§ 7-06 Criteria for Evaluation of Applications.
RCNY § 7-06
(a)Initial application. In the event that any of the following criteria are not met, or in the event that the Office concludes that the authorized applicant knowingly submitted false or misleading information, the Office shall disapprove the initial application: (1) the application is substantially complete; (2) the application is not premature and is submitted prior to the start of principal and ongoing photography; (3) the application is submitted within one hundred eighty (180) days of the start of the principal and ongoing photography; (4) the authorized applicant is a qualified film production company; (5) the authorized applicant intends to shoot a portion of principal and ongoing photography on a stage at a qualified film production facility on a set or sets; (6) the authorized applicant is planning to produce a qualified film; (7) the qualified film will be completed on or after January 1, 2005, within the meaning of subdivision (c) of 43 RCNY § 7-01; (8) the authorized applicant's projected qualified production costs (excluding post-production costs) paid or incurred which are attributable to the use of tangible property or the performance of services at a qualified film production facility in the production of a qualified film are likely to equal or exceed seventy-five percent of the projected production costs (excluding post-production costs) paid or incurred which are attributable to the use of tangible property or the performance of services at any film production facility within and without the City in the production of the qualified film; and (9) in the event that the projected qualified production costs (excluding post-production costs) paid or incurred which are attributable to the use of tangible property or the performance of services at a qualified film production facility in the production of a qualified film are less than three million dollars, the shooting days spent in New York outside of a film production facility in the production of a qualified film are expected to equal or exceed seventy-five percent of the total shooting days spent within and without New York outside of a film production facility in the production of such qualified film.
(b)Final application. In the event that any of the following criteria are not met, or the Office determines that the approved applicant knowingly submitted false or misleading information, the Office shall disapprove the final application: (1) the application is substantially complete; (2) the approved applicant shot a portion of principal and ongoing photography on a stage at a qualified film production facility on a set or sets; (3) the application is submitted with respect to a completed qualified film that was completed on or after January 1, 2005, within the meaning of subdivision (c) of 43 RCNY § 7-01; (4) the approved applicant's actual date of completion of production of the qualified film was within one year of its projected completion date; (5) the final application was submitted within ninety (90) days after the completion of production of a qualified film, or, if a written extension request has been submitted, one hundred fifty (150) days after the completion of production; (6) the approved applicant's actual qualified production costs paid or incurred (excluding post-production costs) which are attributable to the use of tangible property or the performance of services at a qualified film production facility in the production of the qualified film equaled or exceeded seventy-five percent of the production costs (excluding post-production costs) paid or incurred that were attributable to the use of tangible property or the performance of services at any film production facility within and without the City in the production of the qualified film; and (7) in the event that the actual qualified production costs (excluding post-production costs) paid or incurred that are attributable to the use of tangible property or the performance of services at a qualified film production facility in the production of a qualified film are less than three million dollars, the shooting days spent in New York outside of a film production facility in the production of a qualified film equaled or exceeded seventy five percent of the total shooting days spent within and without New York outside of a film production facility in the production of such qualified film. If the shooting days spent in New York equaled or exceeded the seventy five percent threshold, the Office shall include in their calculation of the New York City Made In New York film production tax credit the portion of qualified production costs attributable to the use of tangible property or the performance of services in the production of a qualified film outside of a qualified film production facility.
(c)For purposes of this section, the Office may consider whether an authorized applicant executes or has executed an agreement with the Office that obligates the authorized applicant to include the Office's "Made In New York" logo in the screen credits of the qualified film indicating receipt of the tax credit.
