§11-13X-1. Short Title
This article may be cited as the "West Virginia Film Industry Investment Act."
§11-13X-10. Burden of Proof
The burden of proof is on the eligible company claiming the credit allowed by this article to establish by clear and convincing evidence that the eligible company or credit transferee is entitled to the amount of credit asserted for the taxable year.
§11-13X-11. Tax Credit Review and Accountability
(a) Beginning on the first day of the third taxable year after the passage of this article and every two years thereafter, the Office of Economic Development shall submit to the Governor, the President of the Senate and the Speaker of the House of Delegates a tax credit review and accountability report evaluating the cost […]
§11-13X-12. Economic Development; Utilization of State Locations, Talent, and Production Companies
(a) The West Virginia Office of Economic Development, in consultation and coordination with the appropriate public and private entities, shall promote, foster, encourage, and monitor the development of the film industry in this state as part of its comprehensive economic development strategy for West Virginia and report recommendations for expanding the industry in the state […]
§11-13X-13. Effective Date, Elimination of Film Tax Credits, Preservation of Film Tax Credits Earned Prior to the Sunset Date; Cessation of the West Virginia Film Office
(a) The credit allowed by this article shall be allowed upon eligible expenditures occurring after December 31, 2007 and before January 16, 2018, and shall be allowed upon eligible expenditures occurring on and after the date specified in subsection (d) of this section and before the termination date specified therein. (b) Film tax credits to […]
§11-13X-2. Legislative Findings and Purpose
The Legislature finds that the encouragement of economic growth through the production of motion pictures and other commercial film or audiovisual projects in this state is in the public interest and promotes the general welfare of the people of this state. In order to encourage greater economic growth and development in this state, there is […]
§11-13X-3. Definitions
(a) General. When used in this article, or in the administration of this article, terms defined in subsection (b) of this section have the meanings ascribed to them by this section, unless a different meaning is clearly required by the context in which the term is used. (b) Terms defined. “Commercial exploitation” means reasonable intent […]
§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: (1) Direct production expenditures incurred in West Virginia that are directly attributable to the production in West Virginia of a qualified project which expenditures […]
§11-13X-5. Amount of Credit Allowed; Limitation of the Credits
(a) Base allowance. The amount of credit allowed to every eligible company, except as provided in subsection (b) of this section, is 27 percent. (b) Extra allowance for hiring of local workers. Any amount allowed in subsection (a) of this section shall be increased by an additional four percent if the eligible company, or its […]
§11-13X-6. Requirements for Credit
(a) In order for any eligible company to claim a tax credit under this article, it shall comply with the following requirements: (1) If the qualified project contains production credits, the eligible company shall agree, upon request by the Office of Economic Development, to recognize the State of West Virginia with the following acknowledgment in […]
§11-13X-7. Application of Credit to State Taxes
(a) Credit allowed. – Beginning in the taxable year that the expenditures permitted under section four of this article are incurred, eligible companies and owners of eligible companies, as described in subsection (d) of this section, are permitted a credit, as described in section five of this article, against the taxes imposed by articles twenty-four […]
§11-13X-8. Uses of Credit; Unused Credit; Carry Forward; Carry Back Prohibited; Expiration and Forfeiture of Credit
(a) No credit is allowed under this section against any employer withholding taxes imposed by 11-21-1 et seq. of this code. (b) If the tax credit allowed under this article in any taxable year exceeds the sum of the taxes enumerated in subsections (b), (c), or (d) of 11-13X-7 of this code, for that taxable […]
§11-13X-9. Legislative Rules
(a) The Tax Commissioner shall propose for promulgation rules pursuant to article three, chapter twenty-nine-a of this code as may be necessary to carry out the purposes of this article. (b) The Secretary of the West Virginia Department of Commerce may propose for promulgation rules pursuant to article three, chapter twenty-nine-a of this code as […]