A7959A-2011 Actions

• Sep 4, 2012: enacting clause stricken
• Jan 4, 2012: referred to ways and means
• Sep 23, 2011: print number 7959a
• Sep 23, 2011: amend and recommit to ways and means
• May 25, 2011: referred to ways and means

A7959A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7959--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 25, 2011
 
 Introduced  by M. of A. P. RIVERA, ENGLEBRIGHT, MILLMAN, WRIGHT, THIELE,
 CRESPO, ROSENTHAL -- Multi-Sponsored by -- M. of  A.  FARRELL,  GLICK,
 HEASTIE,  PERRY -- read once and referred to the Committee on Ways and
 Means -- committee discharged,  bill  amended,  ordered  reprinted  as
 amended and recommitted to said committee
 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:

 

Section  1.  Paragraph  1  of subdivision (a) of section 24 of the tax
 law, as amended by section 3 of part Q of chapter  57  of  the  laws  of
 2010, is amended to read as follows:

 (1)  Allowance  of  credit.  A  taxpayer  which  is  a  qualified film
 production company, or a qualified independent film production  company,
 or which is a sole proprietor of or a member of a partnership which is a
 qualified  film  production  company  or  a  qualified  independent film
 production company, and which is subject to tax under articles nine-A or
 twenty-two of this chapter, shall be allowed a credit against such  tax,
 pursuant  to  the provisions referenced in subdivision [(c)] (F) of this
 section, to be computed as [hereinafter] provided IN THIS SECTION.
 

S 2. Paragraph 2 of subdivision (b) of section 24 of the tax  law,  as
 added  by  section  1  of  part  P of chapter 60 of the laws of 2004, is
 amended and a new paragraph 8 is added to read as follows:

 (2) "Production costs" means any costs for tangible property used  and
 services performed directly and predominantly in the production (includ
 ing   pre-production   and   post   production)  of  a  qualified  film.
 "Production costs" shall not include [(i) costs for a story,  script  or
 scenario  to be used for a qualified film and (ii)] wages or salaries or
 other compensation for writers, directors,  including  music  directors,
 producers  and performers (other than background actors with no scripted
 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.
 LBD10413-07-1
 
       A. 7959--A                          2
 SUBJECT  TO THE PROVISIONS OF SUBDIVISION (C) OF THIS SECTION; PROVIDED,
 HOWEVER, THAT FEES THAT ARE  BASED  ON  DEFERRED,  LEVERAGED  OR  PROFIT
 PARTICIPATION  COSTS,  OR  ARE IN EXCESS OF THOSE OTHERWISE PERMITTED BY
 SUBDIVISION  (C) OF THIS SECTION SHALL NOT BE ELIGIBLE PRODUCTION COSTS.
 "Production costs"  generally  include  technical  and  crew  production
 costs,  such as expenditures for film production facilities, or any part
 thereof, props, makeup, wardrobe, film processing, camera, sound record
 ing, set construction, lighting, shooting, editing and meals.
 (8) "WRITER" MEANS A WRITER EMPLOYED OR RETAINED TO  WRITE  OR  REVISE
 SCRIPTS,  SCREEN  PLAYS,  TELEPLAYS,  DIALOGUE,  SKETCHES,  ROUTINES  OR
 NARRATIONS.
 

S 3. Subdivisions (c) and (d) of section 24 of the tax law are  relet
 tered  subdivisions  (f) and (g) and three new subdivisions (c), (d) and
 (e) are added to read as follows:

 (C) FOR A FEATURE FILM OR TELEVISION  PRODUCTION,  WRITERS'  FEES  AND
 SALARIES  SHALL  BE  ELIGIBLE COSTS; PROVIDED, HOWEVER, SUCH COSTS SHALL
 NOT EXCEED  FIFTY  THOUSAND  DOLLARS  PER  WRITER  PER  QUALIFIED  FILM.
 PROVIDED,  FURTHER,  THAT,  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS
 SECTION, A WRITER'S FEES AND SALARY SHALL BE ELIGIBLE  FOR  THE  MAXIMUM
 AMOUNT  OF  THE  CREDIT GRANTED BY THIS SUBDIVISION, IF SUCH WRITER IS A
 RESIDENT OF THIS STATE.
 (D) WHERE MORE THAN THREE WRITERS ARE HIRED OR RETAINED FOR SERVICE ON
 AN ELIGIBLE PRODUCTION AND AT LEAST ONE SUCH WRITER IS A MINORITY  GROUP
 MEMBER,  AS DEFINED BY SUBDIVISION EIGHT OF SECTION THREE HUNDRED TEN OF
 THE EXECUTIVE LAW, OR A WOMAN SUCH COSTS SHALL NOT EXCEED SEVENTY  THOU
 SAND DOLLARS PER WRITER PER QUALIFIED FILM.
 (E) FOR EACH TAX YEAR, NOT MORE THAN FIVE MILLION DOLLARS IN TAX CRED
 ITS  FOR  WRITERS'  FEES  AND SALARIES SHALL BE GRANTED PURSUANT TO THIS
 SECTION.  SUCH CREDITS SHALL ONLY BE AVAILABLE FROM CREDITS ALLOWED  FOR
 PRODUCTION COSTS PURSUANT TO THIS SECTION.
 

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

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