Bill Text: NY S06997 | 2023-2024 | General Assembly | Amended
Bill Title: Amends the eligibility criteria for game development companies by changing the yearly timeframe structure, lowering the dollar threshold per production, and removing the in-state cost incurred threshold to accurately fit current digital gaming industry models.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-06-05 - referred to ways and means [S06997 Detail]
Download: New_York-2023-S06997-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6997--B 2023-2024 Regular Sessions IN SENATE May 16, 2023 ___________ Introduced by Sens. BRESLIN, COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Reven- ue -- recommitted to the Committee on Budget and Revenue in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to the eligibility criteria for the digital gaming tax credit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions (b) and (c) of section 45 of the tax law, as 2 added by section 1 of part OO of chapter 59 of the laws of 2022, are 3 amended to read as follows: 4 (b) Allocation of credit. The aggregate amount of tax credits allowed 5 under this section, subdivision fifty-five of section two hundred ten-B 6 and subsection (nnn) of section six hundred six of this chapter in any 7 taxable year shall be five million dollars. Such credit shall be allo- 8 cated by the department of economic development in order of priority 9 based upon the date of filing an application for allocation of digital 10 gaming media production credit with such office. An applicant shall 11 submit an annual application which shall include all qualified digital 12 gaming media productions for the taxable year along with an estimate of 13 the digital gaming media production costs. The application can be 14 submitted no earlier than ninety days prior to the first day of the 15 applicable taxable year. If the total amount of allocated credits 16 applied for in any particular year exceeds the aggregate amount of tax 17 credits allowed for such year under this section, such excess shall be 18 treated as having been applied for on the first day of the subsequent 19 taxable year. 20 (c) Definitions. As used in this section: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11262-06-4S. 6997--B 2 1 (1) "Qualified digital gaming media production" means: (i) a website, 2 the digital media production costs of which are paid or incurred predo- 3 minately in connection with (A) video simulation, animation, text, 4 audio, graphics or similar gaming related property embodied in digital 5 format, and (B) interactive features of digital gaming (e.g., links, 6 message boards, communities or content manipulation); (ii) video or 7 interactive games produced primarily for distribution over the internet, 8 wireless network or successors thereto; and (iii) animation, simulation 9 or embedded graphics digital gaming related software intended for 10 commercial distribution regardless of medium; provided, however, that 11 the qualified digital game development media productions described in 12 subparagraphs (i) through (iii) of this paragraph must have digital 13 media production costs equal to or in excess of [one hundred] fifty 14 thousand dollars per production. A qualified digital gaming media 15 production does not include a website, video, interactive game or soft- 16 ware that is used predominately for: electronic commerce (retail or 17 wholesale purposes other than the sale of video interactive games), 18 gambling (including activities regulated by a New York gaming agency), 19 or political advocacy purposes. 20 (2) "Digital gaming media production costs" means any costs for wages 21 [or salaries] paid to individuals, [other than actors or writers,] 22 directly employed for services performed by those individuals directly 23 [and predominantly] in the creation of a digital gaming media production 24 or productions. [Up to one hundred thousand dollars in wages and sala-25ries paid to such employees, other than actors and writers, directly26employed shall be used in the calculation of this credit.] Digital 27 gaming media production costs include but shall not be limited to 28 payments for services performed directly [and predominantly] in the 29 development (including concept creation), [design,] production (includ- 30 ing concept creation), design, production (including testing), editing 31 (including encoding) and compositing (including the integration of 32 digital files for interaction by end users) of digital gaming media. 33 Digital gaming media production costs shall not include expenses 34 incurred for the distribution, marketing, promotion, or advertising 35 content generated by end users, other costs not directly [and predomi-36nantly] related to the creation, production or modification of digital 37 gaming media or costs used by the taxpayer as a basis of the calculation 38 of any other tax credit allowed under this chapter. In addition, [sala-39ries or other income distribution] wages related to the creation of 40 digital gaming media for any person who predominately serves in a corpo- 41 rate capacity in the role of chief executive officer, chief financial 42 officer, president, treasurer or similar corporate position and who is 43 not directly engaged in services related to the creation of a digital 44 gaming media production or productions shall not be included as digital 45 gaming media production costs if the digital gaming media production 46 entity has more then ten employees. [Salaries or other income] Wages 47 paid to a person serving in such a role for the digital gaming media 48 production entity shall also not be included if the person was employed 49 by a related person of the digital gaming media production entity within 50 sixty months of the date the digital gaming media production entity 51 applied for the tax credit certificate described in subdivision (d) of 52 this section. For purposes of the preceding sentence, a related person 53 shall have the same meaning as the term "related person" in section four 54 hundred sixty-five of the internal revenue code. [Furthermore, any55income or other distribution to any individual including, but not limit-56ed to, licensing or royalty fees, who holds an ownership interest in aS. 6997--B 3 1digital gaming media production entity, whether or not such individual2is serving in the role of chief executive officer, chief financial offi-3cer, president, treasurer or similar position for such an entity, shall4not be included as digital gaming media production costs. Up to four5million dollars in qualified digital gaming media production costs per6production shall be used in the calculation of this credit.] Digital 7 gaming media production costs shall not include those costs used by the 8 taxpayer or another taxpayer as the basis calculation of any other tax 9 credit allowed under this chapter. 10 (3) "Qualified digital gaming media production costs" means digital 11 gaming media production costs only to the extent such costs are attrib- 12 utable to the use of property or the performance of services by any 13 persons within the state directly [and predominantly] in the creation, 14 production or modification of digital gaming related media. [Such total15production costs incurred and paid in this state shall be equal to or16exceed seventy-five percent of total cost of an eligible production17incurred and paid within and without this state.] 18 (4) "Digital gaming media production entity" means a corporation, 19 partnership, limited partnership or other entity or individual engaged 20 in qualified digital game development media production. 21 § 2. This act shall take effect immediately and shall apply to taxable 22 years beginning on and after January 1, 2024 and before January 1, 2028.