New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.6 - Criteria for evaluation of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial application.
An initial application shall be reviewed by the department to
				  determine, in its discretion, that all of the following criteria are
				  met:
(1) the application is
				complete;
(2) the application is
				not premature;
(3) the authorized
				applicant is a qualified film production company or a sole proprietor of a
				qualified film production company;
(4) the authorized applicant intends to shoot
				the required portion of principal and ongoing photography on a stage at a
				qualified film production facility on a set or sets;
(5) the authorized applicant is planning to
				produce a qualified film;
(6) the
				authorized applicant's projected qualified production costs (excluding
				post-production credits) paid or incurred which are attributable to the use of
				tangible property or the performance of services at a qualified film production
				facility in the production of a qualified film is likely to equal or exceed 75
				percent of the projected production costs (excluding post-production costs)
				paid or incurred which are attributable to the use of tangible property or the
				performance of services at any film production facility within and without the
				State in the production of the qualified film;
(7) if the qualified film being produced is a
				level two qualified production (other than a pilot), then the applicant intends
				to shoot at least 10 percent of its principal photography days at a qualified
				film production facility;
(8) if
				the qualified film being produced is a television pilot and is a level two
				qualified production, the applicant intends to shoot at least one full day of
				principal photography at a qualified film production facility;
(9) the authorized applicant did not
				knowingly submit false or misleading information to the department;
(10) the authorized applicant certifies that
				it will purchase taxable tangible property and services, defined as qualified
				production costs, only from companies registered to collect and remit New York
				State and local sales and use taxes;
(11) the authorized applicant intends to
				comply with the end credit requirements set forth in section
				170.2(n) of this
				Part;
(12) if the applicant is
				seeking credit on any costs incurred in New York outside a qualified film
				production facility, and the projected qualified production costs (excluding
				post-production costs) paid or incurred which are attributable to the use of
				tangible property or the performance of services at a qualified film production
				facility in the production of a qualified film are less than $3,000,000, then
				the shooting days spent in New York outside of a film production facility in
				the production of the qualified film are projected to equal or exceed 75
				percent of the total shooting days spent within and without New York outside of
				a film production facility in the production of such qualified film;
				and
(13) the authorized applicant
				has submitted a diversity plan.