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 occur in West Virginia or with a West Virginia vendor; and

# (2)

Postproduction expenditures incurred in West Virginia that are:

(A) Directly attributable to the production of a qualified project; and

(B) For services performed in West Virginia.

# (b)

Expenditures utilized by an eligible company for purposes of calculating the tax credit authorized by this article shall in no event be utilized by the eligible company for the purpose of calculating or qualifying investment for claiming the economic opportunity tax credit authorized by §11-13Q-1 et seq . of this code or the manufacturing investment tax credit authorized by §11-13S-1 et seq . of this code.