* § 24-c. New York city musical and theatrical production tax credit.\n(a) (1) Allowance of credit. A taxpayer that is a qualified New York\ncity musical and theatrical production company, or is a sole proprietor\nof or a member of a partnership that is a qualified New York city\nmusical and theatrical production company, and that is subject to tax\nunder article nine-A or twenty-two of this chapter, shall be allowed a\ncredit against such tax, pursuant to the provisions referred to in\nsubdivision (d) of this section, and to be computed as provided in this\nsection.\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 twenty-five\npercent and the sum of the qualified production expenditures paid for\nduring the qualified New York city musical and theatrical production's\ncredit period. Provided however that the amount of the credit cannot\nexceed three hundred fifty thousand dollars per qualified New York city\nmusical and theatrical production in a level two qualified New York city\nproduction facility and three million dollars per qualified New York\ncity musical and theatrical production in a level one qualified New York\ncity production facility. In no event shall a qualified New York city\nmusical and theatrical production be eligible for more than one credit\nunder this program.\n (3) No qualified production expenditures used by a taxpayer either as\nthe basis for the allowance of the credit provided pursuant to this\nsection or used in the calculation of the credit provided pursuant to\nthis section shall be used by such taxpayer to claim any other credit\nallowed pursuant to this chapter.\n (b) Definitions. As used in this section, the following terms shall\nhave the following meanings:\n (1) "Qualified New York city musical and theatrical production" means\na for-profit live, dramatic stage presentation that, in its original or\nadaptive version, is performed in a level one or level two qualified New\nYork city production facility, whether or not such production was\nperformed in a level one or level two qualified New York city production\nfacility prior to the state disaster emergency pursuant to executive\norder two hundred two of two thousand twenty, provided, however, that\nproductions performing in a level two qualified New York city production\nfacility shall have a production budget greater than or equal to seven\nhundred fifty thousand dollars and incur qualified production\nexpenditures greater than or equal to seven hundred fifty thousand\ndollars.\n (2) "Qualified production expenditure" means any costs for tangible\nproperty used and services performed directly and predominantly in the\nproduction of a qualified musical and theatrical production within the\nstate of New York, including: (i) expenditures for design, construction\nand operation, including sets, special and visual effects, costumes,\nwardrobes, make-up, accessories and costs associated with sound,\nlighting, and staging; (ii) all salaries, wages, fees, and other\ncompensation including related benefits for services performed of which\nthe total allowable expense shall not exceed two hundred thousand\ndollars per week; and (iii) technical and crew production costs, such as\nexpenditures for a level one or level two qualified New York city\nproduction facility, or any part thereof, props, make-up, wardrobe,\ncostumes, equipment used for special and visual effects, sound\nrecording, set construction, and lighting. Qualified production\nexpenditure does not include any costs incurred prior to the credit\nperiod of a qualified New York city musical and theatrical production\ncompany.\n (3) (i) "Level one qualified New York city production facility" means\na facility located within the (A) borough of Manhattan, bounded by and\nincluding forty-first street and fifty-fourth street and between sixth\navenue and ninth avenue in which live theatrical productions are o
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