* § 24-b. Television writers' and directors' fees and salaries credit.
(a)(1) 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) of this section, to be computed
as hereinafter provided.

(2) The amount of the credit shall be the product (or pro rata share
of the product, in the case of a member of a partnership) of thirty
percent and the qualified television writers' and directors' fees and
salaries costs paid or incurred in the production of a qualified film,
provided that: (i) the credit amount shall not exceed fifty thousand
dollars for qualified television writers' and directors' fees and
salaries claimed for such expenses incurred for the employment of any
one specific writer or director for the production of a single
television pilot or a single episode of a television series, and (ii)
the credit amount shall not exceed one hundred fifty thousand dollars
for qualified television writers' and directors' fees and salaries
claimed for such expenses incurred for the employment of any one
specific writer or director. In addition, under no circumstances shall
the credit amount include fees or salaries for more than one director
per episode. The credit shall be allowed for the taxable year in which
the production of such qualified film is completed.

(3) No qualified television writers' and directors' fees and salaries
used by a taxpayer either as the basis for the allowance of the credit
provided for pursuant to this section or used in the calculation of the
credit provided pursuant to this section shall be used by such taxpayer
to claim any other credit allowed pursuant to this chapter.

(b) Definitions. As used in this section, the following terms shall
have the following meanings:

(1) "Qualified film production company" is a corporation, partnership,
limited partnership, or other entity or individual whose project is
conditionally eligible to receive a tax credit under section twenty-four
of this article which or who is principally engaged in the production of
a qualified film and controls the qualified film during production.

(2) "Qualified independent film production company" is a corporation,
partnership, limited partnership, or other entity or individual whose
project is conditionally eligible to receive a tax credit under section
twenty-four of this article, that or who (i) is principally engaged in
the production of a qualified film with a maximum budget of fifteen
million dollars, (ii) controls the qualified film during production, and
(iii) either is not a publicly traded entity, or no more than five
percent of the beneficial ownership of which is owned, directly or
indirectly, by a publicly traded entity.

(3) "Qualified film" means a television film, television pilot and/or
each episode of a television series, regardless of the medium by means
of which the film, pilot or episode is created or conveyed.

(4) "Qualified television writers' and directors' fees and salaries"
means salaries or fees paid to a writer or director who receives an
on-air credit, provided that in each case, such writer or director is a
minority group member, as defined in subdivision eight of section three
hundred ten of the executive law, or a woman, and provided, further,
that salaries or fees paid to any writer or director who is a profit
participant in the qualified film shall not be eligible. Such fees shall
not include relocation fees or hotel costs and per diems. In addition,
such fees shall not include salaries or fees paid to writers or
directors for work done on episodes of television series that were
deemed conditionally eligible for the tax credit under section
twenty-four of this article prior to the tax year for which the credit
is first available.

(5) "Writer" means a person who is engaged by a qualified film
production company or a qualified independent film production company to
write television scripts, outlines, rewrites, stories, or teleplays for
television series and who reports to work regularly in a writers room
located in the state. For the purposes of this definition, "writer"
shall not include showrunners or executive producers.

(6) "Writers room" means a room or physical location in the state
where writers employed by a qualified film production company or
qualified independent film production company write television scripts,
outlines, rewrites, stories, or teleplays for television series utilized
in a qualified film. A writers room is located in the state only if it
is in use in the state at least eighty percent of the time it is in
existence.

(7) "Director" means an individual employed or retained to direct the
production, as the word "direct" is commonly used in the motion picture
industry, who would be classified as a director under the basic
agreement in place between the Association of Motion Picture and
Television Producers and the Director's Guild of America and who must
meet the minimum criteria for work on qualified productions in New York
state as established by the commissioner of economic development by
regulation.

(8) "Profit participant" is an individual who has negotiated for a
percentage of profits generated by a qualified film. Profit
participation does not include monies contractually required by
collectively bargained agreements for reuse of a qualified film on
different platforms over time.

(c) Cross-references. For application of the credit provided for in
this section, see the following provisions of this chapter:

(1) article 9-A: section 210-B: subdivision 54.

(2) article 22: section 606: subsection (v).

(d) Notwithstanding any provision of this chapter, (1) employees and
officers of the department of economic development and the department
shall be allowed and are directed to share and exchange information
regarding the credits applied for, allowed, or claimed pursuant to this
section and taxpayers who are applying for credits or who are claiming
credits, including information contained in or derived from credit claim
forms submitted to the department and applications for certification
submitted to the department of economic development, and (2) the
commissioner and the commissioner of the department of economic
development may release the names and addresses of any taxpayer claiming
this credit and the amount of the credit earned by the taxpayer.
Provided, however, if a taxpayer claims this credit because it is a
member of a limited liability company or a partner in a partnership,
only the amount of credit earned by the entity and not the amount of
credit claimed by the taxpayer may be released.

(e) Maximum amount of credits. (1) The aggregate amount of tax credits
allowed under this section, subdivision fifty-four of section two
hundred ten-B and subsection (v) of section six hundred six of this
chapter in any calendar year shall be five million dollars. Such
aggregate amount of credits shall be allocated by the department of
economic development among taxpayers in order of priority based upon the
date of filing an application for allocation of television writers' and
directors' fees and salaries credit with such department. If the total
amount of allocated credits applied for in any particular year exceeds
the aggregate amount of tax credits allowed for such year under this
section, such excess shall be treated as having been applied for on the
first day of the subsequent year.

(2) The commissioner of economic development, after consulting with
the commissioner, shall promulgate regulations to establish procedures
for the allocation of tax credits as required by subdivision (a) of this
section. Such rules and regulations shall include provisions describing
the application process, the due dates for such applications, the
standards which shall be used to evaluate the applications, the
documentation that will be provided to taxpayers to substantiate to the
department the amount of tax credits allocated to such taxpayers, and
such other provisions as deemed necessary and appropriate.
Notwithstanding any other provisions to the contrary in the state
administrative procedure act, such rules and regulations may be adopted
on an emergency basis.

(f) The department of economic development shall submit to the
governor, the temporary president of the senate, and the speaker of the
assembly, an annual report to be submitted on February first of each
year evaluating the effectiveness of the television writers' and
directors' fees and salaries tax credit provided by this section in
stimulating the growth of diversity in the film industry in the state.
Such report shall include, but need not be limited to, the number of
qualified film production companies and/or qualified independent film
production companies which received a television writers' and directors'
fees and salaries credit, the credit amounts claimed by each qualified
film production company and/or qualified independent film production
company, as well as the impact on employment and the economy of the
state. Such report shall be based on data available from the application
filed with the department of economic development for allocation of
television writers' and directors' fees and salaries credits.
Notwithstanding any provision of law to the contrary, the information
contained in the report shall be public information. The report may also
include any recommendations of changes in the calculation or
administration of the credit, and any other recommendation of the
commissioner of the department of economic development regarding
continuing modification, repeal of such act, and such other information
regarding the act as the commissioner of the department of economic
development may feel useful and appropriate.

* NB Effective on the first of January next succeeding the date the
department of economic development provides notice to the legislative
bill drafting commission of a determination pursuant to § 6 sb 2 (b) of
chapter 683 of 2019