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Incentives

Production Incentives Database

New York Commercial

CommercialPost Production
Incentive Type Non-Transferable Refundable Tax Credit
Spend 20%
Above the Line Residents N/A
Above the Line Nonresidents N/A
Below the Line Residents 20%
Below the Line Nonresidents 20%
Bonus For the Upstate component(outside the MCTD but within NYS), companies can receive a total credit of 30%, with $100,000 minimum spend
Project Criteria Separate Commercial Incentive: New York offers 20-30% for commercial projects with 75% of production costs in New York State. Commercials can be any length:

Credit for Downstate (20%)
The Downstate component is based on filming or recording qualified commercials within the Metropolitan Commuter Transportation District (MCTD). The MCTD includes New York City, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester county.

Minimum spend must be over $500,000 in total qualified costs attributable to the production of qualified commercials within the MCTD
The Credit available is initially calculated as 20% of qualified production... +Read More
Loanout Registration Required No
Loanout Withholding No
Annual Funding Caps $7,000,000
Project Caps None
Minimum Spend 100,000-500,000
Sunset Date 01/01/2025
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
All applications received for each of the three components will be reviewed. Once the total amount of credits earned for each component of the Program has been determined, the pro rata value for each applicant will be calculated and a certificate of tax credit issued.

The certificate must be attached to a company's 2019\20 NYS tax return to be applied against its NYS tax liability. If the amount of the credit exceeds the tax liability for that year, 50% of the excess will be refunded to the applicant. In the subsequent tax year, the applicant will file for the remaining credit. If there is any amount of credit remaining in excess of the applicant' s tax liability for that year, it will be refunded.

Application Materials
Save each file to your own computer first, then open and complete the saved files.

Form A - NYS Commercial Production Credit application for calendar year 2019
Application form instructions
Form B - Schedule of Qualified Expenditures (Excel spreadsheet)
Form C - Qualified Costs (Excel spreadsheet)
Form D - Annual Totals (Excel spreadsheet)
Form E - Employment Report (Excel spreadsheet)
Form F - Annual Employment Totals (Excel spreadsheet)
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
The earned certificate must be attached to a company's 2018 NYS tax return to be applied against its NYS tax liability. If the amount of the credit exceeds the tax liability for that year, 50% of the excess will be refunded to the applicant. In the subsequent tax year, the applicant will file for the remaining credit. If there is any amount of credit remaining in excess of the applicant' s tax liability for that year, it will be refunded.
Additional Information
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.

Separate Post Production Only Incentive - Please see Substate page for further info.

Annual allocation- $4 million allocated for shooting commercials Downstate (New York City, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester counties); and
$3 million allocated for shooting Upstate. If unused, this money can be reallocated to the Downstate program and vice versa.

Updated definition of “qualified commercial production company” to exclude not only contracting entities for the project (ie. advertisers and agencies), but also “in-house” production companies owned or primarily controlled by such entities.

Written anti harassment form now required



Last updated: 04/10/2020

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 clientservices@mediaservices.com.