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PRODUCTION INCENTIVES

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RECENT UPDATES - August 10, 2010

  • NEW YORK
    • Governor Paterson signed the 2010-2011 Budget Bill (S8465/A11678, which amends S6610-C/A9710-D) amending the Empire State Film Production Credit.
    • Type of Incentive: Refundable film production credit (if the credit is ≥ $1 million, but < $5 million, it is payable in equal amounts over 2 years; if the credit is ≥ $5 million, the refund is payable over 3 years from the date it can be claimed); refundable post-production tax credit (payable over 2 years); there is also an investment tax credit for qualified film production facilities
    • Maximum Benefit: 30% of qualifying production local spend; 10% of the qualifying post-production spend; 4% to 5% of the eligible investment credit base
    • Compensation and Project Caps/Funding Per Year: $2.1 billion in funding for the 2010-2014 fiscal years ("pool 2" funds), or $420 million annually with up to $7 million annually allocated to the post-production credit; "qualified independent film production company" project maximum of $15 million
    • Project Criteria: For the production credit, a minimum 1 day and at least 10% of the total principal photography shooting days (except for "qualified independents" and pilots) must be spent at a qualified facility; in addition, the qualified production costs at a qualified facility must be ≥ 75% of such total facility costs (within and outside NYS); this test applies separately to production and post-production costs, if production costs at a qualified facility are < $3,000,000, then location shooting days in NYS (outside qualified production facility) must be ≥ 75% of total shooting days (within and outside NYS), OR in the case of "qualified independents" and pilots, at least 10% of the total principal photography shooting days must be spend at a qualified facility; the post-production credit is available if the qualified post production costs at a qualified post production facility are ≥ 75% of such total facility costs (within and outside NYS); the investment tax credit is available for tangible property containing at least one sound stage ≥ 7,000 square feet
    • Sunset/Review: December 31, 2015

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