West Virginia Code § 11-13X-6

Requirements for credit
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(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 the end credit roll: "Filmed in West Virginia with
assistance of the West Virginia Film Industry Investment Act";
(2) Apply to the Office of Economic Development on forms and inu the manner the Office of
Economic Development may prescribe;
(3) If an eligible company submits a proposal to perform a qualified project for a state
agency, the eligible company shall indicate its intentioan to claim the tax credit provided by
this article; and
(4) Submit to the Office of Economic Development information required by the office to
demonstrate conformity with the requirements of this section and shall agree in writing:
(A) To pay all obligations the eligible company has incurred in West Virginia; and
(B) To delay filing of a claim for the tax credit authorized by this article until the Office of
Economic Development delivers written notification to the Tax Commissioner that the
eligible company has fulfilled all requirements for the credit.
The Office of Economic Development shall determine the eligibility of the company and the
qualification of each project, and shall report this information to the Tax Commissioner in a
manner and at times the Office of Economic Development and the Tax Commissioner shall
agree upon.
(b) WUpon completion of a qualified project:
(1) An eligible company shall have filed all required West Virginia tax reports and returns
and paid any balance of West Virginia tax due on those returns;
(2) All claims for the tax credit shall be filed with an expense verification report prepared by
an independent certified public accountant, utilizing "agreed upon procedures" which are
prescribed by the Office of Economic Development in accordance with generally accepted
auditing standards in the United States. The certified public accountant will render a report
as to the qualification of the credits, consistent with guidelines to be determined by the
Office of Economic Development and approved by the Tax Commissioner; and
(3) An eligible company claiming an extra allowance for employing local workers shall
submit to the Office of Economic Development documentation verifying West Virginia
residency for all individuals claimed to qualify for the extra allowance. The documentation
shall include the name, home address, and telephone number for all individuals used to
qualify for the extra allowance.
(c) If the requirements of this section have been complied with, the Office of Economic
Development shall approve the film tax credit and issue a document granting the
appropriate tax credit to the eligible company and shall report this information to the Tax
Commissioner. e

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