* § 24-b. Television writers' and directors' fees and salaries credit.\n(a)(1) 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 television writers' and directors' fees and\nsalaries costs paid or incurred in the production of a qualified film,\nprovided that: (i) the credit amount shall not exceed fifty thousand\ndollars for qualified television writers' and directors' fees and\nsalaries claimed for such expenses incurred for the employment of any\none specific writer or director for the production of a single\ntelevision pilot or a single episode of a television series, and (ii)\nthe credit amount shall not exceed one hundred fifty thousand dollars\nfor qualified television writers' and directors' fees and salaries\nclaimed for such expenses incurred for the employment of any one\nspecific writer or director. In addition, under no circumstances shall\nthe credit amount include fees or salaries for more than one director\nper episode. The credit shall be allowed for the taxable year in which\nthe production of such qualified film is completed.\n (3) No qualified television writers' and directors' fees and salaries\nused by a taxpayer either as the basis for the allowance of the credit\nprovided for pursuant to this section or used in the calculation of the\ncredit provided pursuant to this section shall be used by such taxpayer\nto claim any other credit allowed pursuant to this chapter.\n (b) Definitions. As used in this section, the following terms shall\nhave the following meanings:\n (1) "Qualified film production company" is a corporation, partnership,\nlimited partnership, or other entity or individual whose project is\nconditionally eligible to receive a tax credit under section twenty-four\nof this article which or who is principally engaged in the production of\na qualified film and controls the qualified film during production.\n (2) "Qualified independent film production company" is a corporation,\npartnership, limited partnership, or other entity or individual whose\nproject is conditionally eligible to receive a tax credit under section\ntwenty-four of this article, that or who (i) is principally engaged in\nthe production of a qualified film with a maximum budget of fifteen\nmillion dollars, (ii) controls the qualified film during production, and\n(iii) either is not a publicly traded entity, or no more than five\npercent of the beneficial ownership of which is owned, directly or\nindirectly, by a publicly traded entity.\n (3) "Qualified film" means a television film, television pilot and/or\neach episode of a television series, regardless of the medium by means\nof which the film, pilot or episode is created or conveyed.\n (4) "Qualified television writers' and directors' fees and salaries"\nmeans salaries or fees paid to a writer or director who receives an\non-air credit, provided that in each case, such writer or director is a\nminority group member, as defined in subdivision eight of section three\nhundred ten of the executive law, or a woman, and provided, further,\nthat salaries or fees paid to any writer or director who is a profit\nparticipant in the qualified film shall not be eligible. Such fees shall\nnot include relocation fees or hotel costs and per diems. In addition,\nsuch fees shall not include salaries or fees paid to writers or\ndirectors for work done on episodes of
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