While there is no minimum spend, a Script Review is required.

An audit by a New Mexico licensed CPA is only required for credits over $5,000,000.

All non-resident actors being paid via W2 or loan-out must withhold 5.9%.

TV Bonus: a 5% bump for TV pilots intended for series production in New Mexico or for TV series intended for commercial distribution, with an order for at least six episodes in a single season and a New Mexico budget of at least $50,000 per episode.

Uplift Zone Bonus: a 10% bump on qualified production expenditures incurred 60 or more miles outside the Santa Fe and Albuquerque City Halls.

Qualified Production Facility Bonus: a 5% bump on productions that are made in a “qualified production facility,” as deemed by the state based on dimensions, set characteristics, and usage. A list of qualified production facilities is available on the film office’s website.

The TV Bonus and Qualified Production Facility Bonus cannot be stacked.

Productions must submit the Film Production Registration form and the Film Production Tax Credit Agreement form to the New Mexico Film Office 30 days prior to the beginning of principal photography.

Commercials must submit required forms and include proof of media buy(s). 

Standalone post-productions must submit all forms prior to beginning services in New Mexico.

The Non-Resident Crew Exemption process works as follows: the film office will determine first if a project can qualify 15% or 20% of its total NM below-the-line budget (full BLT crew's wages, both resident and non-resident) towards the 15% tax credit on non-resident BTL crew. This is for off-camera BTL crew only. Also, the exemption is for those positions that are considered "available" in NM. To clarify, for a project's total NM BTL budget, the film office decides on the budget percentage (15% or 20%) and then that total is applied with the 15% qualifying percentage. Basically, the first part of the equation gives you an aggregate compensation cap for non-resident below the line.

As an example, if a project has $1,000,000 in total NM BTL budget, if the film office decided on 15% to apply that will give you $150,000, and then 15% of that is $22,500. The $22,500 will be the amount in credit the production will receive (with a max payout of $22,500 for 15% of the BTL budget; or 30,000 for 20% of the BTL budget).

To receive this credit, the production must partake in the "Giveback" program. A project must give back in the form of set photos (5) and/or a movie poster along with optional donations valued at certain levels (such as rural screenings, podcast, speaking events, and social media) that are equal to 2.5% of the non-resident below-the-line crew direct production expenditures (payment of wages, fringe benefits and per diem). Contact the film office for further details.

The Film Crew Advancement Program (FCAP) is available for upwards of 50% of certain qualified wages and positions. Contact the film office for more details.

The total qualifying expenditures that apply for services of Performing Artists (excluding resident non-leads and background) are capped and cannot exceed $5,000,000 of the tax credit.

For payments made to a personal services business (super loan-out) for the services of non-resident performing artist, the loan-out will qualify if the gross receipts tax (ranges from 5.125%- 9.725%) is paid by the personal services business on the portion of those payments qualifying for the tax credit and the film production company deducts and remits, or causes to be deducted and remitted, personal income tax at the maximum rate in New Mexico (currently 5.9%). Employer taxes DO NOT qualify: FUTA, SUTA and FICA

Film Production Partners of New Mexico do not affect the annual cap.

There is a separate grant program called the Senator John Pinto Memorial Fund. $100,000 is available annually and awarded to Native American companies and filmmakers for all types of productions. The program offers grants of up to $5,000.