The New York City "Made in NY" Film Production Tax Credit program provides qualifying film and television productions a fully-refundable tax credit equal to 5% of qualified production expenditures. 

New York State offers a separate, but similar program, which provides qualifying film and television productions a 30% credit, for a total tax credit equal to 35% of qualified production expenditures.

Who is Eligible?

Eligible productions include:
• Feature Films
• Television series
• Television pilots
• Television movies and miniseries

Certain categories of productions are excluded from the program, including documentaries, news or current affairs programs, interview or talk shows, instructional videos, sport shows or events, daytime soap operas, reality programs, commercials, music videos, etc.

What Requirements Must Be Met?

All eligibility requirements must be met entirely within the five boroughs of New York City in order to qualify for the 5% City credit.  To qualify for the 30% New York State credit, the eligibility requirements must be met entirely within New York State.

For a feature film or television project to be eligible for the credit, the production must first:
1)   build a set and shoot at least one day on a stage at a qualified production facility
2)   complete at least 75% of the total facility related expenses at a qualified facility

These productions will qualify for the tax credit for the work done at the facility.

For a list of qualified film production facilities within New York City, click here.

Once the stage requirement is met, the costs of location work, post-production, and other work done in New York, but outside the facility are eligible if at least 75% of the location shooting days are in New York.  If the production spends at least $3 million on work incurred at the qualified facility, the location threshold is waived.

What Costs Are Eligible?

QUALIFIED COSTS - Qualified production costs are generally below-the-line costs that include the costs of technical and crew production, facilities, props, makeup, wardrobe, set construction, background talent, etc., and generally exclude costs of stories and scripts, and wages for writers, directors, producers and performers (other than extras without spoken lines).

For additional detail on which costs are qualified, see the Schedule of Qualified Expenditures.
Schedule of Qualified Expenditures FORM B

WORK INCURRED IN NEW YORK - The tax credit is based on where the work is incurred.  Costs for goods and services that are used in New York State are eligible for the State credit.  Costs for goods and services used within New York City are also eligible for the City credit.  New York City consists of the five boroughs of the Bronx, Queens, Staten Island, and Manhattan.

The cost of goods and services (including labor costs) used in New York is qualified, even if they are purchased, leased, or rented from outside New York and brought into New York.  If a person who lives outside New York is hired to work in New York, his or her labor cost is qualified.  However, shipping and travel costs to bring equipment or personnel to New York are not qualified. 

On the other hand, costs for shooting days outside New York are NOT qualified.  Even if the crew lives in New York, or goods or services are puchased/rented in New York, if they are brought outside of New York for shooting that takes place outside of New York, then those costs are NOT qualified.

How Is the Credit Recieved?

CREDIT RECIPIENT
NY City Credit: The tax credit recipient is always the applicant, including LLCs.

NY State Credit:  The State credit is issued to the applicant when the applicant is a C corporation.  New York State does not recognize unincorporated businesses or S corps as taxable entities.  In those cases, the State credit is issued to members and/or partners - (see the Initial Application Instructions.)

CLAIMING THE CREDIT
You will claim the tax credit when you file your tax return for the year in which the production is completed.

NY City Credit: File either a New York City corporate or unincorporated business tax return with the appropriate schedule and a copy of the New York City tax credit certificate.

NY State Credit: File either a New York State corporate or individual tax return with the appropriate schedule and a copy of the New York State tax credit certificate.

CREDIT PAYOUT
The credit is claimed on the applicant's New York City and New York State tax returns for the year in which the production was completed. 

NY City Credit: The New York City 5% refundable credit is applied to the applicant's New York City tax liability.  If the credit results in a refund, it is issued in two equal payments in successive years. 

NY State Credit: The credit is issued in one to three installments, depending on the size of the credit

Applications must be submitted prior to the start of principal and ongoing photography, but not more than 90 days prior to the start of principal and ongoing photography.

Application Process

The tax credit programs are administered separately by the New York City Mayor's Office of Film, Theatre and Broadcasting and the New York State Office for Motion Picture and Television Development.  Separate, complete applications with original signatures must be submitted to both offices and all correspondence should be addressed to both offices.  

1)   The Initial Application must be submitted to the State and/or the City prior to of principal and ongoing photography.
- NY State accepts initial applications up to 180 days prior to the start of principal and ongoing photography.
- NY City accepts initial applications up to 90 days prior to the start of principal and ongoing photography.

2)   If applying for both credits, you need to submit copies of the application (and all future paperwork) to both offices individually. 

3)   After submitting the application, schedule a meeting with the State and City offices prior to the start of photography.

4)   The Final Application must be submitted no more than 60 days (90 days for the City) after the completion of the project.
     
Applications and Regulations

Initial Application
Initial Application FORM A
Form A Instructions
Schedule of Qualified Expenditures FORM B
Initial Budget Cost Qualifier FORM C

Final Application
Final Application FORM D
Final Budget Cost Qualifier FORM E
Employment Report FORM F

Regulations
The New York City credit is administered by the City of New York Mayor’s Office of Film, Theatre and Broadcasting. For a copy of the rules click here.