Empire State digital gaming media production credit (Articles 9-A and 22)

For tax years beginning on or after January 1, 2023, and before January 1, 2028, a new refundable credit will be available for eligible digital gaming media productions.

The credit allowed will be 25% of the qualified digital gaming media production costs, of one or more qualified digital productions, incurred in New York State. For costs incurred within New York State but outside the Metropolitan Commuter Transportation District, the credit amount increases by an additional 10%.

The aggregate total of credit allowed per year is $5 million allocated by Empire State Development (ESD). No taxpayer, however, may receive more than $1.5 million per year.

ESD will administer the credit to eligible businesses by issuing tax credit certificates.

[Part OO of Chapter 59 of the Laws of 2022; Tax Law §§ 45, 210-B(55), and 606(nnn)]