against current-period earnings; and, under specific conditions, applying the resulting loss against taxable income to reduce the company’s tax liability.

For Warner Bros. Discovery specifically, the post-merger accounting environment has created specific conditions under which write-offs are financially attractive:

First, the 2022 merger of WarnerMedia and Discovery Communications created a specific “fresh-start accounting” window during which pre-merger content assets could be re-evaluated at current fair-market value. This allowed the combined company to recognise substantial impairments on legacy content that had been valued higher under the pre-merger accounting.

Second, the company carried approximately $50 billion in merger-related debt into the post-merger period. Reducing this debt has been Zaslav’s stated financial priority. Write-offs that reduced tax liability freed cash for debt servicing.

Third, the specific pre-merger content pipeline included several productions that the new leadership did not want to bring to market, for reasons ranging from cost concerns to strategic repositioning. Writing them off, rather than completing them for marginal theatrical release, produced a better financial outcome under the new accounting conditions.

What has been written off

The public record, as assembled from SEC filings and trade reporting, includes:

Theatrical. Batgirl (2022, approximately $90 million, essentially complete). Scoob! Holiday Haunt (2022, approximately $40 million, essentially complete). Coyote vs. Acme (2023, approximately $70 million, essentially complete).

Television. Multiple HBO Max original series were removed from the service and written off, including Westworld Seasons 1-4 (removed, subsequently licensed back to third-party platforms), The Nevers, Infinity Train, Raised by Wolves, Close Enough, Generation, and others.

Documentary. Approximately 200 HBO Max original documentary titles were removed from the service and variously licensed, sold, or written off.

The total, cumulative, across all categories, is approximately $3.2 billion.

The Coyote vs. Acme case

The most recent and most publicly contentious case involved Coyote vs. Acme, a live-action/animated hybrid feature completed in late 2023. The film was, by multiple industry reports, well-received in early test screenings. It was scheduled for a 2023 theatrical release before the WBD leadership shelved it in favour of a write-off.

The specific case provoked significant public backlash. Will Forte, the film’s star, published a critical statement on social media. Multiple Warner Bros. animation veterans spoke publicly about their objections. The Writers Guild and Directors Guild both issued statements expressing concern.

WBD initially indicated it would explore selling the film to another distributor. Trade reporting in late 2023 identified Amazon, Netflix, and Paramount as interested parties. In January 2024, WBD formally abandoned the sale effort, and the film was written off. The stated reason, per internal communications reported by Deadline, was that the sale prices offered were lower than the tax benefit the company would receive from the write-off.

The industry implications

The WBD write-off strategy is financially rational at the individual-film level. At the industry level, it has generated three specific problems.

It has destabilised the director-studio relationship. Directors attached to WBD productions, or considering attachment, have publicly expressed concerns about the possibility that their films will be shelved for tax benefit rather than released for audience reception. Several directors have specifically indicated they will not enter production agreements with WBD without specific release guarantees. The specific practice has added friction to WBD’s talent acquisition.

It has eroded industry confidence in studio completion commitments. Prior to the WBD write-off programme, the industry operated on a specific assumption that once a film reached picture lock, it would receive a release of some kind (theatrical, streaming, or otherwise). WBD has demonstrated that completed or near-completed films can be shelved entirely. This has changed specific insurance and financing terms across the industry, as lenders and completion-bond issuers have adjusted their models to reflect the new possibility.

It has raised specific questions about the accountability of streaming-era content investment. A write-off strategy works, financially, because streaming-era content assets are often not subject to the same theatrical-release contract structures that governed the pre-streaming studio system. The WBD experience has accelerated an industry-wide conversation about whether specific contractual minimums for release should be required for productions over certain budget thresholds.

The Zaslav defense

Zaslav and the WBD CFO have, in earnings calls and public statements, defended the write-off strategy on specific grounds. The company’s position is that the write-offs reflect responsible capital allocation decisions under merger-era accounting conditions, that they enable the company to reduce its debt faster than it otherwise could, and that they ultimately produce a healthier company better positioned to fund future productions.

The market has, broadly, accepted this position. WBD’s share price has partially recovered from its post-merger low, though it remains well below the pre-merger levels of the legacy Discovery and WarnerMedia companies.

What happens next

The write-off pace has slowed across 2024. Most of the fresh-start accounting benefit has been realised. The pipeline of candidate projects for write-off has contracted. WBD is, at this point, operating closer to a conventional studio-accounting model.

The longer-term question is whether the Zaslav-era WBD can, having completed the debt-reduction phase, return to producing content at the scale and quality that the legacy WarnerMedia was known for. The 2024 and 2025 WBD theatrical slates (Dune: Part Two, Furiosa: A Mad Max Saga, Joker: Folie à Deux, Beetlejuice Beetlejuice, Mickey 17) have delivered a mixed commercial performance. HBO (now rebranded Max) has continued producing prestige drama (The Penguin, True Detective: Night Country, House of the Dragon) at approximately the pre-merger standard, though with visibly reduced overall volume.

The write-off strategy worked, on its specific financial terms. Whether WBD can, on the other side of the debt reduction, rebuild its creative position is the question the next three years will answer.

WRITTEN BY
Casey Winters
INDUSTRY DESK

Casey covers the business of film and television for Frame Junkie. Previously five years on the trade-publication beat; refuses to share the exact masthead. Writes short, rarely takes a side, usually gets the number right.

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