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Find production companies, locations services, film equipment and camera rental companies, post production companies, film crew, and many more production services for your commercial, TV or film production in New York, USA, including New York City, Brooklyn, Buffalo, New Jersey and New York.

USA

Tax Incentives - Useful tax information for filming in New York, USA

Type of Incentive
30% Refundable Tax Credit
Maximum Benefit
  • 30% refundable tax credit for film production.

  • 5% to 20% tax credit available for commercial projects with >= 75% of production costs (excluding post) in NYS.

  • Add'l Credit: Beginning 2015, 10% additional credit for BTL labor expenses incurred in certain counties in upstate New York.

Compensation and Project Caps/ Funding Per Year

This incentive program is administered on a first-come, first- served basis.

Annual Cap: $420M for all tax credits per year through 2019; of that, post- production credits are allocated $7M in 2014 and $25M in 2015 through 2019, and funding set aside for the Upstate New York Bonus is $5M in 2015 through 2019.

Project Cap: None. Comp Cap: None.

What Qualifies

Costs attributable to the use of tangible property or the performance of 'Below the Line' services within the state directly and predominately in the preproduction, production, and post-production of a qualified film. Purchases qualify from NYS Registered Sales Tax Vendors (see Publication 28, NYS Sales Tax).

Sunset/Review
2019-12-31 00:00:00
Application Considerations

Applications can be submitted up to 180 days but no later than 10 business days prior to the start of principal and ongoing photography. Applications submitted more than 180 days prior to the scheduled start of principal photography will not be accepted.

Application Considerations

The production entity must report the allocation year directly on their empire state film production credit form for each year a credit is claimed and include a copy of the certificate with their tax return. A production cannot claim the credit before the later of the taxable year the production of the qualified film is complete or the taxable year immediately following the allocation year for which the film has been allocated credit by the Governor's Office for Motion Picture and Television Development. Beginning in 2015, certain applicants may opt for a CPA Agreed-Upon-Procedures review to help expedite processing of the tax credit certificate.

Loan-Out Company Considerations

Registration: None.

Withholding: None.

Crew Base Considerations

Substantial crew base, especially in New York City.

Is Mappable
No
Has Incentive Program
No
You Should Know

If the amount of the credit is $1M-$5M, the credit shall be claimed in equal installments over a two-year period. If the amount of the credit >= $5M, the credit shall be claimed in three equal installments, over a three-year period.

Project Criteria

There are two levels of eligible productions with separate requirements to qualify expenditures in a (A) facility located in NY and for (B) NY location shooting costs:

Level 1 ('Independent' Productions)

  • Production budget (excluding post) <= $15M AND produced by a company <= 5% owned, directly or indirectly, by a publicly traded entity.

  • Level 1 Stage Requirements: Projects must build and use a qualified set on a stage in a QPF for at least one day to recover qualified costs incurred at a qualified production facility (QPF).

Level 2

  • Production budget (excluding post) > $15M OR is being produced by a company > 5% owned, directly or by a publicly traded entity.

  • Level 2 Stage Requirements: Projects (other than pilots) must build and use a qualified set on a stage in a QPF for at least 10% of the principal photography days AND productions (including pilots) filming in NYC must use a Level 2 QPF (certified as such by the Film Office) to recover qualified costs incurred at a QPF.

(A) For NY Facility costs to qualify (Levels 1 AND 2): Productions must (1) spend >= 75% of all facility-related costs (within and outside NYS) at a QPF AND (2) have at least one shooting day in a QPF.

(B) For NY location shooting costs to qualify (Levels 1 AND 2): Location shooting days in NYS (outside QPF) must be >= 75% of the total location shooting days (within and outside NYS) OR spend at QPF >= $3M to recover the location and non-facility costs (including post-production work).

Post-production costs can be recovered when both the 'stage' and 'location' requirements are met.

Requirements to qualify as a 'Relocated Television Production' include:

  • TV talk or variety program must have filmed at least five seasons prior to its first relocated season in NY.

  • Has a studio audience of 200 or more people.

  • Either (1) incurs at least $30M in annual production costs in NY OR (2) incurs at least $10M in qualified capital expenditures at a qualified facility.

10% Upstate NY Bonus: Minimum budget = $500K. Eligible Counties: Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Wayne, Wyoming, or Yates.

Commissioner

New York State Governor's Office for Motion Picture and Television Development | www.nylovesfilm.com | Gigi Semone, Executive Director Phone: 212.803.2330 | [email protected]


Additional Benefit

Name
Sales and Use Tax Exemption

Cap

Annual
420000000

Features

Soundstages
Yes
Post Facilities
Yes
Water Tank
No
Beach
Yes
Bridges
Yes
Big City
Yes
Desert
No
Mountains
Yes
Historical Architecture
Yes
Southern
No
Tropical
No

Expenditure

In-State Vendors
NA
Out-of-State Vendors
NA
Fringes Paid
NA
Taxes Paid
NA

Qualified Compensation Expenditures

Animation
Yes
Award Shows
No
Broadway
No
Commercials
Yes
Documentaries
No
Feature Films
Yes
Game Shows
No
Industrials
No
Infomercials
No
Interactive Media and Video Games
No
Music Videos
No
News
No
Post-Production
Yes
Reality Shows
No
Scripted Shows
Yes
Soundtrack
No
Sporting Events
No
Talk Shows
No
Trailers
Yes
Visual Effects
Yes
Webisodes
No

Proposed Legislation

Identifier
NY CLS Tax § 24
Identifier
5 NYCRR § 170.1

These materials have been prepared by Entertainment Partners for informational purposes only and should not be construed as tax advice or relied on for specific projects. Though every effort has been made to remain current, laws and incentives change and, therefore, this information may have been revised. Please contact EP Financial Solutions or your legal or tax advisors to confirm any laws or the effect of incentives on your project.

Copyright © 2017 Entertainment Partners. All Rights Reserved.