560.74(3)(b)
(b) Notify the local governing body which submitted the application of the change in the boundary or tax benefits limit of the development zone.
560.74(4)
(4) The change in the boundaries or tax benefits limit of a development zone shall be effective on the day the department notifies the local governing body under
sub. (3) (b).
560.74(5)
(5) No change in the boundaries of a development zone may affect the duration of an area as a development zone under
s. 560.745 (1) (a). The department may consider a change in the boundary of a development zone when evaluating an application for an extension of the designation of an area as a development zone under
s. 560.745 (1) (b).
560.74 History
History: 1987 a. 328;
1995 a. 209.
560.745
560.745
Duration, renewal and expiration. 560.745(1)(a)(a) The designation of an area as a development zone shall be effective for 84 months, beginning on the day the department notifies the local governing body under
s. 560.73 (3) of the designation.
560.745(1)(b)
(b) The local governing body may apply to the department for up to 3 12-month extensions of the designation. The department shall promulgate rules establishing criteria for approving an extension of a designation of an area as a development zone under this subsection.
560.745(2)(a)(a) When the department designates a development zone under
s. 560.71, it shall establish a limit for tax benefits for the development zone determined by allocating to the development zone a portion of $28,155,000.
560.745(2)(am)
(am) Notwithstanding
par. (a), the department may increase the established limit for tax benefits for a development zone that was designated before April 25, 1996, by no more than $500,000.
560.745(2)(b)
(b) Annually the department shall estimate the amount of foregone state revenue because of tax benefits claimed by persons in each development zone.
560.745(2)(c)
(c) Notwithstanding
sub. (1), the designation of an area as a development zone shall expire on the earlier of the following:
560.745(2)(c)1.
1. Ninety days after the day on which the department determines that the foregone tax revenues under
par. (b) will equal or exceed the limit for the development zone established under
par. (a).
560.745(2)(c)2.
2. The day that the department withdraws its designation of an area as a development zone under
sub. (3).
560.745(2)(d)
(d) The department shall immediately notify the local governing body of a change in the expiration date of the development zone under
par. (c).
560.745(3)
(3) The department may withdraw the designation of an area as a development zone if any of the following apply:
560.745(3)(a)
(a) No person is certified as eligible to receive tax benefits under
s. 560.765 (3) during the 12-month period beginning on the day the area is designated as a development zone and the department determines that the local governing body that nominated the zone is not following the development zone plan submitted under
s. 560.73.
560.745(3)(b)
(b) No person is certified as eligible to receive tax benefits under
s. 560.765 (3) during the 24-month period beginning on the day the area is designated a development zone.
560.75
560.75
Additional duties of the department. The department shall do all of the following:
560.75(1)
(1) Monitor and evaluate the implementation of the development zone program.
560.75(2)
(2) Apply to the federal government for assistance for the development zone program.
560.75(4)
(4) Help eligible persons apply for and obtain tax benefits.
560.75(5)
(5) Help local governing bodies prepare applications for development zones and development zone plans.
560.75(6)
(6) Notify university of Wisconsin small business development centers, the Wisconsin housing and development centers, the central administration of all university of Wisconsin campuses and regional planning commissions about the development zone program and encourage those entities to provide advice to the department or local governing bodies on ways to improve the development zone program.
560.75(9)(a)(a) Except as provided in
par. (b), ensure that at all times in each development zone at least 50% of the tax benefits in the development zone is used for development zones jobs credits under
ss. 71.07 (2dj),
71.28 (1dj) and
71.47 (1dj).
560.75(9)(b)
(b) With respect to a development zone located in a 1st class city, ensure that at all times in the development zone at least 65% of the tax benefits in the development zone is used for development zones jobs credits under
ss. 71.07 (2dj),
71.28 (1dj) and
71.47 (1dj).
560.75(10)
(10) Enter into an agreement with the local governing body of a 1st class city where a development zone is designated under
s. 560.71 (3) (c) 1. to provide efficient administration of the development zone program within the development zone.
560.75(11)
(11) For the purposes of
s. 49.193 (5), notify the department of industry, labor and job development when a development zone has been established and of which local governing body helps administer the development zone.
560.763
560.763
Duties of local governing bodies. 560.763(1)
(1) If an area nominated by a local governing body is designated as a development zone under
s. 560.71, the local governing body shall do all of the following:
560.763(1)(b)
(b) Promote economic development within the development zone.
560.763(1)(c)
(c) Assist the department in the administration of the development zone program.
560.763(4)
(4) The local governing body of a 1st class city where a development zone is designated under
s. 560.71 (3) (c) 1. shall enter into an agreement with the department to provide efficient administration of the development zone program within the development zone.
560.763 History
History: 1987 a. 328;
1995 a. 209.
560.765
560.765
Certification for tax benefits. The department shall do all of the following:
560.765(1)
(1) Evaluate the likelihood that a person applying for tax benefits engages or will engage in economic activity consistent with the development zone plan.
560.765(2)
(2) Determine whether a person applying for tax benefits engages or will engage in economic activity which violates
s. 560.78 (1).
560.765(3)
(3) Subject to
s. 560.78, certify persons who are eligible to claim tax benefits while an area is designated as a development zone, according to the following criteria:
560.765(3)(a)
(a) The likelihood that the person will continue to conduct economic activity in the area following expiration of the designation of the area as a development zone.
560.765(3)(bm)
(bm) The person's commitment to use techniques or processes that reduce or eliminate the use of ozone-depleting substances that are listed as class I substances under
42 USC 7671a.
560.765(3)(c)
(c) The number of jobs that will be created, retained or substantially upgraded as a result of the person's economic activity in relation to the amount of tax benefits estimated for the person under
sub. (4).
560.765(3)(d)
(d) The person's plans to make reasonable attempts to hire employes from the targeted population.
560.765(3)(e)
(e) The amount the person proposes to invest in a business, or spend on the construction, rehabilitation, repair or remodeling of a building, located within the development zone.
560.765(3)(f)
(f) The likelihood that the person's economic activity will attract other forms of economic activity to the development zone.
560.765(3)(g)
(g) Whether the person's proposed economic activity is consistent with the development zone plan.
560.765(3)(h)
(h) The effects of the person's proposed investment on the economic and social well-being of the targeted population.
560.765(3)(i)
(i) The likelihood that tax benefits claimed by the person will enable the department to meet the requirements of
s. 560.75 (9).
560.765(3)(j)
(j) Any other criteria established under rules promulgated by the department.
560.765(4)
(4) Within 3 months after a person is certified under
sub. (3), estimate the amount of tax benefits that the person will claim while an area is designated as a development zone.
560.765(5)
(5) Provide a person certified under
sub. (3) and the department of revenue with a copy of the certification. The certification shall include all of the following:
560.765(5)(b)
(b) The appropriate Wisconsin tax identification number of the person.
560.765(5)(c)
(c) The names and addresses of other locations outside of the development zone where the person conducts business and a description of the business activities conducted at those locations.
560.765(5)(d)
(d) The estimated total investment of the person in the development zone.
560.765(5)(e)
(e) The estimated number of jobs that will be created, retained or significantly upgraded in the development zone because of the person's business.
560.765(5)(f)
(f) An estimate of the number or percentage of jobs described in
par. (e) that are or will likely be held by members of the targeted population.
560.765(5)(g)
(g) The limit under
s. 560.768 on tax benefits the person may claim while an area is designated as a development zone.
560.765(5)(h)
(h) Other information required by the department or the department of revenue.
560.768
560.768
Limits on tax benefit to certified person. 560.768(1)(a)(a) The department shall establish a limit on the maximum amount of tax benefits a person certified under
s. 560.765 (3) may claim while an area is designated as a development zone. The limit may specify a minimum amount of the total tax benefits that may be used exclusively for the credits under
ss. 71.07 (2dj),
71.28 (1dj) and
71.47 (1dj), subject to
s. 560.75 (9).
560.768(1)(b)
(b) When establishing a limit on tax benefits under
par. (a), the department shall do all of the following:
560.768(1)(b)2.
2. Establish a limit which does not greatly exceed a recommended limit, established under rules promulgated by the department based on the cost, number and types of jobs that will be created, retained or upgraded, including jobs available to members of the targeted population, as a result of the economic activity of the person certified under
s. 560.765 (3).
560.768(2)
(2) The department may, upon request, increase a limit on tax benefits established under
sub. (1) if the department does all of the following:
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)(a)(a) The department may reduce a limit established under
sub. (1) or
(2) if the department determines that any of the following apply:
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.
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)(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).
