A 3457 New York Assembly · 2025 Regular Session

Relates to the period during which the empire state digital gaming tax credit may be claimed, criteria for such tax credit, and allowing a rollover of such credit

Summary

Extends the period during which the empire state digital gaming tax credit may be claimed to 01/01/2032; amends the eligibility criteria for game development companies by changing the yearly timeframe structure, lowering the dollar threshold per production, and removing the in-state cost incurred threshold to accurately fit current digital gaming industry models; allows unused credits to be rolled over to the following tax year.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 27, 2025 Last action Jan 7, 2026

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What changed between versions

A3457 → A3457A · 4 edits

MODERATE

This bill amends the Empire State Digital Gaming Media Production Tax Credit by extending the period during which credits can be claimed, adjusting eligibility criteria, and modifying the credit cap. The changes allow unused credits to roll over to the next tax year and significantly reduce the annual credit limit from $1 billion to $5 million.

Scope change

The bill's scope expanded to include credit carryover provisions and eligibility criteria adjustments for the digital gaming tax credit program.

FISCAL

The annual aggregate tax credit cap was reduced from $1 billion to $5 million.

TIMELINE

New provision allows unused tax credits to be carried over to the following tax year for taxable years beginning on or after January 1, 2023.

ELIGIBILITY

Sponsorship of the bill was updated to include additional legislators (Woerner, Berger) and the bill was re-referred to the Committee on Ways and Means after committee discharge and amendment.

TECHNICAL

Minor formatting changes including bill number designation (A3457 to A3457-A) and section numbering adjustments.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jan 7, 2026

Committee

REFERRED TO WAYS AND MEANS

lower

Mar 6, 2025

Lower · Passed

PRINT NUMBER 3457A

lower

Mar 6, 2025

Lower · Passed

AMEND (T) AND RECOMMIT TO WAYS AND MEANS

lower

Jan 27, 2025

Committee

REFERRED TO WAYS AND MEANS

lower

1 primary · 16 co-sponsors