and]; provided, however, 6 that sections one, two, two-a, three, four, five, five-a, eight, nine 7 and nine-a of this act shall apply to initial applications received on 8 or after April 1, 2023; further provided, however, that the amendments 9 to paragraph 4 of subdivision (e) of section 24 of the tax law made by 10 section six of this act shall take effect on the same date and in the 11 same manner as section 6 of chapter 683 of the laws of 2019, as amended, 12 takes effect. 13 § 2. Paragraph 4 of subdivision (e) of section 24 of the tax law, as 14 amended by section 6 of part D of chapter 59 of the laws of 2023, is 15 amended to read as follows: 16 (4) Additional pool 2 - The aggregate amount of tax credits allowed in 17 subdivision (a) of this section shall be increased by an additional four 18 hundred twenty million dollars in each year starting in two thousand ten 19 through two thousand twenty-three and seven hundred million dollars each 20 year starting in two thousand twenty-four through two thousand thirty- 21 four, provided however, seven million dollars of the annual allocation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12016-02-3S. 7562 2 1 shall be available for the empire state film post production credit 2 pursuant to section thirty-one of this article in two thousand thirteen 3 and two thousand fourteen, twenty-five million dollars of the annual 4 allocation shall be available for the empire state film post production 5 credit pursuant to section thirty-one of this article in each year 6 starting in two thousand fifteen through two thousand twenty-three, and 7 forty-five million dollars of the annual allocation shall be available 8 for the empire state film post production credit pursuant to section 9 thirty-one of this article in each year starting in two thousand twen- 10 ty-four through two thousand thirty-four. Provided further, five million 11 dollars of the annual allocation shall be made available for the tele- 12 vision writers' and directors' fees and salaries credit pursuant to 13 section twenty-four-b of this article in each year starting in two thou- 14 sand twenty through two thousand thirty-four. This amount shall be allo- 15 cated by the department of economic development among taxpayers in 16 accordance with subdivision (a) of this section. If the commissioner of 17 economic development determines that the aggregate amount of tax credits 18 available from additional pool 2 for the empire state film production 19 tax credit have been previously allocated, and determines that the pend- 20 ing applications from eligible applicants for the empire state film post 21 production tax credit pursuant to section thirty-one of this article is 22 insufficient to utilize the balance of unallocated empire state film 23 post production tax credits from such pool, the remainder, after such 24 pending applications are considered, shall be made available for allo- 25 cation in the empire state film tax credit pursuant to this section, 26 subdivision twenty of section two hundred ten-B and subsection (gg) of 27 section six hundred six of this chapter. Also, if the commissioner of 28 economic development determines that the aggregate amount of tax credits 29 available from additional pool 2 for the empire state film post 30 production tax credit have been previously allocated, and determines 31 that the pending applications from eligible applicants for the empire 32 state film production tax credit pursuant to this section is insuffi- 33 cient to utilize the balance of unallocated film production tax credits 34 from such pool, then all or part of the remainder, after such pending 35 applications are considered, shall be made available for allocation for 36 the empire state film post production credit pursuant to this section, 37 subdivision thirty-two of section two hundred ten-B and subsection (qq) 38 of section six hundred six of this chapter. The department of economic 39 development must notify taxpayers of their allocation year and include 40 the allocation year on the certificate of tax credit. Taxpayers eligible 41 to claim a credit must report the allocation year directly on their 42 empire state film production credit tax form for each year a credit is 43 claimed and include a copy of the certificate with their tax return. In 44 the case of a qualified film that receives funds from additional pool 2 45 where the taxpayer filed an initial application before April first, two 46 thousand twenty-three, no empire state film production credit shall be 47 claimed before the later of (1) the taxable year the production of the 48 qualified film is complete, or (2) the taxable year immediately follow- 49 ing the allocation year for which the film has been allocated credit by 50 the department of economic development. In the case of a qualified film 51 that receives funds from additional pool 2 where the taxpayer filed an 52 initial application on or after April first, two thousand twenty-three, 53 no empire state film production credit shall be claimed before the later 54 of (1) the taxable year the production of the qualified film is 55 complete, or (2) the taxable year that includes the last day of theS. 7562 3 1 allocation year for which the film has been allocated credit by the 2 department of economic development. 3 § 3. Paragraph 4 of subdivision (e) of section 24 of the tax law, as 4 amended by section 7 of part D of chapter 59 of the laws of 2023, is 5 amended to read as follows: 6 (4) Additional pool 2 - The aggregate amount of tax credits allowed in 7 subdivision (a) of this section shall be increased by an additional four 8 hundred twenty million dollars in each year starting in two thousand ten 9 through two thousand twenty-three and seven hundred million dollars in 10 each year starting in two thousand twenty-four through two thousand 11 thirty-four, provided however, seven million dollars of the annual allo- 12 cation shall be available for the empire state film post production 13 credit pursuant to section thirty-one of this article in two thousand 14 thirteen and two thousand fourteen, twenty-five million dollars of the 15 annual allocation shall be available for the empire state film post 16 production credit pursuant to section thirty-one of this article in each 17 year starting in two thousand fifteen through two thousand twenty-three, 18 and forty-five million dollars of the annual allocation shall be avail- 19 able for the empire state film post production credit pursuant to 20 section thirty-one of this article in each year starting in two thousand 21 twenty-four through two thousand thirty-four. This amount shall be allo- 22 cated by the department of economic development among taxpayers in 23 accordance with subdivision (a) of this section. If the commissioner of 24 economic development determines that the aggregate amount of tax credits 25 available from additional pool 2 for the empire state film production 26 tax credit have been previously allocated, and determines that the pend- 27 ing applications from eligible applicants for the empire state film post 28 production tax credit pursuant to section thirty-one of this article is 29 insufficient to utilize the balance of unallocated empire state film 30 post production tax credits from such pool, the remainder, after such 31 pending applications are considered, shall be made available for allo- 32 cation in the empire state film tax credit pursuant to this section, 33 subdivision twenty of section two hundred ten-B and subsection (gg) of 34 section six hundred six of this chapter. Also, if the commissioner of 35 economic development determines that the aggregate amount of tax credits 36 available from additional pool 2 for the empire state film post 37 production tax credit have been previously allocated, and determines 38 that the pending applications from eligible applicants for the empire 39 state film production tax credit pursuant to this section is insuffi- 40 cient to utilize the balance of unallocated film production tax credits 41 from such pool, then all or part of the remainder, after such pending 42 applications are considered, shall be made available for allocation for 43 the empire state film post production credit pursuant to this section, 44 subdivision thirty-two of section two hundred ten-B and subsection (qq) 45 of section six hundred six of this chapter. The department of economic 46 development must notify taxpayers of their allocation year and include 47 the allocation year on the certificate of tax credit. Taxpayers eligible 48 to claim a credit must report the allocation year directly on their 49 empire state film production credit tax form for each year a credit is 50 claimed and include a copy of the certificate with their tax return. In 51 the case of a qualified film that receives funds from additional pool 2 52 where the taxpayer filed an initial application before April first, two 53 thousand twenty-three, no empire state film production credit shall be 54 claimed before the later of (1) the taxable year the production of the 55 qualified film is complete, or (2) the taxable year immediately follow- 56 ing the allocation year for which the film has been allocated credit byS. 7562 4 1 the department of economic development. In the case of a qualified film 2 that receives funds from additional pool 2 where the taxpayer filed an 3 initial application on or after April first, two thousand twenty-three, 4 no empire state film production credit shall be claimed before the later 5 of (1) the taxable year the production of the qualified film is 6 complete, or (2) the taxable year that includes the last day of the 7 allocation year for which the film has been allocated credit by the 8 department of economic development. 9 § 4. This act shall take effect immediately and shall be deemed to 10 have been in full force and effect on and after the effective date of 11 part D of chapter 59 of the laws of 2023; provided, however, that the 12 amendments made to paragraph 4 of subdivision (e) of section 24 of the 13 tax law made by section two of this act shall take effect on the same 14 date and in the same manner as section 6 of chapter 683 of the laws of 15 2019, as amended, takes effect.