Bill

Bill > A03457


NY A03457

Extends the period during which the empire state digital gaming tax credit may be claimed to 01/01/2032; amends the eligibility criteria for game development companies by changing the yearly timeframe structure, lowering the dollar threshold per production, and removing the in-state cost incurred threshold to accurately fit current digital gaming industry models; allows unused credits to be rolled over to the following tax year.


summary

Introduced
01/27/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the tax law, in relation to extending the period during which the empire state digital gaming media production tax credit may be claimed, the eligibility criteria for such tax credit, and allowing unused allowable credits to be rolled over to the following tax year

AI Summary

This bill extends and modifies the Empire State Digital Gaming Tax Credit program, making several key changes to support New York's digital gaming industry. The bill extends the tax credit period from January 1, 2028, to January 1, 2032, and adjusts the eligibility criteria for game development companies. Specifically, the bill lowers the minimum production cost threshold from $100,000 to $50,000, removes the previous requirement for in-state production cost percentages, and allows for more flexible documentation of digital gaming media production costs. The total annual tax credit allocation remains at $5 million, but the bill now permits unused credits to be carried over to subsequent tax years, providing greater financial flexibility for digital gaming companies. The credit applies to various digital gaming media productions, including websites, interactive games, and gaming-related software, with specific exclusions for electronic commerce, gambling, and political advocacy platforms. The bill aims to modernize the tax credit to better align with current digital gaming industry practices and support the growth of digital media production in New York State, taking effect for taxable years beginning on or after January 1, 2025, and before January 1, 2032.

Committee Categories

Budget and Finance

Sponsors (18)

Last Action

print number 3457a (on 03/06/2025)

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