V.I. Code tit. 29, § 751 (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 12 - Economic Development and Incentives|Subchapter IV - Sustainable Tourism Through Arts-Based Revenue Stream Production for the Film Industry|§ 751. Definitions

 As used in this subchapter, the term: (a) “Affiliate” means an entity that is included in the production company’s affiliated group, as defined 26 U.S.C. §1504(a), and any other entity that is directly or indirectly owned 50 percent or more by a member of the affiliated group. (b) “Application Fee” means a fee to be paid by an applicant for Incentives to the Economic Development Authority pursuant to regulations promulgated under this subchapter. (c) “Base investment” means the aggregate funds actually expended by a Production Company as Qualified Production Expenditures incurred in this Territory which are directly used in a Territory Certified Production. (d) “Compensation” means salary, wages, or other compensation, including related benefits paid to and on behalf of Virgin Islands residents. (e) “Incentives” includes the rebates, credits, waivers or other offsets available under this subchapter. (f) “New media” means the development, usually electronic, forms of visual and audio communication media regarded as on-demand electronic mass media on an interactive platform combined with computerized devices. (g) “Production Company” means a company primarily engaged in Qualified Production Activities that have been approved by the Economic Development Authority and the Department of Tourism. The term does not include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person that is in default on any tax obligation of the Territory, or a loan made by the Territory or a loan guaranteed by the Territory. (h) “Qualified Production Expenditures” means preproduction, including scouting activities, production, postproduction expenditures incurred in this Territory which are directly used in a Qualified Production Activity. This term does not include postproduction expenditures for marketing and distribution of a project unless these functions are implemented in the Territory and utilize local goods and services. (i) “Qualified Virgin Islands Promotion” means a qualified promotion of this Territory approved by the Economic Development Authority and the Department of Tourism and as described in the regulations promulgated hereunder consisting of a: (1) Qualified movie production that includes any reference to or identification of the Virgin Islands or contains credits within its presentation as being made in the Virgin Island; (2) Qualified television production that includes any reference to or identification of the Virgin Islands, or contains credits within its presentation as being made in the Virgin Islands. (3) Qualified music video that includes any reference to or identification of the Virgin Islands or contains credits within its presentation as being made in the Virgin Islands. (4) Qualified interactive game that includes any reference to or identification of the Virgin Islands or contains credits within its presentation as being made in the Virgin Island; or (5) Qualified new media format program, including digital media, webcast, and on-demand access video which includes any reference to or identification of the Virgin Islands, or contains credits within its presentation as being made in the US Virgin Islands. (j) “Qualified Production Activity” means the production of new film, video, or digital projects produced in this Territory and approved by the Economic Development Authority and the Department of Tourism, such as feature films, television series, movies for television, digital release, webcasts, commercials, interactive entertainment or sound recording projects used in feature films, TV series, or movies for television, webcasts, commercials, interactive entertainment, including, but not limited to: (1) Projects recorded in this Territory, in whole or in part, in either short or long form, animation or music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, licensing for exhibition by individual television stations, groups of stations, networks, cable television stations, public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition; (2) Storyboard preparation, scripting, art direction, set construction and operation; (3) Wardrobe, makeup, accessories, and related services; (4) Costs associated with cinematography, photography and sound synchronization, lighting, and related services and materials; (5) Editing and related services; rental of facilities and equipment; leasing of vehicles; (6) Costs of food and lodging; (7) Digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; (8) Total aggregate payroll; airfare, if purchased through a Virgin Islands based travel agency or travel company; insurance costs and bonding. if purchased through an insurance agency licensed in the Virgin Islands; (9) Professional services, including legal, accounting, payroll, consulting and security; and (10) Other direct costs of producing the project in accordance with generally accepted entertainment industry practices. (k) “Resident” means an individual as designated in section 703(e) of this title. (l) “Resident Production Company” means a production company that has been organized under the laws of the Virgin Islands, has more than fifty percent of its controlling interest owned by a Virgin Islands Resident, is headquartered in the Virgin Islands and licensed to do business in the Virgin Islands and undertakes projects that are originated or produced locally by a Virgin Islands resident filmmaker or videographer. (m) “Territory” means the Virgin Islands, as defined in section 2(a) of the Revised Organic Act of the Virgin Islands, 48 U.S.C. § 1541(a). (n) Territory Certified Production” means a production engaged in Qualified Production Activities whose application for Incentives has been approved by the Economic Development Authority and the Department of Tourism in accordance with regulations promulgated pursuant to this subchapter. (o) “Total aggregate payroll” means the total sum expended by a Production Company on salaries paid to Virgin Islands resident employees working within this Territory in a Territory Certified Production or Productions. For purposes of this subsection: (1) With respect to a single employee, the portion of any compensation which exceeds $500,000 for a single production shall not be included when calculating total aggregate payroll; and (2) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest must be considered as having been paid to the employee and must be aggregated regardless of the means of payment or distribution. (p) “Filmmaking” means all forms, steps or techniques involved in the processing and production of items or commodities designed to transmit visual communication through the motion picture media, including celluloid tapes, cassettes or any other vehicle for such transmittal. (q) “Video data content” means any recordable form of audio-visual information in any digital or analog format resulting from either the filming process-capturing the audio-visual data-or the post production process, editing, sound design, and related activities.