New York Production Tax Incentives

Overview

  • The film production tax credit is available for all eligible productions filming a substantial portion of the project in New York state (and postproduction costs qualify toward the credit).
  • The postproduction credit is available for those productions not filmed in the state, or not filming enough in NYS to meet the eligibility criteria for the film production credit, but contract postproduction work with any of the companies located in NYS specializing in this work.
  • This credit is also available for fully animated productions completing all or part of production and postproduction in NYS. ATL salaries may not exceed 40% of total qualified costs. A film production company cannot apply for the film production credit and the postproduction credit for the same qualified postproduction costs.
  • Feature films must have a runtime of at least 75 minutes. TV episodes must have a runtime of at least 30 minutes (with commercials). Productions may claim their credit in the same allocation year.Eligible project types: Animation, commercials, feature films, pilots, scripted TV, standalone postproduction, talk shows, video games

Incentive details

Type
Refundable tax credit
Rate
30% (base) film production credit and postproduction credit. 20% for commercial productions.
Uplift(s)
10% on qualified expenditures and labor incurred in certain upstate counties for projects with a budget of $500K or more (capped at $5M annually). 5% for postproduction costs incurred upstate (postproduction only credit).
Annual Cap
$800M production; $45M postproduction; $7M commercials; $5M digital gaming
Project Cap
None
Compensation Cap
Atl salaries limited to 40% of total qualified costs and limited to director, writers, actors, composers and 2 producers (one executive producer responsible for overall creative management, one line producer responsible for overall production management).
Eligible Expenses
Tangible property or services used or performed within NYS directly and predominantly in the production of a qualified film.
Additional Info
"Downstate" refers to Westchester, Rockland, Nassau, or Suffolk County or any of the 5 NYC boroughs. NY recently introduced its "production plus" bonus credit for companies that incur at least $100M+ ($20M+ for independents) in qualified spend on at least 2 productions in NYS after 1/1/25 will be eligible for a 10% bonus (5% for independents) on subsequent projects. NY also added a 10% "music scoring" bonus if at least 5 musicians are hired for work in NY.

Requirements

Minimum Spend
Film production credit: $1M downstate filming / $250K for upstate filming. postproduction credit: $1M in qualified post costs of 75% of postproduction budget is spent in-state; VFX & animation with $500K or 10% of budget spent in-state. commercials: $500K downstate filming/ $100K upstate filming. digital gaming: $100K
Local Hire Requirement
None
Logo/End Credit Acknowledgement Required
Yes
Loanout Withholding
None
Application Timing
Submit initial application materials before starting your film project for the film production credit (recommended to submit no later than 10 days prior to the start of PP). No later than the last day of principal photography and/or before incurring any costs with a qualified postproduction vendor in NYS with respect to the postproduction credit.
Audit
CPA audit is optional

How to Apply

Application
Application Timing
New York Film Office

CONSTANCE MCFEELEY, DIRECTOR, 212-803-2328, FILMCREDITS@ESD.NY.GOV
New York State Film Tax Credit Program (Production) | Empire State Development

Helpful Links

Microsoft Word - (4)_Film_Credit_Guidelines_W_Appendix_20250417.docx

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