New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVIII - Empire State Commercial Production Credit Program › Part 180 - Empire State Commercial Production Credit Program › Section 180.2 - 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)
Advertisement
means an openly and identifiably sponsored
				public promotion or announcement of goods, services, companies or ideas. For
				the purposes of this definition, advertisement shall not include music videos
				or "infomercials."
(b)
Applicant
means a qualified commercial production company or a
				sole proprietor of a qualified commercial production company which is subject
				to tax or the partners or members of which are subject to tax under article 9-A
				or 22 of the Tax Law.
(c)
Application
means a document created by the department and
				submitted by an applicant after it has completed a year of production of
				qualified commercials. Such application shall include, but not be limited to:
				actual data with regard to each individual qualified commercial's total budget,
				the actual costs incurred within the metropolitan commuter transportation
				district and the actual costs incurred outside such district and any other
				information the department determines is necessary to properly evaluate the
				application.
(d)
Certificate of tax credit
means a certificate issued by the
				department which states the amount of the Empire State commercial production
				credit that the applicant has qualified for, based on the department's analysis
				under section
				28 of the Tax Law and the provisions of this
				Part. Such certificate shall include, but not be limited to, the following
				information: name and address of the applicant, the amount of the tax credit to
				be received by the applicant and a designation of which component program the
				money has been allotted from pursuant to section
				28 (a)(i) or (ii) of the Tax
				Law.
(e)
Component
				program
means one of the two tax credit programs (the downstate credit
				or the upstate credit) established pursuant to section
				28 (a)(2)(i) and (ii) of the
				Tax Law and section
				180.5 of this Part.
(f)
Commissioner
means the
				commissioner of the department.
(g)
Downstate program
means the tax credit component program
				established in section
				28 (a)(2)(i) of the Tax Law
				which applies to eligible production companies who film or record qualified
				commercials within the metropolitan commuter transportation district.
(h)
Metropolitan commuter
				transportation district
means the area of New York State defined in
				section
				1262 of
				the Public Authorities Law.
(i)
Department
means the New York State Department of Economic
				Development.
(j)
Post-production costs
means any includes costs associated with
				the production of original content for a qualified commercial employing
				techniques traditionally used in post-production for visual effects, graphic
				design, animation and musical composition including, but not limited to,
				editing, sound editing, special effects, graphics, and color timing costs.
				Post-production costs shall not include:
(1)
				the editing of previously produced content for a qualified commercial or
				payments not made directly by a qualified commercial production
				company.