A07373 Summary:

COSPNSRCrespo, Titone, Gottfried, Rosenthal, O'Donnell, Clark, Mosley, Jaffee, DenDekker, Englebright, Roberts, Camara, Ortiz, Titus, Ramos, Peoples-Stokes, Quart
MLTSPNSRDavila, Glick, Heastie, Markey, Millman, Perry, Thiele
Amd S24, Tax L
Includes writer's salaries and fees within production costs eligible for the empire state film production credit.
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A07373 Actions:

05/14/2013referred to ways and means
06/20/2013reported referred to rules
01/08/2014referred to ways and means
01/28/2014amend and recommit to ways and means
01/28/2014print number 7373a
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A07373 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                      May 14, 2013
        Introduced by M. of A. WRIGHT -- read once and referred to the Committee
          on Ways and Means -- recommitted to the Committee on Ways and Means in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

        AN  ACT  to amend the tax law, in relation to eligibility for the empire
          state film production credit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  1  of subdivision (a) of section 24 of the tax
     2  law, as amended by section 3 of part Q of chapter  57  of  the  laws  of
     3  2010, is amended to read as follows:
     4    (1)  Allowance  of  credit.  A  taxpayer  which  is  a  qualified film
     5  production company, or a qualified independent film production  company,
     6  or which is a sole proprietor of or a member of a partnership which is a
     7  qualified  film  production  company  or  a  qualified  independent film
     8  production company, and which is subject to tax under articles nine-A or
     9  twenty-two of this chapter, shall be allowed a credit against such  tax,

    10  pursuant  to  the provisions referenced in subdivision [(c)] (e) of this
    11  section, to be computed as [hereinafter] provided in this section.
    12    § 2. Paragraph 2 of subdivision (b) of section 24 of the tax  law,  as
    13  added  by  section  1  of  part  P of chapter 60 of the laws of 2004, is
    14  amended and a new paragraph 9 is added to read as follows:
    15    (2) "Production costs" means any costs for tangible property used  and
    16  services performed directly and predominantly in the production (includ-
    17  ing   pre-production   and   post   production)  of  a  qualified  film.
    18  "Production costs" shall not include [(i) costs for a story,  script  or
    19  scenario  to be used for a qualified film and (ii)] wages or salaries or
    20  other compensation for writers, directors,  including  music  directors,

    21  producers  and performers (other than background actors with no scripted
    22  lines). Writers' fees and salaries shall be  eligible  production  costs
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7373--A                          2
     1  subject  to the provisions of subdivision (c) of this section; provided,
     2  however, that fees that are  based  on  deferred,  leveraged  or  profit
     3  participation  costs,  or  are in excess of those otherwise permitted by
     4  subdivision  (c) of this section shall not be eligible production costs.
     5  "Production costs"  generally  include  technical  and  crew  production

     6  costs,  such as expenditures for film production facilities, or any part
     7  thereof, props, makeup, wardrobe, film processing, camera, sound record-
     8  ing, set construction, lighting, shooting, editing and meals.
     9    (9) "Writer" means a writer employed or retained to  write  or  revise
    10  scripts,   screenplays,   teleplays,  dialogue,  sketches,  routines  or
    11  narrations.
    12    § 3. Subdivisions (c), (d) and (e) of section 24 of the  tax  law  are
    13  relettered  subdivisions  (e),  (f)  and  (g),  respectively and two new
    14  subdivisions (c) and (d) are added to read as follows:
    15    (c) For a feature film or television  production,  writers'  fees  and
    16  salaries  shall  be  eligible costs; provided, however, such costs shall
    17  not exceed fifty thousand dollars in fees or salary per writer per qual-

    18  ified film and provided that such writer is a minority group member,  as
    19  defined  by subdivision eight of section three hundred ten of the execu-
    20  tive law, or a woman.
    21    Provided, further, that, notwithstanding any other provision  of  this
    22  section,  a  writer's  fees and salary shall be eligible for the maximum
    23  amount of the credit granted by this subdivision, if such  writer  is  a
    24  resident of this state.
    25    (d)  For each tax year, not more than three million five hundred thou-
    26  sand dollars in tax credits for writers'  fees  and  salaries  shall  be
    27  granted  pursuant to this section.  Such credits shall only be available
    28  from credits allowed for production costs pursuant to this section.

    29    § 4. This act shall take effect on the one hundred twentieth day after
    30  it shall have become a law and shall apply to the tax year in  which  it
    31  takes effect and all subsequent tax years.
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