What's happening
This bill expands eligibility for the Empire State film production tax credit to certain areas in Rockland and Westchester counties outside the Manhattan "film zone."
Why it matters
Expanding the credit to Rockland and Westchester (outside the film zone) could incentivize more film and TV production in suburban areas close to NYC. , potentially bringing economic activity, jobs, and infrastructure investment to communities that are often overlooked by the industry.
The bill clarifies and codifies the definition of the "film zone" as a 25-mile radius from Columbus Circle in Manhattan. , which gives filmmakers and local officials a clear boundary for where enhanced tax credits apply, creating more predictable business planning.
By explicitly excluding areas inside the film zone from the new eligibility, the bill aims to balance support for upstate and non-central regions without further concentrating benefits in already popular NYC locations. , which could help diversify filming locations across the state and address regional economic disparities.
The continued annual cap of $5 million for these enhanced credits means the fiscal impact is limited and controlled. , but competition for these credits could become more intense as more areas become eligible, possibly encouraging faster project applications and decisions from production companies.
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Limit Film Tax Credits
Plain English, a few words. Used as the page title.
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History
- Referred to ways and means
- Referred to ways and means
Companion bill
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Limit Film Tax Credits
In Senate Committee · Investigations And Government Operations · Sponsor Pete Harckham
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3883
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the definition of film zone and the exclusion of the film zone from the additional empire state film production credit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 5 of subdivision (a) of section 24 of the tax law, as amended by section 1 of part M of chapter 59 of the laws of 2017, is amended to read as follows:
(5) For the period two thousand fifteen through two thousand twentytwo, in addition to the amount of credit established in paragraph two of this subdivision, a taxpayer shall be allowed a credit equal to the product (or pro rata share of the product, in the case of a member of a partnership) of ten percent and the amount of wages or salaries paid to individuals directly employed (excluding those employed as writers, directors, music directors, producers and performers, including background actors with no scripted lines) by a qualified film production company or a qualified independent film production company for services performed by those individuals in one of the counties or areas specified in this paragraph in connection with a qualified film with a minimum budget of five hundred thousand dollars. For purposes of this additional credit, the services must be performed in one or more of the following counties or areas: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, [or] Yates, or any area in the counties of Rockland
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06480-01-9
A. 3883 2
or Westchester which is not located in the film zone as defined in paragraph nine of subdivision (b) of this section. The aggregate amount of tax credits allowed pursuant to the authority of this paragraph shall be five million dollars each year during the period two thousand fifteen through two thousand twenty-two of the annual allocation made available to the program pursuant to paragraph four of subdivision (e) of this section. Such aggregate amount of credits shall be allocated by the governor's office for motion picture and television development among taxpayers in order of priority based upon the date of filing an application for allocation of film production credit with such office. If the total amount of allocated credits applied for under this paragraph in any year exceeds the aggregate amount of tax credits allowed for such year under this paragraph, such excess shall be treated as having been applied for on the first day of the next year. If the total amount of allocated tax credits applied for under this paragraph at the conclusion of any year is less than five million dollars, the remainder shall be treated as part of the annual allocation made available to the program pursuant to paragraph four of subdivision (e) of this section. However, in no event may the total of the credits allocated under this paragraph and the credits allocated under paragraph five of subdivision (a) of section thirty-one of this article exceed five million dollars in any year during the period two thousand fifteen through two thousand twenty-two.
§ 2. Subdivision (b) of section 24 of the tax law is amended by adding a new paragraph 9 to read as follows:
(9) "Film zone" shall mean an area within a twenty-five mile radius of Columbus Circle in the borough of Manhattan.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.