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.
560.795(3)(b)9. 9. Other information required by the department or the department of revenue.
560.795(3)(c) (c) The department shall notify the department of revenue of all corporations or persons entitled to claim tax benefits under this subsection.
560.795(3)(d) (d) The department annually shall verify information submitted to the department under s. 71.07 (2di), (2dm), or (2dx), 71.28 (1di), (1dm), or (1dx), 71.47 (1di), (1dm), or (1dx), or 76.636.
560.795(4) (4)Revocation of entitlement.
560.795(4)(a)(a) The department shall revoke the entitlement of a corporation or person to claim tax benefits under sub. (3) if the corporation or person does any of the following:
560.795(4)(a)1. 1. Supplies false or misleading information to obtain the tax benefits.
560.795(4)(a)2. 2. Leaves the development opportunity zone to conduct substantially the same business outside of the development opportunity zone.
560.795(4)(a)3. 3. Ceases operations in the development opportunity zone and does not renew operation of the trade or business or a similar trade or business in the development opportunity zone within 12 months.
560.795(4)(b) (b) The department shall notify the department of revenue within 30 days after revoking an entitlement under par. (a).
560.795(5) (5)Certification based on the activity of another.
560.795(5)(a)(a) The department may certify for tax benefits a person that is conducting economic activity in the development opportunity zone under sub. (1) (e) or (f) and that is not otherwise entitled to claim tax benefits if all of the following apply:
560.795(5)(a)1. 1. The person's economic activity is instrumental in enabling another person to conduct economic activity in the development opportunity zone under sub. (1) (e) or (f).
560.795(5)(a)2. 2. The department determines that the economic activity of the other person under subd. 1. would not have occurred but for the involvement of the person to be certified for tax benefits under this subsection.
560.795(5)(a)3. 3. The person to be certified for tax benefits under this subsection will pass the benefits through to the other person conducting the economic activity under subd. 1., as determined by the department.
560.795(5)(a)4. 4. The other person conducting the economic activity under subd. 1. does not claim tax benefits under sub. (3).
560.795(5)(b) (b) A person intending to claim tax benefits under this subsection shall submit to the department an application, in the form required by the department, containing information required by the department and by the department of revenue.
560.795(5)(c) (c) The department shall notify the department of revenue of all persons certified to claim tax benefits under this subsection.
560.795(5)(d) (d) The department annually shall verify information submitted to the department under s. 71.07 (2dm) or (2dx), 71.28 (1dm) or (1dx), 71.47 (1dm) or (1dx), or 76.636.
560.795(5)(e) (e) The department shall revoke the entitlement of a person to claim tax benefits under this subsection if the person does any of the following:
560.795(5)(e)1. 1. Supplies false or misleading information to obtain the tax benefits.
560.795(5)(e)2. 2. Ceases operations in the development opportunity zone under sub. (1) (e) or (f).
560.795(5)(e)3. 3. Does not pass the benefits through to the other person conducting the economic activity under par. (a) 1., as determined by the department.
560.795(5)(f) (f) The department shall notify the department of revenue within 30 days after revoking an entitlement under par. (e).
560.797 560.797 Enterprise development zone program.
560.797(1)(1)Definitions. In this section:
560.797(1)(a) (a) "Environmental pollution" has the meaning given in s. 299.01 (4).
560.797(1)(aj) (aj) "Environmental remediation" has the meaning given in s. 71.07 (2dx) (a) 3.
560.797(1)(am) (am) "Full-time job" has the meaning given in s. 560.70 (2m).
560.797(1)(b) (b) "Project" means economic activity in the state.
560.797(1)(c) (c) "Target population" has the meaning given in s. 560.70 (6).
560.797(1)(d) (d) "Tax benefits" has the meaning given in s. 560.70 (7).
560.797(2) (2)Criteria for designation as an enterprise development zone.
560.797(2)(a)(a) Subject to pars. (c), (d), and (e), the department may designate an area as an enterprise development zone for a project if the department determines all of the following:
560.797(2)(a)1. 1. That the project serves a public purpose.
560.797(2)(a)2. 2. That the project will likely retain or increase employment in the state.
560.797(2)(a)3. 3. That the project is not likely to occur or continue without the department's designation of the area as an enterprise development zone.
560.797(2)(a)4. 4. That the project will likely positively affect an area that meets at least 3 of the following criteria:
560.797(2)(a)4.a. a. The unemployment rate in the area is higher than the state average for the 18 months immediately preceding the date on which the application under sub. (3) was submitted to the department.
560.797(2)(a)4.b. b. The percentage of persons residing in the area who are members of households with household income levels at or below 80% of the statewide median household income is higher than the state average.
560.797(2)(a)4.c. c. The percentage of households in the area receiving unemployment insurance under ch. 108, relief funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average.
560.797(2)(a)4.d. d. In the 36 months immediately preceding the date on which the application under sub. (3) was submitted to the department, a number of workers in the area were permanently laid off by their employer or became unemployed as a result of a business action subject to s. 109.07 (1m).
560.797(2)(a)4.e. e. An employer in the vicinity of the area has given public notice under s. 109.07 (1m) (a) of either a business closing or a mass layoff of at least 25 employees, or 25% of the employees, of a business, whichever is greater, that will result in a number of workers in the area being laid off permanently.
560.797(2)(a)4.f. f. Property values in the area have been declining.
560.797(2)(a)4.g. g. There has been a decline in the population in the area.
560.797(2)(b) (b) In making a determination under par. (a), the department shall consider all of the following:
560.797(2)(b)1. 1. The extent of poverty, unemployment or other factors contributing to general economic hardship in the area.
560.797(2)(b)2. 2. The prospects for new investment and economic development in the area.
560.797(2)(b)3. 3. The amount of investment that is likely to result from the project.
560.797(2)(b)4. 4. The number of full-time jobs that are likely to be created as a result of the project.
560.797(2)(b)5. 5. The number of full-time jobs that are likely to be available to the target population as a result of the project.
560.797(2)(b)6. 6. The competitive effect of designating the area as an enterprise development zone on other businesses in the area.
560.797(2)(b)7. 7. The needs of other areas of the state.
560.797(2)(b)8. 8. Any other factors that the department considers relevant.
560.797(2)(bg) (bg) Notwithstanding par. (a) and subject to pars. (c), (d), and (e), the department may designate an area as an enterprise development zone for a project if the department determines all of the following:
560.797(2)(bg)1. 1. That the project serves a public purpose.
560.797(2)(bg)2. 2. That the project is not likely to occur or continue without the department's designation of the area as an enterprise development zone.
560.797(2)(bg)3. 3. That the project will likely provide for significant environmental remediation.
560.797(2)(br) (br) In making a determination under par. (bg), the department shall consider all of the following:
560.797(2)(br)1. 1. The factors specified in par. (b) 1. to 8.
560.797(2)(br)2. 2. The environmental remediation that is likely to result from the project.
560.797(2)(c) (c) The department may not designate as an enterprise development zone, or as any part of an enterprise development zone, an area that is located within the boundaries of an area that is designated as a development opportunity zone under s. 560.795, the designation of which is in effect.
560.797(2)(d) (d) The department may not designate more than 98 enterprise development zones unless the department obtains the approval of the joint committee on finance to do so. Of the enterprise development zones that the department designates, at least 10 shall be designated under par. (bg).
560.797(2)(e) (e) The department may not designate any area as an enterprise development zone on or after March 6, 2009.
560.797(3) (3)Application and project plan.
560.797(3)(a)(a) A person that conducts or that intends to conduct a project and that desires to have the area in which the project is or is to be conducted designated as an enterprise development zone for the purpose of claiming tax benefits may submit to the department an application and a project plan.
560.797(3)(b) (b) A project plan under par. (a) shall include all of the following:
560.797(3)(b)1. 1. The name and address of the person's business for which tax benefits will be claimed.
560.797(3)(b)2. 2. The appropriate Wisconsin tax identification number of the person.
560.797(3)(b)3. 3. The names and addresses of other locations outside of the area proposed to be designated as an enterprise development zone where the person conducts business and a description of the business activities conducted at those locations.
560.797(3)(b)4. 4. The amount that the person proposes to invest in a business; to spend on the construction, rehabilitation, repair or remodeling of a building; or to spend on the removal or containment of, or the restoration of soil or groundwater affected by, environmental pollution; in the area proposed to be designated as an enterprise development zone.
560.797(3)(b)5. 5. The estimated total investment of the person in the enterprise development zone.
560.797(3)(b)6. 6. The estimated number of full-time jobs that will be created, retained or substantially upgraded as a result of the person's project in relation to the amount of tax benefits estimated for the person.
560.797(3)(b)7. 7. The person's plans to make reasonable attempts to hire employees from the target population.
560.797(3)(b)8. 8. The estimated number of full-time jobs that will be filled by members of the target population.
560.797(3)(b)10. 10. The boundaries or legal description of the area proposed to be designated as an enterprise development zone.
560.797(3)(b)11. 11. Any other information required by the department or the department of revenue.
560.797(3)(c) (c) The department may not accept or approve any applications or project plans submitted under par. (a) on or after March 6, 2009.
560.797(4) (4)Designation, certification and additional duties.
560.797(4)(a)(a) Except as provided in par. (h), if the department approves a project plan under sub. (3) and designates the area in which the person submitting the project plan conducts or intends to conduct the project as an enterprise development zone under the criteria under sub. (2), the department shall certify the person as eligible for tax benefits.
560.797(4)(c) (c) When the department designates an area as an enterprise development zone for a project, the department shall notify the governing body of any city, village, town or federally recognized American Indian tribe or band in which the area is located of the area's designation.
560.797(4)(d) (d) The department shall notify the department of revenue of all persons entitled to claim tax benefits under this section, except that the department shall notify the office of the commissioner of insurance of all persons entitled to claim the credit under s. 76.636.
560.797(4)(f) (f) The tax benefits for which a person is certified as eligible under this subsection are not transferable to another person, business or location, except to the extent permitted under section 383 of the internal revenue code.
560.797(4)(g) (g) The department annually shall verify information submitted to the department under s. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), or 76.636.
560.797(4)(h) (h) No person may be certified under this subsection on or after March 6, 2009.
560.797(5) (5)Duration and limits.
560.797(5)(a)(a) When the department designates an area as an enterprise development zone under this section, the department shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to par. (d) and sub. (6).
560.797(5)(b) (b) When the department designates an area as an enterprise development zone under this section, the department shall establish a limit, not to exceed $3,000,000, for tax benefits for the enterprise development zone.
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This is an archival version of the Wis. Stats. database for 2009. See Are the Statutes on this Website Official?