ATCP 166.20(4)
(4) "Woody biomass" has the meaning given in s.
71.07 (3rm) (a) 3., Stats., and includes boards and other pieces that are cut out of or otherwise made from larger pieces.
ATCP 166.20 Note
Note: Section
71.07 (3rm) (a) 3. of the Statutes reads as follows: " `Woody biomass' means trees and woody plants, including limbs, tops, needles, leaves, and other woody parts, grown in a forest or woodland or on agricultural land."
ATCP 166.20 History
History: CR 11-010: cr.
Register November 2011 No. 671, eff. 12-1-11.
ATCP 166.30
ATCP 166.30
Applying for certification and allocation. ATCP 166.30(1)(1) A taxpayer or one of the following entities may apply for a certification and an allocation for a woody biomass harvesting and processing credit:
ATCP 166.30(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 166.30 Note
Note: The application form that is currently valid can be obtained from the department at P.O. Box 8911, Madison, WI, 53708-8911, or at
www.datcp.wi.gov.
ATCP 166.30(3)(a)(a) Each application shall include all of the following information:
ATCP 166.30(3)(a)1.
1. A description of the business operations of the applicant, in relation to the project.
ATCP 166.30(3)(a)2.
2. A description of the project; including the eligible capital investment, the number of jobs that will be created, and the wages and benefits for those jobs.
ATCP 166.30(3)(a)4.
4. Any other information that the department deems necessary to evaluate applications and allocate available tax credits.
ATCP 166.30(3)(b)
(b) No application may include costs incurred in taxable years beginning on or after January 1, 2016.
ATCP 166.30(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 166.30 History
History: CR 11-010: cr.
Register November 2011 No. 671., eff. 12-1-11.
ATCP 166.40
ATCP 166.40
Certifications for applicants, and allocation of tax credits. ATCP 166.40(1)
(1) After receipt of an application submitted under
s. ATCP 166.30, the department shall issue a certification for an applicant that has met the criteria in
s. ATCP 166.30.
ATCP 166.40(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 166.40 Note
Note: Under chapter 71 of the Statutes, the aggregate amount of credits that a taxpayer may claim under this chapter is $100,000; except that partnerships, limited liability companies, tax-option corporations, and other multiple-owner entities are limited to an aggregate of $100,000 for an entity.
ATCP 166.40(3)(a)(a) Due to the $900,000 maximum total established in s.
93.547 (2), Stats., for allocations in each fiscal year, the department may allocate the tax credits in a manner that the department believes is most likely to promote economic development.
ATCP 166.40 Note
Note: Section
93.547 (2) of the Statutes requires the department to annually "allocate $450,000 in tax credits to businesses that, individually, have no more than $5,000,000 in gross receipts from doing business in this state for the taxable year in which the credit is claimed."
ATCP 166.40(3)(b)
(b) In determining the allocation of tax credits under
par. (a), the department shall consider all of the following:
ATCP 166.40(3)(b)2.
2. The salaries, wages, and other employee benefits of the jobs created by the project.
ATCP 166.40(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 166.40 History
History: CR 11-010: cr.
Register November 2011 No. 671, eff. 12-1-11; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
ATCP 166.50
ATCP 166.50
Notifications. Following completion of the certifications and allocations in
s. ATCP 166.40, the department shall notify each applicant of the outcome of its 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 166.50 History
History: CR 11-010: cr.
Register November 2011 No. 671, eff. 12-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
ATCP 166.60
ATCP 166.60
Claims. A taxpayer may file for a tax credit under this chapter using forms acceptable to the department of revenue.
ATCP 166.60 History
History: CR 11-010: cr.
Register November 2011 No. 671, eff. 12-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
