ATCP 164.20(1)
(1) "Department" means the department of agriculture, trade and consumer protection.
ATCP 164.20(2)
(2) "Eligible capital investment" includes all expenses incurred in the acquisition, construction or improvement of buildings or facilities; and the purchase price of depreciable personal property or equipment.
ATCP 164.20(3)
(3) "Livestock" means domesticated food animals other than fish and wild game animals.
ATCP 164.20(4)
(4) "Meat" means the edible muscle and other edible parts of animals used as food for human consumption including the dressed edible muscle and other edible parts of cattle, swine, sheep, goats, poultry, and other food animals, except fish and wild game animals.
ATCP 164.20 Note
Note: Section
71.07 (3r) (a) 2. of the Statutes reads as follows: " `Meat processing' means processing livestock into meat products or processing meat products for sale commercially."
ATCP 164.20(6)
(6) "Meat product" means a value-added, saleable, and edible stand-alone product resulting from processing meat or another meat product by a USDA or state-inspected facility. Meat products do not include sandwiches, spreads, appetizers, soups, salads, dinners, pizzas, pasties, or any other product that uses meat in any manner other than as the predominant ingredient. Meat products also do not include products that are processed through custom or mobile processing or slaughtering.
ATCP 164.20(7)
(7) "Process" means to cut, grind, manufacture, compound, intermix, or prepare meat or meat products for human consumption.
ATCP 164.20 History
History: CR 10-007: cr.
Register August 2010 No. 656, eff. 9-1-10;
correction in (1) made under s.
13.92 (4) (b) 6., Stats.,
Register October 2011 No. 670.
ATCP 164.30
ATCP 164.30
Applying for certification and allocation. ATCP 164.30(1)(a)
(a) A taxpayer or one of the following entities may apply for a certification and an allocation for a meat processing facility investment credit:
ATCP 164.30(1)(b)
(b) A "taxpayer" or the "entities" in
par. (a) may include either the operator of a meat processing operation, or an owner of a building or facility in which the operation occurs.
ATCP 164.30(2)
(2) Application to the department for a certification and an allocation of the credit shall be made on a valid, department-prescribed form.
ATCP 164.30 Note
Note: The application form that is currently valid can be obtained from the Department of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, WI 53708-8911.
ATCP 164.30(3)(a)(a) Each application shall include all of the following information:
ATCP 164.30(3)(a)1.
1. A description of the business operations of the applicant, in relation to the project.
ATCP 164.30(3)(a)4.
4. Any other information that the department deems necessary to evaluate applications and allocate available tax credits.
ATCP 164.30(3)(b)
(b) No application may include costs incurred in taxable years beginning on or after January 1, 2017.
ATCP 164.30(4)
(4) Each application shall be completed and either postmarked or delivered to the department no sooner than upon completion of the taxable year in which the costs listed in the application were incurred and no later than February 15 of the subsequent taxable year, unless this deadline is extended by the department.
ATCP 164.30 History
History: CR 10-007: cr.
Register August 2010 No. 656, eff. 9-1-10.
ATCP 164.40
ATCP 164.40
Certifications for applicants, and allocation of tax credits. ATCP 164.40(2)
(2) In conjunction with issuing a certification for an applicant, the department shall determine the maximum amount of tax credit that the applicant may either claim or distribute to its partners, members or shareholders.
ATCP 164.40 Note
Note: Under chapter 71 of the Statutes, the aggregate amount of credits that a taxpayer may claim under this chapter is $200,000; except that partnerships, limited liability companies, tax-option corporations and other multiple-owner entities are limited to an aggregate of $200,000 for a facility.
ATCP 164.40(3)(a)(a) Due to the $300,000 and $700,000 maximum totals established in s.
93.545 (2), Stats., for allocations in fiscal years 2009-10 and thereafter, respectively, the department may allocate the tax credits in a manner that the department believes is most likely to promote economic development.
ATCP 164.40(3)(b)
(b) In determining the allocation of tax credits under
par. (a), the department shall consider all of the following:
ATCP 164.40(3)(b)2.
2. The salaries, wages and other employee benefits of the jobs created by the project.
ATCP 164.40(3)(b)4.
4. The extent to which the area served by the project is economically distressed.
ATCP 164.40(3)(c)
(c) The department may prorate some or all of the allocations in order to broaden the potential for promoting economic development and to address the criteria in
par. (b).
ATCP 164.40 History
History: CR 10-007: cr.
Register August 2010 No. 656, eff. 9-1-10;
correction in (1), (3) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register October 2011 No. 670.
ATCP 164.50
ATCP 164.50
Notifications. Following completion of the certifications and allocations in
s. ATCP 164.40, the department shall notify each applicant of the outcome of their application — and shall notify the department of revenue of every certification issued under this chapter and the amount of the tax credit allocated to the applicant.
ATCP 164.50 History
History: CR 10-007: cr.
Register August 2010 No. 656, eff. 9-1-10;
correction made under s.
13.92 (4) (b) 7., Stats.,
Register October 2011 No. 670.
ATCP 164.60
ATCP 164.60
Claims. A taxpayer may file for a tax credit under this chapter using forms acceptable to the department of revenue.
ATCP 164.60 History
History: CR 10-007: cr.
Register August 2010 No. 656, eff. 9-1-10.
