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NEW YORK - EMPIRE STATE INDEPENDENT

United States Main

EP Services Offered

Administration

Tax Credit Financing

Tax Credit Placement

Eligible Production Types

Animation

Commercials

Documentaries

Feature Films

Game Shows

Pilots

Post Only

Reality Television

Scripted Television

Talk Shows

Video Games

Location Production Needs

Beaches Ocean

City

Deserts

Forests

Lakes Rivers

Mountains

Rural

Snow

Suburban

Tropical

Incentive30%-50% Refundable Tax Credit
+ Federal Incentive

Related Programs

NEW YORK

Labor
Resident ATL30% - 50% (Aggregate ATL Compensation limited to 40% of NYS Production Spend)
Resident BTL30% - 50%
Non-Resident ATL30% - 50% (Aggregate ATL Compensation limited to 40% of NYS Production Spend)
Non-Resident BTL30% - 50%
Labor Uplifts

10% on qualified wages, salaries, and compensation for services performed in a designated upstate county for productions with a minimum spend of $500K. Click here to see county list.

Production Plus/Labor : Companies that submit at least two applications totaling $20M+ after Jan 1, 2025, are eligible for a 5% bonus on subsequent projects for qualifying independents.

Other Uplifts: 10% bonus for in-state scoring with 5+ musicians.

Qualified Spend
Spend30% - 50%

Qualified production costs are for tangible property or services used or performed within New York State directly and predominantly in the production of a qualified film.

Spend Uplifts

10% on qualified production costs for services performed/property used in a designated upstate county if the majority of principal photography shooting days were in a qualified county and the production has a minimum spend of $500K. Click here to see county list.

Companies that submit at least two applications totaling $20M+ after Jan 1, 2025, are eligible for a 5% bonus on subsequent projects for qualifying independents.

Other Uplifts: +10% bonus for in-state scoring with 5+ musicians.

Minimum/Caps
Minimum Spend$1,000,000 budget (for productions where the majority of principal photography shooting days occur in NYC, Westchester, Rockland, Suffolk, and Nassau counties); $500,000 budget (for the rest of the State, excluding pilots).
Minimum Filming DaysFacility and location thresholds apply
Project CapCapped at 2 projects per company per year
Annual Cap$100M
Application

Applicants complete and submit the Project Summary Form online. All other documents which comprise a complete application are submitted through the secure file transfer system. Submission is highly recommended at least 10 business days before the start of principal photography.

Additional Requirements
Screen CreditYes
CPA AuditYes
Loan-Out RegistrationNo
Income Tax Withholding

Individual: Not Required

Loan-out: Not Required

Sunset DateDecember 31, 2036
Additional Information

  • To qualify as a "qualified independent film production company," the entity company either cannot be a publicly traded entity, or if it is, no more than five percent of the beneficial ownership can be owned directly or indirectly by a publicly traded entity.
  • Qualified ATL labor is limited to 40% of all other qualified NYS production costs.
  • Changes to Credit Claim Timing - For applications submitted after Jan 1, 2025, credits may be claimed in full in the tax year that includes the last day of the allocation year (eliminating the 1-to-3-year payout) and streamlining prior multi-year claim schedules.
  • Credit Recapture Provision Added - If a project is later found ineligible and the tax credit certificate is revoked, any claimed credit must be repaid in the year the revocation becomes final.
  • New York has introduced a mandatory 0.5% contribution for a workforce development program which will be deducted from all tax credit certificates issued after Jan 1, 2023.
  • For Animation, see the separate: New York - Postproduction credit.
  • Relocating television series have specific eligibility requirements regarding prior production history, episode count, and budget.
  • Applicants are required to submit a Diversity Plan outlining specific goals and strategies to hire a diverse workforce.

New York State Governor's Office for Motion Picture & Tv Development

Contance McFeeley, Director NYS Entertainment Tax Credit Program

  • 212.803.2328

Yoni Bokser, Executive Director NYS Office of Motion Picture & TV Development

esd.ny.gov/new-york-state-film-tax-credit-program-production/

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