West Virginia Department of Commerce Transferable Tax Credits

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Transferable Tax Credits



Overview
Guidelines
Forms
Statute

Legislative Rules
Meeting Schedule of Film Credit Development Committee
List of Approved Applications

OVERVIEW

Transferable Tax Credits:  Up to 31% of qualified in-state spend (27% base plus 4% if 10 or more West Virginia residents hired full time)

Caps:  $25,000 minimum in-state spend...no per project cap or shooting percentage requirement...funded at $5 million annually

Project Start Date:  Projects must begin principal photography within 120 days of approval

Eligible Projects: Feature length theatrical or direct-to-video motion pictures; made-for-TV motion pictures; TV pilots, series, and miniseries; commercials; music videos; commercial still photography

     W.Va. Code §11-13X-3(b)(8) provides, among other things, that: A qualified project may be produced on any single media or multimedia program that:

Ø Is not intended to and does not violate W.Va. Code § 61-8C-1, et seq.

Ø Does not contain obscene matter or sexually explicit conduct, as defined by W.Va. Code § 61-8A-1, et seq.

Ø Does not contain content that portrays the State of West Virginia in a significantly derogatory manner.

Qualified Spend: Expenses incurred in West Virginia or with a West Virginia vendor:

Ø talent and crew (wages, fringe benefits, fees for talent, management, or labor to a person subject to West Virginia income tax)

Ø loan out or personal services corporation if subject to West Virginia income tax

Ø airfare purchased through West Virginia-based travel company

Ø insurance coverage and bonding purchased through West Virginia-based insurance agent

Ø equipment rental rented through a West Virginia person or company

Ø set construction and operations, wardrobe, accessories and related services

Ø photography, sound synchronization, lighting, and related services

Ø rental of facilities

Ø leasing of vehicles

Ø lodging

Ø food

Ø story and scenario

Ø editing and post-production related services

Ø other direct costs in accordance with generally accepted entertainment industry practices

Ineligible Projects: News or current affairs programming, a weather or market program, an interview or talk show, a sporting event or show, an awards show, a gala, a production that solicits funds, a home shopping program, a program that primarily markets a product or service, political advertising or a concert production

WV Film Office
866.698.3456