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 180.5 - Criteria for eligibility and calculation of credit component programs
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Downstate Credit Program.
In order to be eligible for this credit, a qualified commercial production company must film or record qualified commercials within the metropolitan commuter transportation district. The amount of the credit shall be the product (or pro rata share of the product, in the case of a member of a partnership) of 20 percent of the qualified production costs paid or incurred in the production of a qualified commercial, provided that the qualified production costs paid or incurred are attributable to the use of tangible property or in the performance of services within the State in the production of such qualified commercial.
To be eligible for the credit, the total qualified production costs of a qualified production company in the aggregate incurred in the metropolitan commuter transportation district during the calendar year must be greater than $500,000 and such credit shall be applied only to qualified production costs exceeding such amount in the calendar year.
(b) Upstate Credit Program.
In order to be eligible for this credit, a qualified commercial must film or record qualified commercials outside the metropolitan commuter transportation district. The amount of the credit shall be the product (or pro rata share of the product, in the case of a member of a partnership) of 30 percent of the qualified production costs paid or incurred in the production of a qualified commercial, provided that the qualified production costs paid or incurred are attributable to the use of tangible property or the performance of services within the State in the production of such qualified commercial.
To be eligible for the credit, the total qualified production costs of a qualified production company in the aggregate incurred outside the metropolitan commuter transportation district but within the State of New York during the calendar year must be greater than $100,000. Such credit shall be applied to all qualified production costs in the calendar year.
