Secondary Incentives
Hold on set!
Incentive Type:
Qualifying Production Types
Music Videos, Animation, Commercials, Documentaries, Reality TV, Scripted TV, Interactive, Feature Film
Sunset Date
None
Wrapbook's Rule to Remember
In order for a non-resident actor who has a loan-out to qualify for the base 25%, Gross Receipts Tax must be paid on the loan-out corporation’s behalf. To do this, you must utilize what is called a Super Loan Out (SLO). Reach out to Wrapbook to get your SLO set up today!
Basic Incentive Information
- Spend25%
- Above the Line Residents25-40%
- Above the Line Non-Residents25-40%*
- Below the Line Residents25-40%
- Below the Line Non-Residents15-20% *
- Minimum Spend$0
- Funding Cap$110,000,000
- Project CapNone
- Loan Out RegistrationYes
- Loan Out Withholding5.9%
- CPA Audit RequiredYes
- Screen Credit RequiredYes
In order to get the maximum return listed in ranges, check out Additional Bonuses.
Project Criteria
An audit by a New Mexico licensed CPA is only required for credits over $5,000,000.
All non-resident actors being paid via W2 or loan-out must withhold 5.9%.
Contact the film office for more details.
Additional Bonuses
Uplift Zone Bonus: a 10% bump on qualified production expenditures incurred 60 or more miles outside the Santa Fe and Albuquerque City Halls.
Qualified Production Facility Bonus: a 5% bump on productions that are made in a “qualified production facility,” as deemed by the state based on dimensions, set characteristics, and usage. A list of qualified production facilities is available on the film office’s website.
The TV Bonus and Qualified Production Facility Bonus cannot be stacked.
Contact the film office for more details.
How to Apply
Commercials must submit required forms and include proof of media buy(s).
Standalone post-productions must submit all forms prior to beginning services in New Mexico.
Contact the film office for more details.
Additional Information
As an example, if a project has $1,000,000 in total NM BTL budget, if the film office decided on 15% to apply that will give you $150,000, and then 15% of that is $22,500. The $22,500 will be the amount in credit the production will receive (with a max payout of $22,500 for 15% of the BTL budget; or 30,000 for 20% of the BTL budget).
To receive this credit, the production must partake in the "Giveback" program. A project must give back in the form of set photos (5) and/or a movie poster along with optional donations valued at certain levels (such as rural screenings, podcast, speaking events, and social media) that are equal to 2.5% of the non-resident below-the-line crew direct production expenditures (payment of wages, fringe benefits and per diem). Contact the film office for further details.
The Film Crew Advancement Program (FCAP) is available for upwards of 50% of certain qualified wages and positions. Contact the Film Office for more details.
The total qualifying expenditures that apply for services of Performing Artists (excluding resident non-leads and background) are capped and cannot exceed $5,000,000 of the tax credit.
For payments made to a personal services business (super loan-out) for the services of non-resident performing artist, the loan-out will qualify if the gross receipts tax (ranges from 5.125%- 9.725%) is paid by the personal services business on the portion of those payments qualifying for the tax credit and the film production company deducts and remits, or causes to be deducted and remitted, personal income tax at the maximum rate in New Mexico (currently 5.9%). Employer taxes DO NOT qualify: FUTA, SUTA and FICA
Film Production Partners of New Mexico do not affect the annual cap.
There is a separate grant program called the Senator John Pinto Memorial Fund. $100,000 is available annually and awarded to Native American companies and filmmakers for all types of productions. The program offers grants of up to $5,000.
Contact the film office for more details.
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Disclaimer
At Wrapbook, we pride ourselves on providing outstanding free resources to producers and their crews, but this page is for informational purposes only as of the date above. The content on our website is not intended to provide and should not be relied on for legal, accounting, or tax advice. You should consult with your own legal, accounting, or tax advisors to determine how this general information may apply to your specific circumstances.