IT-261: Claim for Empire State Film Post-Production Credit (2025)
New York · NY DTF · Used for tax years 2025
Form IT-261 is used to claim New York’s Empire State Film Post-Production Credit. It calculates the nonrefundable and refundable portions of the credit, any credit recapture, and amounts to be carried forward or claimed in later years.
Who files this form
Use Form IT-261 to claim the Empire State Film Post-Production Credit. The form says to submit it with Form IT-201, IT-203, IT-204, or IT-205.
The form includes sections for partners, shareholders, beneficiaries, and fiduciaries. It does not state the eligibility requirements for the credit.
What you'll need
Have these documents and details ready:
- Your Form IT-201, IT-203, IT-204, or IT-205, as applicable.
- Each credit certificate issued by the New York State Governor’s Office of Motion Picture & Television Development. You must submit a copy with your return.
- The certificate number and completion year for each certificate.
- Your name as shown on your return and taxpayer identification number.
- If claiming a share of credit from a partnership, New York S corporation, estate, or trust: the entity’s name, type, employer identification number, and your share of the current year’s credit.
- For a fiduciary allocating credit to beneficiaries: each beneficiary’s name as shown on Form IT-205, Schedule C, identifying number, and share of the current year’s credit.
How to file
Submit Form IT-261 with Form IT-201, IT-203, IT-204, or IT-205.
Complete the certificate information section and submit a separate Form IT-261 for each certificate issued by the New York State Governor’s Office of Motion Picture & Television Development. Include a copy of each certificate with your return.
The supplied form does not give a mailing address or e-filing directions.
Common mistakes
Follow these printed requirements:
- Do not leave the certificate information section blank. The form says you must complete it.
- Do not combine multiple certificates on one Form IT-261. Submit a separate form for each certificate.
- Do not omit the certificate copy from your return.
- Submit Form IT-261 with one of the listed tax returns, rather than by itself.
- In Part 3, use each beneficiary’s name exactly as shown on Form IT-205, Schedule C.
Questions people ask
Does the application date affect which line I use?
Yes. On the 2025 form, line 1 is for credit amounts from applications filed before January 1, 2025. Line 2 is for applications filed on or after January 1, 2025. Both lines refer you to the instructions.
What if I have more than one certificate?
Submit a separate Form IT-261 for each certificate. Line 2a asks for the line 1a and line 2 totals from all additional Forms IT-261.
Where do I report credit received through another entity?
Part 2 collects information about credit from a partnership, New York S corporation, estate, or trust. Enter the total on line 19 and carry it to line 3.
Does the form include refundable credit and amounts for later years?
Yes. Line 17 is for the refundable portion of the credit, and line 18 is for credit carried forward to next year. Part 4 has lines for credit to be claimed in the second and third years. The form refers to instructions for calculating these amounts, but those instructions were not supplied.