S T A T E O F N E W Y O R K
________________________________________________________________________
8200
2025-2026 Regular Sessions
I N A S S E M B L Y
May 5, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to requiring third-party
verification of an application to receive the Empire State film
production credit and the Empire State film post production credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 24 of the tax law is amended by
adding a new paragraph 6 to read as follows:
(6) (I) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "APPROVED CERTI-
FIED PUBLIC ACCOUNTANTS" SHALL MEAN INDEPENDENT, THIRD PARTY, IN-STATE
CERTIFIED PUBLIC ACCOUNTANTS APPROVED BY THE DEPARTMENT OF ECONOMIC
DEVELOPMENT TO PROVIDE THIRD-PARTY VERIFICATION SERVICES REQUIRED UNDER
THIS PARAGRAPH.
(II) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, A TAXPAYER
WHICH IS A QUALIFIED FILM PRODUCTION COMPANY, OR A QUALIFIED INDEPENDENT
FILM PRODUCTION COMPANY, OR WHICH IS A SOLE PROPRIETOR OF OR A MEMBER OF
A PARTNERSHIP WHICH IS A QUALIFIED FILM PRODUCTION COMPANY OR A QUALI-
FIED INDEPENDENT FILM PRODUCTION COMPANY, AND WHICH IS SUBJECT TO TAX
UNDER ARTICLES NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL, AS A CONDI-
TION FOR THE GRANTING OF THE CREDIT AS PART OF THE TAXPAYER'S FINAL
APPLICATION FOR THE CREDIT, SUBMIT TO THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT A THIRD-PARTY VERIFICATION OF THEIR FINAL APPLICATION PERFORMED
BY APPROVED CERTIFIED PUBLIC ACCOUNTANTS. THE COSTS OF SUCH THIRD-PARTY
VERIFICATION SHALL NOT BE CLAIMED AS AN EXPENSE FOR THE PURPOSES OF THIS
SECTION.
(III) THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL MAINTAIN A LIST OF
CERTIFIED PUBLIC ACCOUNTANTS WHICH SHALL BE UTILIZED TO PROVIDE THE
THIRD-PARTY VERIFICATION SERVICES PURSUANT TO THIS PARAGRAPH. THE
DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL DEVELOP PROCEDURES AND PERFORM-
ANCE STANDARDS FOR SUCH CERTIFIED PUBLIC ACCOUNTANTS AND ANY CERTIFIED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09244-01-5
A. 8200 2
PUBLIC ACCOUNTANTS FAILING TO MEET THE REQUIREMENTS OF SUCH PROCEDURES
AND PERFORMANCE STANDARDS SHALL BE REMOVED FROM THE LIST IMMEDIATELY.
§ 2. Subdivision (a) of section 31 of the tax law, as added by section
12 of part Q of chapter 57 of the laws of 2010, is amended by adding a
new paragraph 7 to read as follows:
(7) (I) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "APPROVED CERTI-
FIED PUBLIC ACCOUNTANTS" SHALL MEAN INDEPENDENT, THIRD PARTY, IN-STATE
CERTIFIED PUBLIC ACCOUNTANTS APPROVED BY THE DEPARTMENT OF ECONOMIC
DEVELOPMENT TO PROVIDE THIRD-PARTY VERIFICATION SERVICES REQUIRED UNDER
THIS PARAGRAPH.
(II) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, A TAXPAYER
WHICH IS A QUALIFIED FILM PRODUCTION COMPANY, OR A QUALIFIED INDEPENDENT
FILM PRODUCTION COMPANY, OR WHICH IS A SOLE PROPRIETOR OF OR A MEMBER OF
A PARTNERSHIP WHICH IS A QUALIFIED FILM PRODUCTION COMPANY OR A QUALI-
FIED INDEPENDENT FILM PRODUCTION COMPANY, AND WHICH IS SUBJECT TO TAX
UNDER ARTICLES NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL, AS A CONDI-
TION FOR THE GRANTING OF THE CREDIT AS PART OF THE TAXPAYER'S FINAL
APPLICATION FOR THE CREDIT, SUBMIT TO THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT A THIRD-PARTY VERIFICATION OF THEIR FINAL APPLICATION PERFORMED
BY APPROVED CERTIFIED PUBLIC ACCOUNTANTS. THE COSTS OF SUCH THIRD-PARTY
VERIFICATION SHALL NOT BE CLAIMED AS AN EXPENSE FOR THE PURPOSES OF THIS
SECTION.
(III) THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL MAINTAIN A LIST OF
CERTIFIED PUBLIC ACCOUNTANTS WHICH SHALL BE UTILIZED TO PROVIDE THE
THIRD-PARTY VERIFICATION SERVICES PURSUANT TO THIS PARAGRAPH. THE
DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL DEVELOP PROCEDURES AND PERFORM-
ANCE STANDARDS FOR SUCH CERTIFIED PUBLIC ACCOUNTANTS AND ANY CERTIFIED
PUBLIC ACCOUNTANTS FAILING TO MEET THE REQUIREMENTS OF SUCH PROCEDURES
AND PERFORMANCE STANDARDS SHALL BE REMOVED FROM THE LIST IMMEDIATELY.
§ 3. This act shall take effect immediately.