S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                 4834--A
                       2011-2012 Regular Sessions
                          I N  A S S E M B L Y
                            February 8, 2011
                               ___________
Introduced  by  M. of A. SIMOTAS, AUBRY -- read once and referred to the
  Committee on Ways and Means -- recommitted to the  Committee  on  Ways
  and  Means  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee
AN ACT to amend the tax law and chapter 60 of the laws of 2004  amending
  the  tax  law  relating  to  providing  tax  credits for certain costs
  incurred in film and television productions, in relation to the amount
  of such credits against taxes administered by cities of one million or
  more
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  Subdivision  (b)  of  section  1201-a  of the tax law, as
amended by section 5 of part Y of chapter 62 of the  laws  of  2006,  is
amended to read as follows:
  (b) Empire state film production credit. Any city in this state having
a  population  of one million or more, acting through its local legisla-
tive body, is hereby authorized to adopt and amend local laws to allow a
credit against the general corporation tax and the unincorporated  busi-
ness  tax  imposed  pursuant  to  the authority of chapter seven hundred
seventy-two of the laws of nineteen hundred  sixty-six  which  shall  be
substantially  identical to the credit allowed under section twenty-four
of this chapter, except that (A) the percentage of qualified  production
costs used to calculate such credit shall be [five] FIFTEEN percent, (B)
whenever such section twenty-four references the state, such words shall
be  read  as referencing the city, (C) such credit shall be allowed only
to a taxpayer which is a qualified film production company, and (D)  the
effective  date  of  such credit shall be July first, two thousand [six]
EIGHT.  Such credit shall be applied in a  manner  consistent  with  the
credit  allowed  under subdivision thirty-six of section two hundred ten
of this chapter except as may be necessary to take into account  differ-
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05753-03-1
              
             
                          
                
A. 4834--A                          2
ences  between  the general corporation tax and the unincorporated busi-
ness tax.
  S 2.  Subdivision (b) of section 7 of part P of chapter 60 of the laws
of  2004  amending  the  tax  law  relating to providing tax credits for
certain costs incurred in film and television productions, as amended by
section 2 of part Y of chapter 62 of the laws of  2006,  is  amended  to
read as follows:
  (b)  The  aggregate  amount  of  tax  credits  allowed pursuant to the
authority of subdivision (b) of section 1201-a of the  tax  law  in  any
calendar year shall be $12.5 million in 2004 and 2005 [and], $30 million
in  2006  through  [2011]  2010, $37.5 MILLION IN 2011, $42.5 MILLION IN
2012, $45 MILLION IN 2013 AND 2014, AND  $55  MILLION  IN  2015.    Such
aggregate  amount of credits shall be allocated by the mayor's office of
film, theater and broadcasting among  taxpayers  in  order  of  priority
based  upon  the  date  of  filing an application for allocation of film
production credit with such office. If the  total  amount  of  allocated
credits  applied for in any particular year exceeds the aggregate amount
of tax credits allowed for such year under  this  section,  such  excess
shall  be  treated  as  having  been applied for on the first day of the
subsequent year.
  S 3. This act shall take effect immediately  and  applies  to  taxable
years beginning on or after July 1, 2011 and shall apply to applications
filed on or after the date it becomes a law.