Eligibility Factors

Tax Incentives

(Per New York State)

  • Program credits of $420 million per year can be allocated and used to encourage companies to produce film projects in New York and help create and maintain film industry jobs.
  • Production companies may be eligible to receive a fully refundable credit of 25 percent of qualified production costs and post-production costs incurred in New York State (NYS).
  • For the period 2015 – 2025, per New York State’s NY Loves Film, productions with budgets over $500,000 can receive an additional 10 percent credit on qualified labor expenses incurred in Oneida County, the home of The Stanley Theatre.
  • There is a maximum of $5 million per year that can be allocated for the additional 10 percent credit on qualified labor expenses.

 

Key Eligibility Factors

(per New York State, subject to change)

  • The Program is limited to feature films, television series, relocated television series, television pilots, and films for television.
  • “Qualified  film” shall not  include (i) a documentary film, news or current affairs program, interview or  talk  program,  “how-to”  (i.e., instructional)  film  or program, film or program consisting primarily of stock footage, sporting event  or  sporting  program, game show, award ceremony, film or program intended primarily for industrial, corporate or institutional end-users, fundraising film or program, daytime drama (i.e., daytime “soap opera”), commercials, music videos or “reality” program, (ii) a production for which records are required under section 2257 of title 18, United States code, to be maintained with respect to any performer in such  production (reporting  of  books, films, etc. with  respect to sexually explicit conduct), or (iii) other than a relocated television production, a television series commonly known as variety entertainment, variety sketch and variety talk, i.e., a program with components of improvisational or scripted content (monologues, sketches, interviews), either exclusively or in combination with other entertainment elements such as musical performances, dancing, cooking, crafts, pranks, stunts.
  • The production credit is available for companies that film a substantial portion of their project in NYS.

 

For up-to-date information on Tax Incentives and Key Eligibility Factors for New York State’s Film and Television Production,

please visit: https://esd.ny.gov/new-york-state-film-tax-credit-program-production

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