New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XXIII - EMPIRE STATE POST PRODUCTION TAX CREDIT PROGRAM
Part 230 - EMPIRE STATE POST PRODUCTION TAX CREDIT PROGRAM
Section 230.6 - Criteria for evaluation of applications
Universal Citation: 5 NY Comp Codes Rules and Regs ยง 230.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Initial application.
An initial application shall be reviewed by the department to determine, in its discretion, that all of the following criteria are met:
(1) the application is
complete;
(2) the application is
not premature;
(3) the application
has been submitted prior to the end of principal photography;
(4) the authorized applicant is a qualified
film production company;
(5) the
authorized applicant is planning to complete a qualified film;
(6) the authorized applicant's projected
qualified post production costs, excluding costs for visual effects and
animation, paid or incurred which are attributable to the use of tangible
property or the performance of services at a qualified post production facility
in the production of a qualified film is projected to equal or exceed 75
percent of the projected total post production costs, excluding costs for
visual effects and animation, paid or incurred in the post production of a
qualified film at any post production facility; or the authorized applicant's
projected qualified post production costs for visual effects or animation at a
qualified post production facility meet or exceed $3 million or twenty (20)
percent of the total post production costs for visual effects or animation paid
or incurred in the post production of a qualified film at any post production
facility, whichever is less;
(7)
the authorized applicant did not knowingly submit false or misleading
information to the department;
(8)
the authorized applicant certifies that it will purchase taxable tangible
property and services, defined as qualified post production costs, only from
companies registered to collect and remit New York State and local sales and
use taxes;
(9) the authorized
applicant intends to comply with the end credit requirements set forth in
section
230.2(h)
of this Part.
(b) Final application.
A final application shall not be approved by the department unless the department determines, in its discretion, that the following criteria are met:
(1) the application
is complete;
(2) a qualified film
was produced and completed;
(3) the
applicant's qualified post production costs, excluding costs for visual effects
and animation, paid or incurred which are attributable to the use of tangible
property or the performance of services at a qualified post production facility
in the production of a qualified film equaled or exceeded 75 percent of the
total post production costs, excluding costs for visual effects and animation,
paid or incurred in the post production of a qualified film at any post
production facility; or the authorized applicant's qualified post production
costs for visual effects or animation at a qualified post production facility
met or exceeded $3 million or 20 percent of the total post production costs for
visual effects or animation paid or incurred in the post production of a
qualified film at any post production facility, whichever was less;
(4) the applicant did not knowingly submit
false or misleading information to the department;
(5) the applicant supplied documentation
(e.g., still shot, frame grab, finished DVD or such other
documentation such as the department may require) that the end credit
requirements set forth in section
230.2(h)
of this Part have been met.
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