New Jersey

Apply to the NJEDA; pay a nonrefundable application fee of $500 for projects with an estimated tax credit of $1 million or less ($2,500 if the estimated credit is more than $1 million); BEGIN principal photography within 180 days from the date of the original credit application; incur at least 60% of the total film production expenses (exclusive of postproduction costs) for services performed and goods purchased through vendors authorized to do business in NJ or spend more than $1 million per production in qualified production expenditures incurred through vendors fully authorized to do business in NJ within a single privilege period; submit an Agreed Upon Procedures report, prepared by an independent certified public accountant licensed in New Jersey, no later than 12 months from the date the last total film production expense was incurred; and pay the following nonrefundable fees: 1) budget review reimbursement, 2) issuance fee equal to 0.5% of the tax credit amount (payable prior to receipt of the tax credit), 3) transfer fee of $1,000 for each transfer of the credit. Loan out companies must register to do business with the Secretary of State and Taxation. Vendor registration evidenced by a Business Registration Certificate from https://www1.state.nj.us/TYTR_BRC/jsp/BRCLoginJsp.jsp.

Qualified costs include expenses “incurred in NJ”, as defined. Qualified costs for salaries and wages, including payments to each loan out company are limited to the first $500,000 paid to each resident and nonresident. Payments to loan out companies and independent contractors are subject to 6.37% state withholding. Payments to homeowners for the use of a personal residence can qualify if the production withholds 6.37% from the payment and issues Form 1099.

This program is administered on a first-come, first-served basis, based on the date/time a fully completed application is received. New Jersey provides a transferable tax credit equal to 35% of qualified cast and crew salaries, (30% of qualified purchases, rentals, and services used within a 30-mile radius of Columbus Circle), and 35% of qualified purchases, rentals, and services used outside the 30-mile radius. All qualified wages, salaries, or payments made to loan out companies earn 35% no matter where the services are provided in New Jersey. Reality shows may qualify if they meet additional requirements. NJ studio or film-lease production companies earn 40% of qualified wages and salaries and 35% on nonpayroll spend within the 30-mile zone and 40% on nonpayroll spend outside the 30-mile zone. Film-lease production companies are productions who lease space at designated film-lease production facilities, and who film 50% of the shoot days of the project in NJ and 50% of the NJ days at the designated facility. Digital media projects earn 30%–35% and have different requirements.

Animation (1)
Award Shows (9)
Commercials
Direct To Streaming
Documentaries
E-Sports
Game Shows
Industry/Corporate Training
Infomercials
Interactive Media & Video Games (10)
Interactive Website (10)
Internet Broadcasts (10)
Music Videos
Postproduction (Standalone)
Reality Shows (2)
Talk Shows
Theatrical Stage Productions
Trailers
Webisodes (10)
(1) Stop motion animation qualifies. (2) Case-by-case; Contact the film office to evaluate project criteria. (3) Qualifies if produced for national distribution. (4) Qualifies only if in conjunction with a film shot in-state. (5) May qualify under the Digital Media and Software program. (6) Qualifies if produced for theatrical distribution or broadcast. (7) Qualifies under the commercial production tax credit program. (8) One day of principal photography within this jurisdiction is required in order to qualify for postproduction standalone. (9) Qualifies if filmed and produced at a nonprofit arts and cultural venue receiving state funding. (10) Qualifies under the Digital Media Production tax credit if the content is solely created for entertainment purposes; video games may qualify. (11) Not available at the time of publication.
New Jersey INCENTIVES
INCENTIVE RATES

30% Nonpayroll Spend
+5% Outside 30 - Mile Radius (1)
35% Wages

+2% - 4% Diversity Plan (2)

TYPE OF INCENTIVE

Transferable
Tax Credit

PER PROJECT INCENTIVE CAP

No Cap

MINIMUM SPEND

60% of Total Spend in NJ or
> $1M Qualified Spend

FUNDING CAP

$100M
Per Fiscal Year
(7/1 – 6/30)

QUALIFIED LABOR

1st $500k of Each Resident & Nonresident
Studio Partner and Film-lease Production Companies ATL Caps Are Increased

IS LOAN OUT WITHHOLDING/REGISTRATION REQUIRED Yes 6.37% / Yes
SCREEN CREDIT Yes
AUDIT REQUIRED Yes
SUNSET DATE 6/30/39
ENACTED BILL NUMBER

S 3748

(1) See SUMMARY. (2) Earn an additional 2% on all qualified production expenses when the application is accompanied with a diversity plan, the plan is approved, and the New Jersey Economic Development Authority (NJEDA) has verified the production has met or has made good faith efforts in achieving the goals in the plan or an additional 4% on all qualified production expenses when the 2% diversity plan requirements are met and the plan outlines specific goals that include hiring certain persons as performers.
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