Legislation Signed to Bolster Film & Digital Media Tax Credit Program

On Jan 13, 2022

Gov. Phil Murphy signed legislation (S-4094/A-6070), which bolsters the New Jersey Film & Digital Media Tax Credit Program through expanded digital media production tax credits and other improvements. The program, which was first signed into law by Governor Murphy in July 2018, and first expanded in January 2020, has made New Jersey a national film and television production center and continues to attract high-profile projects to New Jersey such as West Side Story, The Equalizer, and The Many Saints of Newark.

“This legislation will ensure that our state remains a top destination for some of our country’s most significant film and TV productions,” said Gov. Murphy. “The New Jersey Film & Digital Media Tax Credit Program has brought numerous productions to our state, creating jobs for New Jerseyans, and bringing in money that is being spent with local businesses. We look forward to attracting even more productions to our state with the expanded tax credits and improvements that this legislation provides.”

“New Jersey offers significant advantages to productions seeking a vast and diverse on and off camera talent pool and an array of authentic sites for all sorts of productions,” said New Jersey Economic Development Authority Chief Executive Officer Tim Sullivan. “Governor Murphy and the Legislature clearly recognize the opportunity the growth of the film and digital media sector represents for the state and their action today to expand the Film and Digital Media Tax Credit will help New Jersey continue to compete for high-profile productions and the influx of economic activity they bring.”

“The latest legislation further enhances a program that has been extremely effective in attracting motion picture and television production, and production infrastructure,” said Executive Director of the NJ Motion Picture and TV Commission Steven Gorelick. “Based on the numerous amount of inquiries we are now receiving, it appears that 2022 will another very successful year for New Jersey’s film and television industry.”

Primary sponsors of this legislation include Senators Paul Sarlo and Gordon Johnson, and Assemblymembers William Spearman, Raj Mukherji, Paul Moriarty. Former Senate Majority Leader Loretta Weinberg was also a primary sponsor of this legislation.

Under the legislation, the amount of the digital media content production portion of the tax credit program would be increased while maintaining the overall cap on tax credits established in the Economic Recovery Act of 2020. Specifically, the bill increases the digital media content production tax credit to 35 percent of the qualified digital media content production expenses purchased through vendors located in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, or Salem Counties, or 30 percent of all other qualified digital media content production expenses purchased within the State. In addition, the bill increases the cumulative annual limitation on digital media content production tax credits from $10 million to $30 million. The bill changes the treatment of excess credit applications in a fiscal year and allows reallocation among the categories of New Jersey studio partners, New Jersey film-lease partners, or taxpayers other than New Jersey studio partners and New Jersey film-lease partners. Beginning in FY 2025, the bill also allows an additional $100 million in tax credits for New Jersey film-lease partners from tax credits authorized under other incentive programs.

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