Eligibility

The following conditions must be met to qualify for the incentive:

1. Filing entity must be a Film Production Company

  • A “Film Production Company” is: “a person that produces one or more films or any part of a film”. This is the entity that is listed on the Film Office’s project registration that incurs the costs for the project and then files for the credit.

2. Project must be a “film” or a commercial audio-visual product

  • “Film” means a single media or multimedia program, excluding advertising messages other than national or regional advertising messages intended for exhibition that is fixed on film, digital medium, videotape, computer disc, laser disc or other similar delivery medium; can be viewed or reproduced; is not intended to and does not violate a provision of Chapter 30, Article 37 NMSA 1978 (which relates to materials viewed by minors); and is intended for reasonable commercial exploitation for the delivery medium used.

  • A “commercial audiovisual product” means a film or video game intended for commercial exploitation.

3. Project must be funded and greenlit prior to registration

  • The project must be funded, and Proof of Funds (pdf) may be requested.

  • The project must be greenlit

4. Project must be intended for exhibition and reasonable commercial  exploitation

  • The project (or product) must be commercially viable – available to the public either via purchase or because media buys are in place. 

What types of projects qualify?  

*this is not an exhaustive list

Projects that DO qualify 
(if conditions above are met):

  • Feature films
  • Independent films
  • Television (MOW, pilots, series, reality) *
  • Certain Commercials and EPKs *
  • Documentaries 
  • Student Films
  • Short films
  • Animation
  • Video games
  • Music videos
  • VR
  • Multi-Media
  • New Media
  • Standalone Post Production
* See additional requirements below

Projects that DO NOT qualify:

  • PSAs
  • Print campaigns
  • Trailers
  • Promotional/marketing products
  • Web design/development
  • Live events
  • Commissioned projects for a single client
  • Commercials only available on the client/owner’s website do not qualify as they are considered promotional.

*Additional Requirements

Certain Commercials
Commercials require a signed letter from the Ad Agency or Client describing the relationship with the Production Company and confirming which entity is claiming the credit.

  • Regional – Proof of more than one media buy is required.

  • National – Proof of national media buy is required.

  • Internet – Proof of a media buy (as equates to “ad space”) is required. 

EPKs
EPKs may qualify if the production company filing for the EPK is not the same as the company filing for the project featured in the EPK.

Standalone television pilots
Pilots that are not going straight-to-series require a signed letter from Parent Company verifying the production is intending production of the series in New Mexico if the Pilot is “picked up” and ordered to series. If the Pilot is shot in NM but the first season is not shot in NM, the Pilot will not be eligible for the additional 5%.