Site Search

OR
Go to Comparison Tool

New York, NY

New York, NY

Federal Incentives

PRODUCTION INCENTIVES

New York

Type of Incentive:	Refundable film production credit (if the credit is ≥ $1 million, but < $5 million, it is payable in equal amounts over 2 years; if the credit is ≥ $5 million, the refund is payable over 3 years from the date it can be claimed); refundable post-production tax credit (payable over 2 years); there is also an investment tax credit for qualified film production facilities

Maximum Benefit:	30% of qualifying production local spend; 10% of the qualifying post-production spend; 4% to 5% of the eligible investment credit base

Compensation and Project Caps/ Funding Per Year:	$2.1 billion in funding for the 2010-2014 fiscal years ("pool 2" funds), or $420 million annually with up to $7 million annually allocated to the post-production credit; exemptions for "qualified independent film production company" projects are limited to those with a maximum budget of $15 million

Project Criteria:	Production Credit: Minimum 1 day and at least 10% of the total principal photography shooting days (except for qualifying "independent production company" projects and TV pilots) must be spent at a qualified facility; in addition, the qualified production costs at a qualified facility must be ≥ 75% of such total facility costs (within and outside NYS, there are special additional requirements for a facility to qualify in NYC); this test applies separately to production and post-production costs, if production costs at a qualified facility are < $3,000,000, then location shooting days in NYS (outside qualified production facility) must be ≥ 75% of total shooting days (within and outside NYS); Post-Production Credit is available if the qualified post-production costs at a qualified post-production facility are ≥ 75% of such total facility costs (within and outside NYS, does not require that the production qualify for the 30% credit); the investment tax credit is available for tangible property containing at least one sound stage ≥ 7,000 square feet

Sunset/Review:	December 31, 2015

Application Considerations:	Submit initial application at least 10-180 days prior to principal photography (response = meeting following application submission to determine approval - note meeting approximately 5-7 days before principal photography); submit final application within 60 days of completing production

Loan-Out Company Considerations:	Currently none to note

Crew Base Considerations:	Substantial crew base, especially in New York City

Film Commission:	New York State Governor’s Office for Motion Picture & TV Development 633 Third Avenue, 33rd Floor New York, NY 10017 Pat Swinney Kaufman Deputy Commissioner & Executive Director Phone: 212.803.2330

Additional Exemptions



Sales & Use Tax Relief for Productions Available For details, refer to the New York State Department of Taxation and Finance.

Qualified Production Expenditures

In-State Vendors:	YES
Out-of-State Vendors:	YES

Fringes Paid for Qualified Payroll:	YES (see qualified expenditures listing for more details -- contact local Film Office)

Taxes Paid for Qualified Payroll:	YES (see qualified expenditures listing for more details -- contact local Film Office)

* Please read the Qualified Production Expenditures Introduction & Assumptions.

Qualified Compensation Expenditures

Above-the-Line:	Residents:	NO
Above-the-Line:	Non-Residents:	NO

Below-the-Line:	Residents:	YES
Below-the-Line:	Non-Residents:	YES

* Please read the Qualified Compensation Expenditures Introduction & Assumptions.

Nontraditional Programming

Talk Shows:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)	News:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)

Reality Shows:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)	Webisodes:	NO

Game Shows:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)	Animation:	POSSIBLE (call Film Office for review)

Documentaries:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)	Commercials:	YES (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.; there is a separate incentive for this)

Industrials:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)	Music Videos:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)

Sporting Events:	NO (explicit allowance/disallowance in law, regulations, guidelines, rules, etc.)	Interactive Media/ Video Games:	NO

* Please read the Qualified Nontraditional Programming Introduction & Assumptions.

Proposed Legislation

Governor Paterson signed the 2010-2011 Budget Bill (S8465/A11678, which amends S6610-C/A9710-D) amending the Empire State Film Production Credit.

Updated August 27, 2010
For more specific information, please contact the EP Production Incentives Group.

NOTE: These materials have been prepared by Entertainment Partners for informational purposes only and should not be construed as tax advice or relied on for specific projects. Though every effort has been made to remain current, laws and incentives change and, therefore, this information may have been revised. Please contact the EP Production Incentives Group or your legal or tax advisors to confirm any laws or the effect of incentives on your project.