Empire State film production and Empire State film post-production tax credits (Articles 9-A and 22)

Several amendments were made to the Empire State film production and the Empire State film post-production tax credits.

The funding for the credits was extended through 2025.

The definition of qualified film excludes a television series commonly known as variety entertainment, variety sketch and variety talk programs (other than relocated television productions). However, television series that have applied for a tax credit and have been deemed conditionally eligible by Empire State Development for a tax credit prior to April 1, 2020, will continue to be eligible provided the series remains in continuous production and the taxpayer continually applies for a tax credit for each season of the series.

The following amendments apply to applications filed with the New York State Governor’s Office of Motion Picture & Television Development on or after April 1, 2020:

The definition of qualified film excludes an episode of a television series. In addition, a qualified film, other than a television pilot, must have a minimum budget of $1 million if the majority of the principal photography shooting days for the qualified film are shot in the counties of Westchester, Rockland, Nassau, or Suffolk or the five New York City boroughs, or have a minimum budget of $250,000 if the majority of principal photography shooting days are shot in other counties of New York State.

The allowable amount of the Empire State film production credit has been reduced from 30% to 25%.

The allowable amount of the Empire State film post-production credit has been reduced from 30% to 25% for qualified films produced at qualified post-production facilities located within the Metropolitan Commuter Transportation District and from 35% to 30% for qualified films produced at qualified post-production facilities located elsewhere in New York State.

The credit amounts allowed are determined by the New York State Governor’s Office of Motion Picture & Television Development. For more information on these credits, visit www.esd.ny.gov .

[Part M of Chapter 59 of the Laws of 2020; Tax Law §§ 24, 31, 210-B(20), 210-B(32), 606(gg), and 606(qq)]