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 170.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this regulation, the following terms shall have
				  the following meanings:
(a)
Authorized applicant
means a qualified film production company
				that is scheduled to begin principal and ongoing photography on a qualified
				film after submitting a complete initial application to the department and
				intends to shoot a minimum of one day of principal and ongoing photography on a
				stage at a qualified film production facility on a set or sets. For the
				purposes of this definition a day of shooting principal photography shall mean
				a minimum of eight hours from first unit crew call to wrap during which time
				the director, first unit crew and principal performer(s) are engaged in the
				production of principal photography on a stage on a set or sets built
				specifically for the production. A Level Two applicant must shoot 10 percent of
				all principal photography days at a qualified film production facility on a set
				or sets built specifically for the production as outlined above. The department
				shall determine which principal and ongoing shooting schedule shall satisfy the
				requirements of the Program.
(b)
Allocation year
means the particular tax year for which tax
				credits are allocated pursuant to section 24 (e) of the Tax Law, which year
				shall be determined by the amount of funds available as of the date of issuance
				of the tax credit certificate.
(c)
Certificate of conditional eligibility
means a notification by
				the department to the authorized applicant indicating that the applicant
				appears to meet the criteria set forth in section
				170.6(a) of this
				Part and is being considered for the Empire State film production tax credit,
				pending successful completion and approval of the final application. Such
				notification may include, but not be limited to, the following information:
				name and address of the authorized applicant, taxpayer identification number, a
				statement that the initial application meets the criteria for conditional
				eligibility under section
				170.6(a)(1)-(12)
				of this Part and a disclaimer stating that actual receipt of the tax credit is
				subject to completion and approval of the final application.
(d)
Certificate of tax
				credit
means a certificate issued by the department which states the
				amount of the Empire State film production tax credit that the approved
				applicant has qualified for, based on the department's analysis under section
				24 of the Tax Law and the provisions of this Part. Such certificate may
				include, but not be limited to, the following information: name and address of
				the approved applicant, name of the qualified film the credit applies to, the
				amount of the tax credit to be received by the approved applicant, allocation
				year of the tax credit earned, for applicants who applied to the Program prior
				to April 1, 2023, a disclaimer stating that the tax credit shall not be claimed
				before the later of either the taxable year the production of the qualified
				film is complete or the taxable year immediately following the allocation year
				for which the film has been allocated credit, and a disclaimer stating that
				actual receipt of the tax credit is subject to the statutory maximum amount of
				credits that are allocated for the program. Note that for applicants who
				applied to the Program after April 1, 2023 such certificate shall contain, in
				addition to the parameters listed above, a disclaimer stating that the tax
				credit shall not be claimed before the later of the taxable year the production
				of the qualified film is complete or the taxable year that includes the last
				day of the allocation year for which the film has been allocated credit by the
				department.
(e)
Complete
				application
means that all required information is provided in the
				form and manner prescribed by the department.
(f)
Completion of a qualified
				film
means that the process of post production of a qualified film has
				been finished and a DCP, or other final locked form of the qualified film is
				ready for delivery to the primary venue. All expenses related to archiving,
				marketing and distribution, including, but not limited to, the making of copies
				and promotional materials are considered to occur after the production of a
				qualified film is completed.
(g)
Commissioner
means the Commissioner of the New York State
				Department of Economic Development.
(h)
Department
means the New
				York State Department of Economic Development.
(i)
Digital Cinema Package
				(DCP)
means a collection of digital files used to store and convey
				digital cinema (DC) audio, image, and data streams.
(j)
Diversity impact data
means information submitted by an authorized applicant that describes the
				gender and race/ethnicity of all individuals working on a production seeking
				the tax credit under this Part. In order for the department to aggregate data,
				this includes the legal gender of all individuals and, to the extent disclosed,
				the race/ethnicity/gender identity of all individuals. This shall include
				information on the diverse business ownership of vendors working on a
				production, to the extent the information is known and verifiable to the
				production, in addition to job creation numbers for production and
				post-production staff and crew at entry, middle and management level positions;
				and talent positions (cast and extras). Productions may utilize self-reporting
				and identification by the individual members of the production workforce and
				vendors, employment, payroll, and human resources data, and other sources in
				order to collect and aggregate this information.
(k)
Diversity plan
means
				that information contained in the initial application's project summary and
				supporting documentation as necessary which includes, but is not limited to:
(1) an authorized applicant's specific goals
				for hiring a diverse workforce on a production that applies for the tax credit
				under this Part;
(2) whether and
				how such authorized applicant intends to participate in training, education,
				and recruitment programs that are designed to promote and encourage the
				training and hiring in the film and television industry of New York residents
				who represent the diversity of the State's population; and
(3) an authorized applicant's plan for hiring
				vendors with diverse ownership. The diversity plan shall detail the manner in
				which the applicant proposes to achieve its goals to ensure employment of a
				diverse workforce on the production.