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Incentives

Production Incentives Database

New York

CommercialPost Production
Incentive Type Non-Transferable Refundable Tax Credit
Spend 25%
Above the Line Residents N/A
Above the Line Nonresidents N/A
Below the Line Residents 25-35%
Below the Line Nonresidents 25-35%
Bonus Productions with budgets over $500,000 may received an additional 10% credit on qualified labor expenses incurred in certain Upstate counties including:Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, or Yates ; effective 2015-2026. There is a maximum of $5 million per year that can be allocated for the additional 10 percent credit on qualified labor expenses.
Project Criteria *Minimum Budget $1M if majority of principal photography shooting days are shot in Westchester, Rockland, Nassau,
or Suffolk county or any of the five New York City boroughs (with the exception of a television pilot)
OR
Minimum Budget of $250K if majority of principal photography
shooting days in the production of the qualified film are shot in any other county outside of Westchester, Rockland, Nassau,
or Suffolk county or any of the five New York City boroughs. (with the exception of a television pilot)

Features Runtime must at least be 75 Minutes
TV episodes Runtime Must at least be 30 Minutes with commercials (22-23 Minutes without)

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Loanout Registration Required No
Loanout Withholding No
Annual Funding Caps $420,000,000
Project Caps None
Minimum Spend 250,000-1,000,000*
Sunset Date 01/01/2026
Audit Requirements
Audits are performed by the State; producers can opt to have final applications reviewed by pre-qualified CPA firms to expedite approval process.
Getting Started
Submit a complete application with required materials prior to the beginning of principal photography and begin production within 365 days.

Screen Credit Required
Yes
Company Registration
No
Sales Use Tax Relief
Yes
Hotel Occupancy Tax Relief
No
Local Vendors Qualify
Yes
Outside Vendors Qualify
Yes
Claiming Incentive
Submit the final application to the Office within 60 days after completion of the production of a qualified film.

**Tax credit certificates issued on or after January 1, 2020 to productions will be reduced by .25% (a quarter of 1%) to be transferred to the Empire State Entertainment Diversity Job Training Development Fund.
Additional Information
Separate Post Production Only Incentive - Please see Sub-state page for further info.

Separate Commercial Incentive- Please see Sub-state page for further info.

If the amount of the tax credits issued is $1-$5 million, the credit will be claimed in equal installments over a two year period. If the amount of the credit greater than $5M, the credit will be claimed in three equal installments, over a three year period.

Written anti harassment form now required

Until December of 2021 certain wages and fringes pushed out of the state as a result of COVID MAY qualify



Last updated: 08/01/2021

Production Incentive Disclaimer
The encapsulated production incentive information on this page is provided for general purposes only and should not be construed as tax advice. While we do our utmost to keep all information up to date, production incentives change often. The best source for incentive details is the film office itself. For more explanation or detail about the production incentive described here, please contact our resident production incentives expert at [email protected].