Production Incentives for Independent Films in New York
Secondary Incentives
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Incentive Type:
Qualifying Production Types
Feature Film
Sunset Date
December 31, 2028
None
Wrapbook's Rule to Remember
Total ATL salaries cannot exceed 40% of all other qualified costs and only two producers can qualify
Basic Incentive Information
- Spend30-50%
- Above the Line Residents30-50%
- Above the Line Non-Residents30-50%
- Below the Line Residents30-50%
- Below the Line Non-Residents30-50%
- Minimum Spend$1,000,000
- Funding Cap$100,000,000
- Project CapNone
- Loan Out RegistrationNo
- Loan Out WithholdingNone
- CPA Audit RequiredYes
- Screen Credit RequiredYes
In order to get the maximum return listed in ranges, check out Additional Bonuses.
Project Criteria
The minimum spend is $250,000 if the majority of principal photography shooting days occur in any other county outside of Westchester, Rockland, Nassau, or Suffolk county or any of the five New York City boroughs. (with the exception of a television pilot)
Features must have a runtime of at least 75 minutes.
For any NY spend outside the qualified production facility to qualify, at least 75% of the budget must take place in New York OR the production must spend at least $3,000,000 at the qualified production facility. If shooting at more than one production facility, at least 75% of the total expenses related to work, excluding post-production, done at all facilities must be related to work done at the qualified production facility.
Contact the film office for more details.
Additional Bonuses
Production Plus Program: a 5% to 10% bump for production companies (and their affiliates) that submit two or more initial applications.
• If the initial applications total at least $20,000,000 in qualified production
costs in New York State, the company may receive an additional 5% credit on
qualified spend for the projects.
• If the initial applications total at least $100,000,000 in qualified production
costs in New York State, the company may receive an additional 10% credit on
qualified spend for the projects.
This bonus is intended to incentivize slate production in the state. Initial applications for feature films submitted before December 31, 2028.
Upstate Bonus: a 10% bump on qualified labor expenses incurred in certain upstate counties, including: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, and Yates. Productions must have a qualified spend of at least $500,000 in order to qualify.
Effective until 2036, there is a maximum of $5,000,000 per year that can be allocated for the Upstate Bonus.
Upstate productions in counties specified above shall include qualifying above-the-line salaries incurred in those counties as eligible for the 10% additional credit.
In addition, if the production company shoots more than 50% of principal photography days in the specified counties, all other qualified costs incurred in those counties are eligible for the 10% additional credit.
Contact the film office for more details.
How to Apply
The online application can be found in the Application Materials section of New York’s website.
Contact the film office for more details.
Additional Information
$20,000,000 of the $100,000,000 for qualified independent production companies is set aside for projects with budgets less than $10,000,000, and $80,000,000 is set aside for projects with budgets more than $10,000,000.
The following above-the-line salaries qualify for the tax credit: director, writers, actors, composers and two (2) producers (one executive producer responsible for overall creative management, one line producer responsible for overall production management). ATL salaries are limited to 40% of all other qualified production costs.
For applications filed after January 1, 2025, productions can claim their credits in the allocation year.
For applications filed prior to January 1, 2025, the previous payout timeline remains in effect: If the amount of the tax credits issued is $1,000,000 to $5,000,000, the credit will be claimed in equal installments over a two-year period. If the amount of the credits is greater than $5,000,000, the credit will be claimed in three equal installments, over a three-year period.
A written anti-harassment form and diversity plans are now required.
Contact the film office for more details.
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Disclaimer
At Wrapbook, we pride ourselves on providing outstanding free resources to producers and their crews, but this page is for informational purposes only as of the date above. The content on our website is not intended to provide and should not be relied on for legal, accounting, or tax advice. You should consult with your own legal, accounting, or tax advisors to determine how this general information may apply to your specific circumstances.