§5B-2E-1. West Virginia Tourism Development Act
This article shall be referred to as the "West Virginia Tourism Development Act."
§5B-2E-10. Legislative Review
The Development Office shall report annually to the Joint Commission on Economic Development by December 1 of each year on the number of applications received from eligible companies as provided in this article, the identity of each eligible company, whether the eligible company is seeking the tourism development project credit or the tourism development expansion […]
§5B-2E-11. Termination
The development office may not accept any new project application after December 31, 2025, and all applications submitted prior to January 1, 2026, that have not been previously approved or not approved, shall be deemed not approved and shall be null and void as of January 1, 2026.
§5B-2E-2. Legislative Findings
The Legislature finds and declares that the general welfare and material well-being of the citizens of the state depend, in large measure, upon the development of tourism development projects in the state and that it is in the best interest of the state to induce the creation of new, or the expansion of existing, tourism […]
§5B-2E-3. Definitions
As used in this article, unless the context clearly indicates otherwise: (1) “Agreement” means a tourism development agreement entered into, pursuant to section six of this article, between the development office and an approved company with respect to a project.
§5B-2E-4. Additional Powers and Duties of the Development Office
The development office has the following powers and duties, in addition to those set forth in this case, necessary to carry out the purposes of this article including, but not limited to: (1) Make approval of all applications for projects and enter into agreements pertaining to projects with approved companies;
§5B-2E-5. Project Application; Evaluation Standards; Approval of Projects
(a) Each eligible company that seeks to qualify a project for the tourism development project tax credit provided by section seven of this article, or for the tourism development expansion project tax credit provided by section seven-a of this article, as applicable, must file a written application for approval of the project with the Development […]
§5B-2E-6. Agreement Between Development Office and Approved Company
The Development Office, upon final approval of an application by the executive director, may enter into an agreement with any approved company with respect to its project. The terms and provisions of each agreement shall include, but not be limited to: (1) The amount of approved costs of the project that qualify for a sales […]
§5B-2E-7. Amount of Credit Allowed for Tourism Development Project; Approved Projects
(a) Approved companies are allowed a credit against the West Virginia consumers sales and service tax imposed by article fifteen, chapter eleven of this code and collected by the approved company on sales generated by or arising from the operations of the tourism development project: Provided, That if the consumers sales and service tax collected […]
§5B-2E-7a. Amount of Credit Allowed for Tourism Development Expansion Project; Approved Projects
(a) Approved companies are allowed a credit against the West Virginia consumers sales and service tax imposed by article fifteen, chapter eleven of this code and collected by the approved company on sales generated by or arising from the operations of the tourism development expansion project: Provided, That the tourism development expansion project tax credit […]
§5B-2E-7b. Credit Against Taxes
(a) General. – When a qualified professional services destination facility is located at or adjacent to an existing historic resort hotel with at least five hundred rooms and the qualified professional services destination facility eligible for credit under this section is primarily engaged in furnishing services that are not subject to the tax imposed by […]
§5B-2E-8. Forfeiture of Unused Tax Credits; Credit Recapture; Recapture Tax Imposed; Information Required to Be Submitted Annually to Development Office; Transfer of Tax Credits to Successors
(a) The approved company or eligible company shall forfeit the tourism development project tax credit allowed by section seven of this article, or the tourism development expansion tax credit allowed by section seven-a of this article, or the tax credit allowed by section seven-b of this article, as applicable, with respect to any calendar year […]
§5B-2E-9. Promulgation of Rules
The executive director of the Development Office may promulgate rules to implement the project application approval process and to describe the criteria and procedures it has established in connection therewith. These rules are not subject to the provisions of chapter twenty-nine-a of this code but shall be filed with the Secretary of State.