The minimum spend is $1,000,000 if the majority of principal photography shooting days occur in Westchester, Rockland, Nassau, or Suffolk county or any of the five New York City boroughs (with the exception of a television pilot)

The minimum spend is $250,000 if the majority of principal photography shooting days occur in any other county outside of Westchester, Rockland, Nassau, or Suffolk county or any of the five New York City boroughs. (with the exception of a television pilot)

Features must have a runtime of at least 75 Minutes. TV episodes must have a runtime of at least 30 minutes with commercials.

There are two eligible production levels for the production incentive:

LEVEL 1:
The production has a budget of no more than $15,000,000 and the production is being produced by a qualified independent production company in which no more than 5% of the beneficial ownership is owned directly or indirectly by a publicly traded entity.

Level 1 productions must shoot at least one day of principal photography at a qualified production facility.

LEVEL 2:
The production has a budget over $15,000,000 or is produced by a company in which more than 5% of the beneficial ownership is owned, directly or indirectly, by a publicly traded entity.

Level 2 productions must shoot at least 10% of the total principal photography days at a qualified production facility.

An important note for Level 2 productions is that for any NY spend outside the qualified production facility to qualify, at least 75% of your budget must take place in New York OR you must have at least $3,000,000 in cost of spending at the qualified production facility. If shooting at more than one production facility, at least 75% of the total expenses related to work, excluding post-production, done at all facilities must be related to work done at the qualified production facility.

Upstate Bonus: a 10% bump on qualified labor expenses incurred in certain upstate counties, including: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, and Yates. Productions must have a qualified spend of at least $500,000 in order to qualify.

Effective until 2034, there is a maximum of $5,000,000 per year that can be allocated for the Upstate Bonus. 

Upstate productions in counties specified above shall include qualifying above-the-line salaries incurred in those counties as eligible for the 10% additional credit. 

In addition, if the production company shoots more than 50% of principal photography days in the specified counties, all other qualified costs incurred in those counties are eligible for the 10% additional credit.

Productions must submit a complete application with required materials prior to the beginning of principal photography and begin production within 365 days.

If the amount of the tax credits issued is $1,000,000 to $5,000,000, the credit will be claimed in equal installments over a two-year period.

If the amount of the credits is greater than $5,000,000, the credit will be claimed in three equal installments, over a three-year period.

A written anti-harassment form and diversity plans are now required.