238.16(4)(b)2.
2. The corporation may award to a person certified under sub.
(2) tax benefits in an amount to be determined by the corporation for costs incurred by the person to undertake the training activities described in sub.
(3) (c).
238.16(4)(c)
(c) The corporation may allocate up to $10,000,000 in tax benefits under this section in any calendar year.
238.16(5)(c)
(c) The corporation may require a person to repay any tax benefits the person claims for a year in which the person failed to maintain employment required by an agreement under sub.
(2) (b).
238.16(5)(f)
(f) The corporation shall adopt policies and procedures for the implementation and operation of this section, including policies and procedures relating to the following:
238.16(5)(f)1.
1. The definitions of a tier I county or municipality and a tier II county or municipality. The corporation may consider all of the following information when establishing the definitions required under this subdivision:
238.16(5)(f)1.e.
e. Other significant or irregular indicators of economic distress, such as a natural disaster or mass layoff.
238.16(5)(f)2.
2. A schedule of additional tax benefits for which a person who is certified under sub.
(2) and who incurs costs related to job training under sub.
(3) (c) may be eligible.
238.16(5)(f)5.
5. Determining a change in net employment in a person's business.
238.16(6)
(6) Sunset. No tax benefits may be awarded under this section after December 31, 2015, unless the tax benefits were allocated to a taxpayer by the corporation in a contract that the corporation executed before that date or in a letter of intent to enter into such a contract that the corporation issued before that date.
238.17
238.17
Historic rehabilitation tax credit. 238.17(2)
(2) Beginning July 1, 2018, the corporation may not certify persons to claim more than a total of $3,500,000 in tax credits for all projects undertaken on the same parcel.
238.17(3)(a)(a) Except as provided in par.
(b), the corporation may not certify a person for a tax credit under sub.
(1) if the person is not subject to the taxes imposed under s.
71.02,
71.08,
71.23, or
71.43, except that the corporation may certify a nonprofit entity described under section
501 (c) (3) of the Internal Revenue Code for a tax credit under sub.
(1) if the entity intends to sell or otherwise transfer the credit, as provided under s.
71.07 (9m),
71.28 (6) (h), or
71.47 (6) (h).
238.17(3)(b)
(b) The corporation may certify a nonprofit entity not described under section
501 (c) (3) of the Internal Revenue Code for a tax credit under sub.
(1) by submitting the proposal for the certification to the joint committee on finance for approval. If the cochairpersons of the joint committee on finance do not notify the corporation within 14 working days after the date of the corporation's submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented as proposed by the corporation. If, within 14 working days after the corporation's submittal, the cochairpersons of the joint committee on finance notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented only upon approval of the committee.
238.23
238.23
Technology zones. 238.23(2)(a)(a) Except as provided in par.
(c), the corporation may designate up to 8 areas in the state as technology zones. A business that is located in a technology zone and that is certified by the corporation under sub.
(3) is eligible for a tax credit as provided in sub.
(3).
238.23(2)(b)
(b) The designation of an area as a technology zone shall be in effect for 10 years from the time that the corporation first designates the area. Not more than $5,000,000 in tax credits may be claimed in a technology zone, except that the corporation may allocate the amount of unallocated airport development zone tax credits, as provided under s.
238.3995 (3) (b), to technology zones for which the $5,000,000 maximum allocation is insufficient. The corporation may change the boundaries of a technology zone during the time that its designation is in effect. A change in the boundaries of a technology zone does not affect the duration of the designation of the area or the maximum tax credit amount that may be claimed in the technology zone.
238.23(2)(c)
(c) No area may be designated as a technology zone under this subsection on or after March 6, 2009.
238.23(3)(a)(a) Except as provided in par.
(e), the corporation may certify for tax credits in a technology zone a business that satisfies all of the following requirements:
238.23(3)(b)
(b) In determining whether to certify a business under this subsection, the corporation shall consider all of the following:
238.23(3)(b)2.
2. The extent and nature of the high technology used by the business.
238.23(3)(b)3.
3. The likelihood that the business will attract related enterprises.
238.23(3)(b)4.
4. The amount of capital investment that the business is likely to make in the state.
238.23(3)(c)
(c) When the corporation certifies a business under this subsection, the corporation shall establish a limit on the amount of tax credits that the business may claim. Unless its certification is revoked, and subject to the limit on the tax credit amount established by the corporation under this paragraph, a business that is certified may claim a tax credit for 3 years, except that a business that experiences growth, as determined for that business by the corporation under par.
(d) and sub.
(5) (e), may claim a tax credit for up to 5 years.
238.23(3)(d)
(d) The corporation shall enter into an agreement with a business that is certified under this subsection. The agreement shall specify the limit on the amount of tax credits that the business may claim, the extent and type of growth, which shall be specific to the business, that the business must experience to extend its eligibility for a tax credit, the business' baseline against which that growth will be measured, any other conditions that the business must satisfy to extend its eligibility for a tax credit, and reporting requirements with which the business must comply.
238.23(3)(e)
(e) No business may be certified under this subsection on or after March 6, 2009.
238.23(4)(a)(a) The corporation shall notify the department of revenue of all the following:
238.23(4)(a)2.
2. A business's certification and the limit on the amount of tax credits that the business may claim.
238.23(4)(a)3.
3. The extension or revocation of a business's certification.
238.23(5)
(5) The corporation shall adopt rules for the operation of this section, including rules related to all the following:
238.23(5)(a)
(a) Criteria for designating an area as a technology zone.
238.23(5)(b)
(b) A business's eligibility for certification, including definitions for all of the following:
238.23(5)(d)
(d) Standards for establishing the limit on the amount of tax credits that a business may claim.
238.23(5)(e)
(e) Standards for extending a business's certification, including what measures, in addition to job creation, the corporation will use to determine the growth of a specific business and how the corporation will establish baselines against which to measure growth.
238.23(5)(f)
(f) Reporting requirements for certified businesses.
238.23(5)(g)
(g) The exchange of information between the corporation and the department of revenue.
238.23(5)(h)
(h) Reasons for revoking a business's certification.
238.23(5)(i)
(i) Standards for changing the boundaries of a technology zone.
238.23 History
History: 2001 a. 16,
104;
2007 a. 183;
2009 a. 2;
2011 a. 32 s.
3448; Stats. 2011 s. 238.23;
2015 a. 55.
238.25
238.25
Assistance to loan recipients. The corporation shall assist new businesses and small businesses receiving the assistance of the Wisconsin Housing and Economic Development Authority in locating sources of venture capital and in obtaining the state and federal licenses and permits necessary for business operations.
238.25 History
History: 2011 a. 32 s.
3305; Stats. 2011 s. 238.25;
2011 a. 214.
238.26
238.26
Report to investment board. No later than September 30 of each even-numbered year, the corporation shall submit to the investment board a report describing the types of investments in businesses in this state that will have the greatest likelihood of enhancing economic development in this state.
238.26 History
History: 2011 a. 32 s.
3329.
238.28
238.28
Refundable tax credits. It is the intent of the legislature that all credits awarded under ss.
238.16,
238.308,
238.396, and
238.399 become a permanent part of the working capital structure of businesses claiming the credits.
238.28 History
History: 2017 a. 59.
TAX INCENTIVES FOR BUSINESS DEVELOPMENT
238.30(2)
(2) “Development zone program" means the program administered under this subchapter.
238.30(2m)(a)(a) Except as provided in par.
(b), “full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150 percent of the federal minimum wage and benefits that are not required by federal or state law. “Full-time job" does not include initial training before an employment position begins.
238.30(2m)(b)
(b) The corporation may grant exceptions to the requirement under par.
(a) that a full-time job means a position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year if all of the following apply:
238.30(2m)(b)1.
1. The annual pay for the position is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.
238.30(2m)(b)2.
2. An individual in the position is offered retirement, health, and other benefits that are equivalent to the retirement, health, and other benefits offered to an individual who is required to work at least 2,080 hours per year.
238.30(4)
(4) “Local governing body" means the governing body of one or more cities, villages, towns, or counties or the elected governing body of a federally recognized American Indian tribe or band in this state.
238.30(4m)
(4m) “Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s.
49.145 (2) and
(3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s.
49.141 (1) (n), 2011 stats., or in a trial employment match program job, as defined in s.
49.141 (1) (n), a person who is eligible for child care assistance under s.
49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a dislocated worker, as defined in
29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under
26 USC 51 (d) (13) (A) by a designated local agency, as defined in
26 USC 51 (d) (12).
238.30(5)
(5) “Metropolitan statistical area" means a federal standard metropolitan statistical area but does not include areas located within Indian reservations.
