THE INCENTIVES PROGRAM - TIP

Assembly Bill 6683 and Senate Bill 5864-a propose to amend the Empire State film production credit to allow television writers’ and directors’ fees as eligible costs, subject to the following provisions:

• Allows for a refundable tax credit equal to 30% of qualified television writers’ and directors’ fees and salaries incurred in the production of a qualified television project, provided that:
  • The qualifying writer or director is a minority group member, as defined, or a woman;
  • Salaries or fees paid to any writer or director who is a profit participant in the qualified film are not eligible;
• Limits the amount of credit that may be earned on qualified television writers’ and directors’ fees to:
  • $50,000 for any one specific writer or director for the production of a single television pilot or a single episode of a television series; and,
  • $150,000 for the employment of any one specific writer or director;
• Limits the qualifying salaries or fees for a non-credited writer to $75,000 per series of episodes;
• Stipulates the credit shall be allowed for the taxable year in which the production of such qualified film is completed; and,
• Limits the aggregate amount of credits allowed for writers and directors to $5 million per calendar year.

If passed, the Act shall take effect immediately and shall apply to taxable years beginning on or after January 1, 2020.

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