A. In addition to the credit provided by Section 7-2F-6 NMSA 1978, an additional five percent shall be applied in calculating the amount of the film and television tax credit to direct production expenditures, except as provided in Subsections C and D of this section, on:
(1) a standalone pilot intended for series television in New Mexico; and
(2) series television productions intended for commercial distribution with an order for at least six episodes in a single season; provided that the New Mexico budget for each of those six episodes is fifty thousand dollars ($50,000) or more.
B. A film production company applying for an additional credit pursuant to this section shall not be eligible for the additional credit pursuant to Section 7-2F-8 NMSA 1978.
C. Direct production expenditures that are payments to a nonresident performing artist in a standalone pilot shall not be eligible for the additional credit pursuant to this section.
D. Payments to a nonresident performing artist for a television series may be eligible for the additional credit pursuant to this section; provided that:
(1) a television series completes at least one season of the scheduled episodes for that series in New Mexico;
(2) the film production company certifies the intention to produce a subsequent season to the series described in Paragraph (1) of this subsection in New Mexico; and
(3) the film production company, or its parent company, produces or begins production of an additional eligible television series in New Mexico during the same film production company's taxable year as the television series. Payments to a nonresident performing artist for the additional television series may also be eligible for the additional credit pursuant to this section.
History: Laws 2015, ch. 143, § 6; 2016, ch. 77, § 7.
The 2016 amendment, effective May 18, 2016, clarified citations to the NMSA 1978 within the section; in Subsection A, in the introductory sentence, deleted "5 of this 2015 act" and added "7-2F-6 NMSA 1978"; and in Subsection B, deleted "7 of this 2015 act" and added "7-2F-8 NMSA 1978".
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