31% Tax Credits

Film Industry Investment Act

The West Virginia Film Industry Investment Act is a competitive tool used to recruit film industry business into the state.

31% tax credits for in-state spend

(27% base, plus 4% for 10 or more resident crew or talent hires)

Funded at $5 million annually

No per-project caps; Minimum spend of $25,000

$3,142,591.69 Tax Credits remaining for FY18 (10/24/17)

Eligible projects include feature length films, TV films and series, commercials, music videos, and commercial still photography. Ineligible projects include 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.

For complete program details, see W.Va. Code §11-13X and Administrative Rule 110-13X.

Applying to the Program

The information provided on this page is a brief summary of the steps to participate in the program and is not intended to, nor does it replace, the official statute and legislative rules which contain complete details and requirements of the program. All applicants, or their representatives, will be expected to read the statute and legislative rules to become familiar with the process.

  1. Applicant registers with the West Virginia Secretary of State and the West Virginia Tax Department.
  2. Applicant submit an Eligibility Application via mail. Electronic or fax submissions will not be accepted. Applications are due the first day of each month for review that month. Send applications to:
    West Virginia Tourism Office
    Building 3, Suite 100
    State Capitol Complex
    1900 Kanawha Boulevard, East
    Charleston, WV 25305
  3. Film Credit Development Committee reviews eligibility application notifies applicant of its decision within 30 days of receipt. Applicant will be asked to attend the review meeting or be available by phone. Approved projects must begin principal photography within 120 days of approval.
  4. Applicant may submit Modification Application if anticipated expenditures increase.
  5. Applicant submits a Tax Credit Voucher Application after project’s final expenditure in West Virginia. Voucher application must include an expense verification report prepared by an independent certified public accountant (at applicant’s expense) using Agreed Upon Procedures.
  6. Committee reviews and verifies Tax Credit Voucher Application and notifies applicant of decision within 30 days.
  7. Committee issues Tax Credit Voucher (aka Certificate of Entitlement) to applicant.
  8. The holder of the Tax Credit Voucher may apply the tax credits to its West Virginia tax liabilities (i.e., business franchise tax, corporation net income tax, and personal income tax) or may transfer or sell the credits to another person or entity with a West Virginia tax liability.

Transferring or Selling Credits

  1. Transferor/Seller must obtain a “Certificate of Good Standing” from the West Virginia Tax Department before transferring/selling tax credits.
  2. Transferor/Seller completes an Application for Transfer or Sale of Tax Credit and submit all required documentation.
  3. Upon review and approval, the West Virginia Film Office will issue a Tax Credit Voucher in the name of the Transferee/Buyer and, if a tax credit balance remains, will issue a new Tax Credit Voucher in the name of the Transferor/Seller. All vouchers will be returned to the Transferor/Seller for completing the transaction.
  4. Claims of the credit to offset West Virginia taxes (i.e., business franchise tax, corporation net income tax, and personal income tax) require a completed West Virginia Tax Department Schedule FIIA-TCS to be filed with the appropriate tax return, along with any other required support documentation, including an original Tax Credit Voucher.
  5. If a Transferee/Buyer wishes to subsequently transfer/sale any portion of the tax credits, the same procedures must be followed as noted in Steps 1-3 above.

A Transferee/Buyer may only use a tax credit beginning in the Tax Year that the Film Office issues a Tax Credit Voucher to the Transferee/Buyer, i.e., there is no carryback permitted for the Transferee/Buyer. The expiration date for any carry forward remains the same for the Transferee/Buyer.

Expiration and Use of Credits

Unused tax credits will be forfeited upon the expiration of the second taxable year after the taxable year in which the expenditures were incurred by the original holder of the Tax Credit Voucher. The expiration date will appear on each Tax Credit Voucher issued. No carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance. The transfer/sale of a tax credit does not extend the time in which the credit can be used. The carry forward period for credit that is transferred or sold begins on the date on which the credit was originally granted by the West Virginia Film Office.

Film Office Forms

Eligibility Application for West Virginia Film Industry Investment Act

Modification Application

Application for Tax Credit Voucher

Agreed Upon Procedures (for CPA’s expense verification report)

Application for Transfer or Sale of Tax Credit

Tax Department Forms

WV State Tax Department Schedule FIIA-TCS

  • FIIA-TCS— to be filed with taxpayer’s appropriate tax return when claiming tax credits to offset WV taxes

Request for Statement of Good Standing