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560.768(2)(b) (b) Revises the certification required under s. 560.765 (5) and provides a copy of the revised form to the department of revenue and the person whose limit is increased under this subsection.
560.768(3) (3)
560.768(3)(a)(a) The department may reduce a limit established under sub. (1) or (2) if the department determines that any of the following applies:
560.768(3)(a)1. 1. The limit is not consistent with the criteria listed under s. 560.765 (3) (a) to (e).
560.768(3)(a)2. 2. The information on which the limit is based was inaccurate or significantly misestimated.
560.768(3)(b) (b) The department shall notify the department of revenue and the person whose limit on tax benefits is reduced under par. (a) and provide a written explanation to the person of the reasons for reducing the limit.
560.768 History History: 1987 a. 328; 1989 a. 31, 56; 1997 a. 27; 2005 a. 253.
560.77 560.77 Revocation of certification.
560.77(1) (1) The department shall revoke the certification of a person certified under s. 560.765 (3) if the person does any of the following:
560.77(1)(a) (a) Supplies false or misleading information to obtain certification.
560.77(1)(b) (b) Becomes subject to revocation under s. 560.78 (1).
560.77(1)(c) (c) Leaves the development zone to conduct substantially the same business outside of the development zone.
560.77(1)(d) (d) Ceases operations in the development zone and does not renew operation of the trade or business or a similar trade or business in the development zone within 12 months.
560.77(2) (2) The department shall notify the department of revenue within 30 days of revoking a certification under sub. (1).
560.77 History History: 1987 a. 328.
560.78 560.78 Certification prohibited in certain cases.
560.78(1)(1) Except as provided in subs. (2) and (3), no person may be certified under s. 560.765 (3), or a person's certification may be revoked under s. 560.77, if the proposed new business, expansion of an existing business or other proposed economic activity in a development zone would do or does any of the following:
560.78(1)(a) (a) Result in the direct loss of full-time jobs at another of the person's business locations in this state outside of the development zone.
560.78(1)(b) (b) Likely result in the direct transfer of employees from a business location in this state to a business location in the development zone.
560.78(1m) (1m) No person may be certified under s. 560.765 (3) on or after March 6, 2009.
560.78(2) (2)Subsection (1) does not apply if, after a hearing, the department, or the local governing body under sub. (3) (a), determines that any of the following applies:
560.78(2)(a) (a) The total number of full-time jobs provided by the person in this state would be reduced if the person were not certified under s. 560.765 (3) or if the person's certification were revoked.
560.78(2)(b) (b) The situation is extraordinary.
560.78(3) (3)
560.78(3)(a)(a) Except as provided in pars. (b) and (c), if the economic activity for which a person is seeking certification under s. 560.765 (3) is the relocation of a business into a development zone from a location that is outside the development zone but within the limits of a city, village, town or federally recognized American Indian reservation in which that development zone is located, the local governing body that nominated that area as a development zone under s. 560.72 shall determine whether sub. (2) (a) or (b) applies.
560.78(3)(b) (b) Only the department may determine whether sub. (2) (a) or (b) applies to a business relocation described in par. (a) if the business relocation would likely result in the loss of full-time jobs at or transfer of employees from a business location that is in this state but outside the limits of any city, village, town or federally recognized American Indian reservation in which the development zone is located.
560.78(3)(c) (c) No local governing body may make any determination under this subsection on or after March 6, 2009.
560.785 560.785 Rules on eligibility for tax benefits.
560.785(1) (1) For the development zone program under ss. 560.70 and 560.71 to 560.78, the development opportunity zone program under s. 560.795 and the enterprise development zone program under s. 560.797, the department shall promulgate rules that further define a person's eligibility for tax benefits. The rules shall do at least all of the following:
560.785(1)(a) (a) Limit a person's eligibility to claim tax benefits for retaining full-time jobs to those jobs that likely would not have been retained but for the tax benefits.
560.785(1)(b) (b) Allow a person to claim up to $8,000 in tax benefits during the time that an area is designated as a development zone, as a development opportunity zone or as an enterprise development zone for creating a full-time job that is filled by a member of the target population.
560.785(1)(bm) (bm) Allow a person to claim up to $8,000 in tax benefits during the time that an area is designated as an enterprise development zone for retaining a full-time job if the department determines that the person made a significant capital investment to retain the full-time job.
560.785(1)(c) (c) Allow a person to claim up to $6,000 in tax benefits during the time that an area is designated as a development zone, as a development opportunity zone or as an enterprise development zone for any of the following:
560.785(1)(c)1. 1. Creating a full-time job that is filled by an individual who is a Wisconsin resident and who is not a member of the target population.
560.785(1)(c)2. 2. Retaining a full-time job that is filled by an individual who is a Wisconsin resident and who is not a member of the target population.
560.785(1)(d) (d) Except for a person claiming tax benefits only for environmental remediation under s. 71.07 (2dx) (b) 1., 71.28 (1dx) (b) 1., 71.47 (1dx) (b) 1., or 76.636, require at least 25% of the tax benefits claimed by a person to be based on creating or retaining full-time jobs.
560.785(1)(e) (e) Require at least one-third of the tax benefits claimed by a person that are based on creating full-time jobs to be based on creating full-time jobs that are filled by members of the target population.
560.785(1)(f) (f) Specify how long a full-time job that is created or retained by a person must be maintained in order for the person to claim tax benefits for the full-time job.
560.785(1)(g) (g) Generally provide incentives for the retention of employees filling full-time jobs upon which tax benefits are based.
560.785(1)(h) (h) Provide that a person's eligibility to claim tax benefits for environmental remediation under s. 71.07 (2dx) (b) 1., 71.28 (1dx) (b) 1., 71.47 (1dx) (b) 1., or 76.636 is not based on creating or retaining jobs.
560.785(2) (2) The department may by rule specify circumstances under which the department may grant exceptions to any of the following:
560.785(2)(a) (a) The requirements specified under sub. (1) (d) and (e).
560.785(2)(b) (b) The requirement under ss. 560.70 (2m) and 560.797 (1) (am) that an individual's pay must equal at least 150% of the federal minimum wage.
560.785(2)(c) (c) The requirement under ss. 560.70 (2m) and 560.797 (1) (am) that an individual's position must be regular, nonseasonal and full-time and that the individual must be required to work at least 2,080 hours per year, including paid leave and holidays.
560.785 History History: 1997 a. 27, 41; 1999 a. 9; 2005 a. 259; 2009 a. 2.
560.795 560.795 Development opportunity zones.
560.795(1) (1)Designation of development opportunity zones. The following areas are designated as development opportunity zones:
560.795(1)(a) (a) An area in the city of Beloit, the legal description of which is provided to the department by the local governing body of the city of Beloit.
560.795(1)(b) (b) An area in the city of West Allis, the legal description of which is provided to the department by the local governing body of the city of West Allis.
560.795(1)(c) (c) An area in the city of Eau Claire, the legal description of which is provided to the department by the local governing body of the city of Eau Claire.
560.795(1)(d) (d) An area in the city of Kenosha, the legal description of which is provided to the department by the local governing body of the city of Kenosha.
560.795(1)(e) (e) An area in the city of Milwaukee, the legal description of which is provided to the department by the local governing body of the city of Milwaukee.
560.795(1)(f) (f) For the Gateway Project, an area in the city of Beloit, the legal description of which is provided to the department by the local governing body of the city of Beloit.
560.795(1)(g) (g) An area in the city of Janesville, the legal description of which is provided to the department by the local governing body of the city of Janesville.
560.795(1)(h) (h) An area in the city of Kenosha, the legal description of which is provided to the department by the local governing body of the city of Kenosha.
560.795(2) (2)Duration, limits and expiration.
560.795(2)(a)(a) Except as provided in par. (d), the designation of each area under sub. (1) (a), (b), and (c) as a development opportunity zone shall be effective for 36 months, with the designation of the areas under sub. (1) (a) and (b) beginning on April 23, 1994, and the designation of the area under sub. (1) (c) beginning on April 28, 1995. Except as provided in par. (d), the designation of each area under sub. (1) (d) and (e) as a development opportunity zone shall be effective for 84 months, with the designation of the area under sub. (1) (d) beginning on January 1, 2000, and the designation of the area under sub. (1) (e) beginning on September 1, 2001. Except as provided in par. (d), the designation of the area under sub. (1) (f) as a development opportunity zone shall be effective for 108 months, beginning on September 1, 2001. Except as provided in pars. (d) and (e), the designation of each area under sub. (1) (g) and (h) as a development opportunity zone shall be effective for 60 months, beginning on the date on which the area is designated under sub. (1).
560.795(2)(b)1.1. The limit for tax benefits for the development opportunity zone under sub. (1) (a) is $7,000,000.
560.795(2)(b)2. 2. The limit for tax benefits for the development opportunity zone under sub. (1) (b) is $3,000,000.
560.795(2)(b)3. 3. The limit for tax benefits for the development opportunity zone under sub. (1) (c) is $3,000,000.
560.795(2)(b)4. 4. The limit for tax benefits for the development opportunity zone under sub. (1) (d) is $7,000,000.
560.795(2)(b)5. 5. The limit for tax benefits for the development opportunity zone under sub. (1) (e) is $4,700,000.
560.795(2)(b)6. 6. The limit for tax benefits for the development opportunity zone under sub. (1) (f) is $6,700,000.
560.795(2)(b)7. 7. Except as provided in par. (e) 1., the limit for tax benefits for the development opportunity zone under sub. (1) (g) is $5,000,000.
560.795(2)(b)8. 8. Except as provided in par. (e) 2., the limit for tax benefits for the development opportunity zone under sub. (1) (h) is $5,000,000.
560.795(2)(c) (c) Annually, the department shall estimate the amount of forgone state revenue because of tax benefits claimed by corporations or persons in each development opportunity zone.
560.795(2)(d)1.1. Notwithstanding pars. (a) and (e), the designation of an area as a development opportunity zone shall expire 90 days after the day on which the department determines that the forgone tax revenues under par. (c) will equal or exceed the limit for the development opportunity zone.
560.795(2)(d)2. 2. The department shall immediately notify the local governing body of the city in which the development opportunity zone is located of a change in the expiration date of the development opportunity zone under this paragraph.
560.795(2)(e)1.1. The department may extend the designation of an area under sub. (1) (g) as a development opportunity zone for an additional 60 months if the department determines that an extension under this subdivision would support economic development within the city. If the department extends the designation of the area as a development opportunity zone, the limit for tax benefits for the development opportunity zone under sub. (1) (g) is increased by $5,000,000.
560.795(2)(e)2. 2. The department may extend the designation of an area under sub. (1) (h) as a development opportunity zone for an additional 60 months if the department determines that an extension under this subdivision would support economic development within the city. If the department extends the designation of the area as a development opportunity zone, the limit for tax benefits for the development opportunity zone under sub. (1) (h) is increased by $5,000,000.
560.795(3) (3)Application and entitlement to tax benefits.
560.795(3)(a)1.1. Any corporation that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1) (a) or (b) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the department no later than 6 months after April 23, 1994, shall be entitled to claim tax benefits while the area is designated as a development opportunity zone.
560.795(3)(a)2. 2. Any corporation that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1) (c) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the department no later than 6 months after April 28, 1995, shall be entitled to claim tax benefits while the area is designated as a development opportunity zone.
560.795(3)(a)3. 3. Any corporation that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1) (d) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the department no later than July 1, 2000, shall be entitled to claim tax benefits while the area is designated as a development opportunity zone.
560.795(3)(a)4. 4. Any person that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1) (e), (f), (g), or (h) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the department shall be entitled to claim tax benefits while the area is designated as a development opportunity zone.
560.795(3)(b) (b) A project plan under par. (a) shall include all of the following:
560.795(3)(b)1. 1. The name and address of the corporation's or person's business for which tax benefits will be claimed.
560.795(3)(b)2. 2. The appropriate federal tax identification number of the corporation or person.
560.795(3)(b)3. 3. The names and addresses of other locations outside of the development opportunity zone where the corporation or person conducts business and a description of the business activities conducted at those locations.
560.795(3)(b)4. 4. The amount that the corporation or person proposes to invest in a business, or spend on the construction, rehabilitation, repair, or remodeling of a building, located within the development opportunity zone.
560.795(3)(b)5. 5. The estimated total investment of the corporation or person in the development opportunity zone.
560.795(3)(b)6. 6. The number of full-time jobs that will be created, retained, or substantially upgraded as a result of the corporation's or person's economic activity in relation to the amount of tax benefits estimated for the corporation or person.
560.795(3)(b)7. 7. The corporation's or person's plans to make reasonable attempts to hire employees from the targeted population.
560.795(3)(b)8. 8. A description of the commitment of the local governing body of the city in which the development opportunity zone is located to the corporation's or person's project.
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This is an archival version of the Wis. Stats. database for 2009. See Are the Statutes on this Website Official?