New York City and New York State offer Film Production Tax Credit programs, which combined provide qualifying film and television productions a fully-refundable tax credit equal to 35% of production expenditures.

The incentive applies to production costs incurred in New York City and/or New York State. Eligible productions include:
• Feature Films
• Episodic television series
• Television pilots
• Television movies and miniseries

The New York State program provides a refundable 30% tax credit for qualified feature films, episodic television, pilots, and television movies/miniseries.

The New York City program provides an additional 5% credit and was signed into law by Mayor Michael R. Bloomberg on January 3, 2005.

The incentive applies to qualified production costs for work incurred in New York State and/or City, and productions must qualify by being based in New York State and/or City. New York City consists of the five boroughs of Bronx, Queens, Brooklyn, Staten Island, and Manhattan.

The two programs (City and State) are similar and have similar qualifying thresholds. Projects and costs which qualify for the New York City credit will also be eligible for the New York State program. However, work incurred in New York State but outside the City is eligible only for the State 30% credit.

WHO IS ELIGIBLE? WHAT COSTS ARE ELIGIBLE?

For a feature film or television project to be eligible for the New York City credit, the production must 1) shoot on a set, on a stage, at a qualified production facility in New York City; and 2) complete at least 75% of the total facility related expenses at a qualified facility. These productions will qualify for up to a 35% tax credit for the work done at the facility.

For location work, post-production, and costs of other work done in New York outside the facility to be eligible, either 1) at least 75% of the location shooting days must be in New York City, or 2) the production must spend at least $3 million on work incurred at the qualified facility.

“Qualified productions” are feature length films, television films, television pilots or television series. Certain categories of productions are excluded from the program, including documentaries, news or current affairs programs, interview or talk shows, instructional videos, sport shows or events, daytime soap operas, reality programs, commercials, music videos, etc.

“Qualified production costs” are costs for tangible property or services used or performed within New York directly and predominantly in the production (including pre- and post-production) of a qualified film. Qualified production costs generally include costs of technical and crew production, expenditures for facilities, props, makeup, wardrobe, set construction, background talent, etc., and generally exclude costs of stories and scripts, and wages for writers, directors, producers and performers (other than extras without spoken lines).

“Qualified film production facilities” are stage facilities in the State of New York in which television shows and films are or are intended to be regularly produced, and which contain at least one sound stage of at least 7,000 SF.

For a list of qualified film production facilities within New York City click here 

HOW IS THE CREDIT RECEIVED?

The State of New York has allocated $25 million in aggregate credits per calendar year for 2004 and 2005, $60 million for 2008, $75 million for 2009, $85 million for 2010, $90 million for 2011 and 2012, and $110 million for 2013.  The City of New York has allocated $12.5 million per year for 2005 and $30 million per calendar year from 2006 through 2011, for a total of $602.5 million. These credits will be offered on a first come, first serve basis.

The refundable credit is applied to the applicant’s New York State and/or New York City tax return/s for the year in which the production was completed.

Applications must be submitted prior to the start of principal and ongoing photography, but not more than 180 days prior to the start of principal and ongoing photography.

To apply for the credit, a production company must first submit an Initial Application which leads to conditional approval of the project. The same application forms may be used to apply for both the State and the City credits, however, if applying for both programs, separate copies with original signature pages must be delivered to both the Mayor’s Office of Film Theatre and Broadcasting (for the City credit) and the New York State Office For Motion Picture and Television Development (for the State credit).

APPLICATIONS & REGULATIONS

Initial Application
Initial Application FORM A
Form A Instructions
Schedule of Qualified Expenditures FORM B
Initial Budget Cost Qualifier FORM C

Final Application
Final Application FORM D
Final Budget Cost Qualifier FORM E

The New York City credit is administered by the City of New York Mayor’s Office of Film, Theatre and Broadcasting. For a copy of the rules click here.

To contact the New York State Governor’s Office For Motion Picture and Television Development please visit their website.