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How the Tax Credit Works

New York City offers a Film Production Tax Credit program, which provides qualifying film and television productions a fully-refundable tax credit equal to 5% of production expenditures.

The incentive applies to production costs incurred in New York City.

Eligible productions include:
• Feature Films
• Episodic television series
• Television pilots
• Television movies and miniseries

The New York City program 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 City, and productions must qualify by being based in New York City. New York City consists of the five boroughs of Bronx, Queens, Brooklyn, Staten Island, and Manhattan.

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 a 5% 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 City 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 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 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 90 days prior to the start of principal and ongoing photography.

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.




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