New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XXVI - Life Sciences Research and Development
Part 270 - New York City Musical and Theatrical Production Tax Credit Program
Section 270.4 - Application process

(1) An applicant shall submit an initial application to the department prior to the scheduled first performance of the production for which it seeks a tax credit under this article. The purpose of the initial application is to notify the department of its intent to produce a qualified New York City musical and theatrical production in a qualified New York City production facility and to submit a final application for the New York City musical and theatrical production tax credit program.

(2) The department shall evaluate the initial application based upon the completeness of the application and whether it complies with section 270.3 of this Part and is submitted in accordance with paragraph (1) of this subdivision.

(3) After review of the initial application, the department shall notify the applicant of its eligibility and, if deemed eligible, shall issue a certificate of conditional eligibility to the applicant.

(4) In no event may a qualified New York City musical and theatrical production submit an initial application for this program after December 31, 2022.

(1) An applicant shall submit a final application to the department within 90 days of the end of the credit period of a qualified New York City musical and theatrical production company.

(2) Upon receipt of a final application, the department may request additional documentation, including copies of receipts of qualified musical and theatrical production expenditures, to determine if the production qualifies for the New York City musical and theatrical production tax credit. The department shall approve or disapprove the final application based upon criteria set forth in section 270.5 of this Part. If the final application is approved, the department shall issue a certificate of tax credit to the approved applicant. The department shall provide a copy of such certificate of tax credit to the Department of Taxation and Finance. If the final application is disapproved, the department shall provide the applicant with a notice of disapproval which shall state the reasons therefor. Such disapproval shall be a rejection of the applicant's final application. A disapproved applicant may appeal such decision pursuant to section 270.9 of this Part or reapply pursuant to the provisions of this Part.