West Virginia Code 11-13X-4 – Creation of the tax credit
(a) An eligible company may apply for, and the Tax Commissioner shall allow, a nonrefundable tax credit in an amount equal to the percentage specified in § 11-13X-5 of this code of:
Terms Used In West Virginia Code 11-13X-4
- Commissioner: means the State Tax Commissioner. See West Virginia Code 11-22-1
- Eligible company: means a person or business entity engaged in the business of producing film industry productions. See West Virginia Code 11-13X-3
- Qualified project: means a feature length theatrical or direct-to-video motion picture, a made-for-television motion picture, a music video, commercial still photography, a television pilot program, a television series, and a television mini-series that incurs a cumulative amount of $50,000 in a calendar year in direct production expenditures and post-production expenditures in West Virginia or any combination of projects not previously claimed that would qualify for the credit except for cost, and that combined meets or exceeds the cumulative amount of $50,000 in a calendar year. See West Virginia Code 11-13X-3
(1) Direct production expenditures incurred in West Virginia that are directly attributable to the production in West Virginia of a qualified project which expenditures occur in West Virginia or with a West Virginia vendor; and
(2) Postproduction expenditures incurred in West Virginia that are:
(A) Directly attributable to the production of a qualified project; and
(B) For services performed in West Virginia.
(b) Expenditures utilized by an eligible company for purposes of calculating the tax credit authorized by this article shall in no event be utilized by the eligible company for the purpose of calculating or qualifying investment for claiming the economic opportunity tax credit authorized by § 11-13Q-1 et seq. of this code or the manufacturing investment tax credit authorized by § 11-13S-1 et seq. of this code.