New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31T - GARDEN STATE FILM AND DIGITAL MEDIA JOBS PROGRAM › Subchapter 1 - GARDEN STATE FILM AND DIGITAL MEDIA JOBS PROGRAM › Section 19:31T-1.4 - Application submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A completed application for film tax
				  credits shall include:
1. A preliminary
				  budget for the film project with a breakout of projected costs, including
				  pre-production costs and post-production costs;
2. A breakout of projected total film
				  production expenses, excluding pre-production costs, to be incurred, pursuant
				  to N.J.A.C. 19:31T-1.3(a)1, for services performed and goods purchased through
				  vendors authorized to do business in New Jersey;
3. A breakout of projected qualified film
				  production expenses, pursuant to N.J.A.C. 19:31T-1.3(a)2, in New
				  Jersey;
4. For applications filed
				  before July 2, 2021 (the effective date of
				  P.L.
				  2021, c. 160), a
				  breakout of projected costs, including pre-production and post-production
				  costs, to be incurred, pursuant to N.J.A.C. 19:31T-1.6(h)2 or 3, for services
				  performed and tangible personal property purchased through a vendor whose
				  primary place of business is located in Atlantic, Burlington, Camden, Cape May,
				  Cumberland, Gloucester, Mercer, or Salem County; and for applications filed on
				  or after July 2, 2021 (the effective date of
				  P.L.
				  2021, c. 367), a
				  breakout of projected costs, including pre-production and post-production
				  costs, to be incurred, pursuant to N.J.A.C. 19:31T-1.6(a)2 for services
				  performed and tangible personal property purchased for use at a sound stage or
				  other location that is located in the State within a 30-mile radius of the
				  intersection of Eighth Avenue/Central Park West, Broadway, and West 59th
				  Street/Central Park South, New York, New York;
5. A description of the film project, which
				  must include:
i. A plot summary;
ii. The genre and subject matter;
iii. The anticipated film rating, if
				  applicable;
iv. The names of
				  principals and actors; and
v. The
				  location(s) for filming;
6. The filming schedule;
7. The anticipated or actual dates of
				  commencement and completion of principal photography and total film production
				  expenses;
8. If the applicant is a
				  partnership or limited liability company, a list of members or owners applying
				  for a tax credit pursuant to this program, including the percentage of
				  ownership interest of each;
9. If
				  the applicant intends to participate in the bonus amount of tax credit for a
				  diversity plan pursuant to N.J.A.C. 19:31T-1.6(
l
)1,
				  satisfaction of the requirements at N.J.A.C. 19:31T-1.6(
l
)1i,
				  ii, iii, and iv; and for the increased bonus amount of tax credits pursuant to
				  N.J.A.C. 19:31T-1.6(
l
)2, satisfaction of the requirements at
				  N.J.A.C. 19:31T-1.6(
l
)2i through iii;
10. If the film production involves an
				  eligible reality show, a description of the capital investment, which shall be
				  no less than $ 3,000,000, and a description of the production facility, which
				  shall be no less than 20,000 square feet of real property, respectively, within
				  a designated enterprise zone established pursuant to the New Jersey Urban
				  Enterprise Zones Act,
				  N.J.S.A.
				  52:27H-60 et seq., or a UEZ-impacted business
				  district established pursuant to
				  N.J.S.A.
				  52:27H-66.2, and an executed letter of
				  interest, lease, sublease, deed, or purchase contract;
11. A completed legal questionnaire
				  disclosing all relevant legal matters in accordance with the Authority
				  debarment and disqualification rules at N.J.A.C. 19:30-2;
12. Submission of a tax clearance
				  certificate;
13. A list of all the
				  development subsidies, as defined at
				  N.J.S.A.
				  52:39-1 et seq., that the developer is
				  requesting or receiving, the name of the granting body, the value of each
				  development subsidy, and the aggregate value of all development subsidies
				  requested or received;
14. If the
				  applicant is seeking a film tax credit as a studio partner:
i. A certification from the studio partner
				  that it remains eligible as a studio partner; and
ii. If the applicant is not the designated
				  studio partner, one of the following:
(1)
				  Written verification that the applicant is a member of the studio partner's
				  group pursuant to
				  N.J.S.A.
				  54:10A-4.11; or
(2) For "works made for hire" for the studio
				  partner:
(A) Documentation evidencing that the
				  applicant is principally engaged in the production of film and other commercial
				  audiovisual product;
(B) An
				  executed contract with the studio partner to perform film production services
				  for the film on the studio partner's behalf such that the studio partner
				  controls the film or product during preproduction, production, and
				  post-production and all results and proceeds of such services constitute, from
				  the moment of creation, "works made for hire" for the studio partner pursuant
				  to the provisions of the Federal Copyright Act of 1976, 17 U.S.C. §§
				  101 et seq.; and
(C) Opinion of
				  counsel that the executed contract with the studio partner satisfies the
				  criteria at (a)14ii(2)(B) above;
15. If the applicant is seeking a film tax
				  credit as a film-lease production company:
i.
				  A certification from the film-lease partner facility that it remains eligible
				  as a film-lease partner facility;
ii. Filming schedule including all locations
				  in and out of the State of New Jersey;
iii. An executed lease, license, or letter of
				  intent to occupy production space in a film-lease partner facility during the
				  required principal photography shoot days at the facility; and
iv. If the applicant is not the film-lease
				  production company, one of the following:
(1)
				  Written verification that the applicant is a member of the film-lease
				  production company's combined group;
(2) Any documentation evidencing the
				  film-lease production company's ownership interest in the applicant and any
				  agreement evidencing the film-lease production company's operational role in
				  the film production; or
(3) For
				  "works made for hire" for the film-lease production company:
(A) Documentation evidencing that the
				  applicant is principally engaged in the production of film and other commercial
				  audiovisual product;
(B) An
				  executed contract with the film-lease production company to perform film
				  production services for the film on the film-lease production company's behalf
				  such that the designated film-lease production company controls the film or
				  product during pre-production, production, and post-production, and all results
				  and proceeds of such services constitute, from the moment of creation, "works
				  made for hire" for the New Jersey studio partner pursuant to the provisions of
				  the Federal Copyright Act of 1976, 17 U.S.C. §§ 101 et seq.;
				  and
(C) Opinion of counsel that the
				  executed contract with the studio partner satisfies the criteria at
				  (a)14ii(3)(B) above; and
16. Any other necessary and relevant
				  information as determined by the Authority for a specific
				  application.