New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XVIII - Empire State Commercial Production Credit Program
Part 180 - Empire State Commercial Production Credit Program
Section 180.4 - Criteria for evaluation of applications

(1) the application is substantially complete; for the purpose of this section an application must reflect all the applicant's qualified commercial work done within the calendar year for which the applicant is applying, and an applicant may not add additional commercial work to his or her application after it has been submitted to the department;

(2) the applicant is a qualified commercial production company or a sole proprietor of a qualified commercial production company which is subject to tax or the partners or members of which are subject to tax under article 9A or 22 of the Tax Law;

(3) at least 75 percent of the production costs (excluding post-production) paid or incurred directly or predominantly in the actual filming or recording of each qualified commercial must be qualified production costs;

(4) the qualified production costs listed on the application correspond to one or more of the department's two component programs as established by section 28(a)(2)(i) and (ii) of the Tax Law and meet their individual criteria established in section 180.5 of this Part; and

(5) the applicant did not knowingly submit false or misleading information to the department.