New York Theatre, Film & Game Design Tax Credits

Empire State Musical and Theatrical Production Tax Credit Program

Funding Opportunity: The Empire State Musical and Theatrical Production Tax Credit Program is designed to encourage musical and theatrical production companies to conduct pre-tour activities, technical rehearsals and to perform shows at locations in Upstate New York.  Program credits of $8 million per year can be allocated and used. Qualified companies may be eligible to receive a fully refundable credit of 25 percent of certain production and transportation expenditures directly related to the technical period at a qualified facility in Upstate New York.

Application Deadline: Open application. Applications must be submitted prior to commencement of the technical period of a qualified musical and theatrical production for which it seeks a tax credit. Applicants can download application materials, complete and submit them via email to musictheatercredits@esd.ny.gov with the project title in the subject line of the email.

Requirements: To be considered a Qualified Production Facility, Empire State Development must receive an application and attestation indicating acknowledgment and compliance with program criteria. A list of facilities that meet the criteria of a Qualified Production Facility can be found here.

Industry Specific: Music and theatre

New York State Digital Game Development Program

Funding Opportunity: With the goal of attracting and growing the digital game development industry across New York State, the New York State Digital Game Development Program is designed to accelerate and attract economic development by offsetting some production costs associated with producing digital games in New York State. Applicants can receive tax credits of 25% of qualified production costs in New York City and 35% outside of the New York City metropolitan commuter transportation district (MCTD). $5 million per year is allocated to this credit.

Application Deadline: Open application. Initial applications must be submitted prior to the commencement of production but no more than 90 days before the start of production.

Requirements: 

  • The entity must be engaged in a qualified digital gaming media production and must have a minimum of $100,000 total production costs

    • Qualified production costs must be at least 75% of all production costs. Qualified production costs are digital gaming media production costs incurred and paid within New York State directly and predominantly related to the creation, production, or modification of a qualified digital gaming media production and not related to salaries and wages paid to actors and writers

  • The project must begin on or after January 1, 2023

  • For companies larger than 10 employees, the salaries of executive staff are not eligible

  • Maximum qualified costs of $4,000,000 per project may be used in the calculation of the Digital Game Development Tax Credit. Up to $100,000 in wages and salaries paid to any individual directly employed may be used in the calculation of this credit

Industry Specific: Digital game development

New York City Musical and Theatrical Production Tax Credit

Funding Opportunity: The Film Production Tax Credit program is designed to strengthen the film production industry in New York State and its positive impact on the State’s economy. Eligible companies may be eligible for a tax credit of 30% of qualified production expenses. This tax credit is funded at $700 million a year through 2034.

Application Deadline: Open application. Applicants complete and submit the Project Summary Form online. It is highly recommended that applications be submitted at least 10 business days prior to the start of principal photography.

Requirements: 

  • The Program is limited to feature films, television series, certain relocated talk/variety television series, certain eligible narrative television series, television pilots, and films for television

  • See additional eligibility requirements here.

Industry Specific: Film

New York State Film Tax Credit (Post-Production)

Funding Opportunity: The Post-Production Tax Credit program is designed to strengthen the post-production industry in New York State and its positive impact on the State’s economy. Productions which comply with requirements may be eligible for a fully refundable tax credit of 30% of qualified post-production expenses. This tax credit program is funded at $45 million a year through 2034.

Application Deadline: Open application. Applicants complete and submit the Project Summary Form online. Applications for the Post-Production Credit must be filed prior to incurring any qualified costs in New York State; therefore, it’s recommended (but not required) that the initial application be submitted prior to the start of principal photography on the qualified film (or tv pilot/series).

Requirements: 

  • The Program is limited to the post-production of feature films, television series, relocated television series, television pilots, and films for television

  • See additional eligibility requirements here.

Industry Specific: Music and theatre

New York State Film Tax Credit (Production)

Funding Opportunity: The Film Production Tax Credit program aims to bolster the film production industry in New York State by offering eligible productions the potential to earn a tax credit of up to 30% of qualified production expenses. Productions with a minimum budget of $500,000 may receive an additional 10% credit on qualified labor expenses, including qualified above-the-line wages. This credit is funded at $700 million annually until 2034.

Application Deadline: Open application. Applicants complete and submit the Project Summary Form online. It is highly recommended that applications be submitted at least 10 business days prior to the start of principal photography.

Requirements: 

  • The Program is limited to feature films, television series, certain relocated talk/variety television series, certain eligible narrative television series, television pilots, and films for television

  • Productions must film a substantial portion of their project in NYS

  • See additional eligibility requirements here.

Industry Specific: Film