S T A T E O F N E W Y O R K
________________________________________________________________________
9089
I N A S S E M B L Y
March 13, 2014
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to requiring that services
eligible for the empire state film production tax credit take place in
certain counties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 5 of subdivision (a) of section 24 of the tax
2 law, as added by section 7 of part B of chapter 59 of the laws of 2013,
3 is amended to read as follows:
4 (5) For the period two thousand fifteen through two thousand nineteen,
5 in addition to the amount of credit established in paragraph two of this
6 subdivision, a taxpayer shall be allowed a credit equal to the product
7 (or pro rata share of the product, in the case of a member of a partner-
8 ship) of ten percent and the amount of wages or salaries paid to indi-
9 viduals directly employed (excluding those employed as writers, direc-
10 tors, music directors, producers and performers, including background
11 actors with no scripted lines) by a qualified film production company or
12 a qualified independent film production company for services performed
13 by those individuals in one of the counties specified in this paragraph
14 in connection with a qualified film with a minimum budget of five
15 hundred thousand dollars. For purposes of this additional credit, the
16 services must be performed in one or more of the following counties:
17 ALBANY, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung,
18 Chenango, Clinton, COLUMBIA, Cortland, Delaware, DUTCHESS, Erie, Essex,
19 Franklin, Fulton, Genesee, GREENE, Hamilton, Herkimer, Jefferson, Lewis,
20 Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga,
21 Ontario, ORANGE, Orleans, Oswego, Otsego, PUTNAM, RENSSELAER, ROCKLAND,
22 SARATOGA, SCHENECTADY, Schoharie, Schuyler, Seneca, St. Lawrence, Steu-
23 ben, SULLIVAN, Tioga, Tompkins, ULSTER, WARREN, WASHINGTON, Wayne, Wyom-
24 ing, or Yates. The aggregate amount of tax credits allowed pursuant to
25 the authority of this paragraph shall be five million dollars each year
26 during the period two thousand fifteen through two thousand nineteen of
27 the annual allocation made available to the program pursuant to para-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10749-03-4
A. 9089 2
1 graph four of subdivision (e) of this section. Such aggregate amount of
2 credits shall be allocated by the governor's office for motion picture
3 and television development among taxpayers in order of priority based
4 upon the date of filing an application for allocation of film production
5 credit with such office. If the total amount of allocated credits
6 applied for under this paragraph in any year exceeds the aggregate
7 amount of tax credits allowed for such year under this paragraph, such
8 excess shall be treated as having been applied for on the first day of
9 the next year. If the total amount of allocated tax credits applied for
10 under this paragraph at the conclusion of any year is less than five
11 million dollars, the remainder shall be treated as part of the annual
12 allocation made available to the program pursuant to paragraph four of
13 subdivision (e) of this section. However, in no event may the total of
14 the credits allocated under this paragraph and the credits allocated
15 under paragraph five of subdivision (a) of section thirty-one of this
16 article exceed five million dollars in any year during the period two
17 thousand fifteen through two thousand nineteen.
18 S 2. This act shall take effect immediately and shall apply to taxable
19 years beginning on or after January 1, 2014.