§ 24. Empire state film production credit. (a) (1) Allowance of\ncredit. A taxpayer which is a qualified film production company, or a\nqualified independent film production company, or which is a sole\nproprietor of or a member of a partnership which is a qualified film\nproduction company or a qualified independent film production company,\nand which is subject to tax under articles nine-A or twenty-two of this\nchapter, shall be allowed a credit against such tax, pursuant to the\nprovisions referenced in subdivision (c) of this section, to be computed\nas hereinafter provided.\n (2) The amount of the credit shall be the product (or pro rata share\nof the product, in the case of a member of a partnership) of thirty\npercent and the qualified production costs paid or incurred in the\nproduction of a qualified film, provided that: (i) the qualified\nproduction costs (excluding post production costs) paid or incurred\nwhich are attributable to the use of tangible property or the\nperformance of services at a qualified film production facility in the\nproduction of such qualified film equal or exceed seventy-five percent\nof the production costs (excluding post production costs) paid or\nincurred which are attributable to the use of tangible property or the\nperformance of services at any film production facility within and\nwithout the state in the production of such qualified film, (ii) except\nwith respect to a qualified independent film production company or\npilot, at least ten percent of the total principal photography shooting\ndays spent in the production of such qualified film must be spent at a\nqualified film production facility, and (iii) qualified production costs\nthat are attributable to scoring shall be eligible for an additional ten\npercent credit on such scoring costs when incurred within the state and\nwhen such scoring costs include payment to a minimum of five musicians.\nHowever, if the qualified production costs (excluding post production\ncosts) which are attributable to the use of tangible property or the\nperformance of services at a qualified film production facility in the\nproduction of such qualified film is less than three million dollars,\nthen the portion of the qualified production costs attributable to the\nuse of tangible property or the performance of services in the\nproduction of such qualified film outside of a qualified film production\nfacility shall be allowed only if the shooting days spent in New York\noutside of a film production facility in the production of such\nqualified film equal or exceed seventy-five percent of the total\nshooting days spent within and without New York outside of a film\nproduction facility in the production of such qualified film. The credit\nshall be allowed for the taxable year in which the production of such\nqualified film is completed. However, in the case of a qualified film\nthat receives funds from additional pool 2, no credit shall be claimed\nbefore the later of (1) the taxable year the production of the qualified\nfilm is complete, or (2) the taxable year that includes the last day of\nthe allocation year for which the film has been allocated credit by the\ndepartment of economic development. If the amount of the credit is at\nleast one million dollars but less than five million dollars, the credit\nshall be claimed over a two year period beginning in the first taxable\nyear in which the credit may be claimed and in the next succeeding\ntaxable year, with one-half of the amount of credit allowed being\nclaimed in each year. If the amount of the credit is at least five\nmillion dollars, the credit shall be claimed over a three year period\nbeginning in the first taxable year in which the credit may be claimed\nand in the next two succeeding taxable years, with one-third of the\namount of the credit allowed being claimed in each year. Provided,\nhowever, in the case of a qualified film for which the credit\napplication was received on or after Jan
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