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)(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)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)(b)
(b) "Project" means economic activity in the state.
560.797(2)
(2) Criteria for designation as an enterprise development zone. 560.797(2)(a)(a) Subject to
pars. (c) and
(d), 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)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) 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)(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)8.
8. Any other factors that the department considers relevant.
560.797(2)(bg)
(bg) Notwithstanding
par. (a) and subject to
pars. (c) and
(d), 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)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)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 zone under
s. 560.71, or 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 79 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(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(4)
(4) Designation, certification and additional duties. 560.797(4)(a)(a) Subject to
par. (b), 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)(b)
(b) The department may certify only one person as eligible for tax benefits in an area designated as an enterprise development zone.
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.
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(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.
560.797(5)(c)
(c) Annually, the department shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each enterprise development zone.
560.797(5)(d)1.1. Notwithstanding the length of time specified by the department under
par. (a), the designation of an area as an enterprise development 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 established for the enterprise development zone.
560.797(5)(d)2.
2. The department shall immediately notify the department of revenue and the governing body of any city, village, town or federally recognized American Indian tribe or band in which the enterprise development zone is located of a change in the expiration date of the enterprise development zone under this paragraph.
560.797(6)(a)(a) The department shall revoke the entitlement of a person to claim tax benefits under this section, and the designation of the area as an enterprise development zone shall expire, if the person does any of the following:
560.797(6)(a)1.
1. Supplies false or misleading information to obtain the tax benefits.
560.797(6)(a)2.
2. Leaves the enterprise development zone to conduct substantially the same business outside of the enterprise development zone.
560.797(6)(a)3.
3. Ceases operations in the enterprise development zone and does not renew operation of the trade or business or a similar trade or business in the enterprise development zone within 12 months.
560.797(6)(b)
(b) The department shall notify the department of revenue within 30 days after revoking an entitlement under
par. (a).
560.798
560.798
Agricultural development zone.
