S T A T E O F N E W Y O R K
________________________________________________________________________
4669
2019-2020 Regular Sessions
I N S E N A T E
March 20, 2019
___________
Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to phasing out the empire state
film production credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 4 of subdivision (e) of section 24 of the tax
law, as amended by section 2 of part M of chapter 59 of the laws of
2017, is amended to read as follows:
(4) Additional pool 2 - The aggregate amount of tax credits allowed in
subdivision (a) of this section shall be increased by an additional four
hundred twenty million dollars in each year starting in two thousand ten
through two thousand [twenty-two] TWENTY, TWO HUNDRED EIGHTY MILLION
DOLLARS IN TWO THOUSAND TWENTY-ONE AND ONE HUNDRED FORTY MILLION DOLLARS
IN TWO THOUSAND TWENTY-TWO provided however, seven million dollars of
the annual allocation shall be available for the empire state film post
production credit pursuant to section thirty-one of this article in two
thousand thirteen and two thousand fourteen and twenty-five million
dollars of the annual allocation shall be available for the empire state
film post production credit pursuant to section thirty-one of this arti-
cle in each year starting in two thousand fifteen through two thousand
twenty-two. This amount shall be allocated by the governor's office for
motion picture and television development among taxpayers in accordance
with subdivision (a) of this section. If the commissioner of economic
development determines that the aggregate amount of tax credits avail-
able from additional pool 2 for the empire state film production tax
credit have been previously allocated, and determines that the pending
applications from eligible applicants for the empire state film post
production tax credit pursuant to section thirty-one of this article is
insufficient to utilize the balance of unallocated empire state film
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10519-01-9
S. 4669 2
post production tax credits from such pool, the remainder, after such
pending applications are considered, shall be made available for allo-
cation in the empire state film tax credit pursuant to this section,
subdivision twenty of section two hundred ten-B and subsection (gg) of
section six hundred six of this chapter. Also, if the commissioner of
economic development determines that the aggregate amount of tax credits
available from additional pool 2 for the empire state film post
production tax credit have been previously allocated, and determines
that the pending applications from eligible applicants for the empire
state film production tax credit pursuant to this section is insuffi-
cient to utilize the balance of unallocated film production tax credits
from such pool, then all or part of the remainder, after such pending
applications are considered, shall be made available for allocation for
the empire state film post production credit pursuant to this section,
subdivision thirty-two of section two hundred ten-B and subsection (qq)
of section six hundred six of this chapter. The governor's office for
motion picture and television development must notify taxpayers of their
allocation year and include the allocation year on the certificate of
tax credit. Taxpayers eligible to claim a credit must report the allo-
cation year directly on their empire state film production credit tax
form for each year a credit is claimed and include a copy of the certif-
icate with their tax return. In the case of a qualified film that
receives funds from additional pool 2, no empire state film production
credit shall be claimed before the later of the taxable year the
production of the qualified film is complete, or the taxable year imme-
diately following the allocation year for which the film has been allo-
cated credit by the governor's office for motion picture and television
development.
§ 2. This act shall take effect immediately.