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 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(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) 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(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. 560.798(1)
(1) In this section, "rural municipality" means any of the following:
560.798(1)(a)
(a) A city, town, or village that is located in a county with a population density of less than 150 persons per square mile.
560.798(1)(b)
(b) A city, town, or village with a population of 6,000 or less.
560.798(2)(a)(a) The department may designate one area in the state as an agricultural development zone. The area must be located in a rural municipality. An agricultural business that is located in an agricultural development zone and that is certified by the department under
sub. (3) is eligible for tax benefits as provided in
sub. (3).
560.798(2)(b)
(b) The designation of an area as an agricultural development zone shall be in effect for 10 years from the time that the department first designates the area. However, not more than $5,000,000 in tax benefits may be claimed in an agricultural development zone. The department may change the boundaries of an agricultural development zone during the time that its designation is in effect. A change in the boundaries of an agricultural development zone does not affect the duration of the designation of the area or the maximum tax benefit amount that may be claimed in the agricultural development zone.
560.798(3)(a)(a) The department may certify for tax benefits in an agricultural development zone a new or expanding agricultural business that is located in the agricultural development zone. In determining whether to certify a business under this subsection, the department shall consider, among other things, the number of jobs that will be created or retained by the business.
560.798(3)(b)
(b) When the department certifies an agricultural business under this subsection, the department shall establish a limit on the amount of tax benefits that the business may claim. The department shall enter into an agreement with the business that specifies the limit on the amount of tax benefits that the business may claim and reporting requirements with which the business must comply.
560.798(4)(a)(a) The department of commerce shall notify the department of revenue of all the following:
560.798(4)(a)2.
2. A business's certification and the limit on the amount of tax benefits that the business may claim.
560.798(5)
(5) The department shall promulgate rules for the operation of this section, including rules related to all the following:
560.798(5)(a)
(a) Criteria for designating an area as an agricultural development zone.
560.798(5)(b)
(b) Criteria for certifying a business for tax benefits.
560.798(5)(c)
(c) Standards for establishing the limit on the amount of tax benefits that a business may claim.
560.798(5)(d)
(d) Reporting requirements for certified businesses.
560.798(5)(e)
(e) The exchange of information between the department of commerce and the department of revenue.
560.798(5)(f)
(f) Reasons for revoking a business's certification.
560.798(5)(g)
(g) Standards for changing the boundaries of an agricultural development zone.
560.798 History
History: 2001 a. 16,
104;
2005 a. 259.
560.798 Cross-reference
Cross Reference: See also ch.
Comm 118, Wis. adm. code.
560.799(1)(bm)2.
2. Individuals who provide services to a business as independent contractors in this state.
560.799(3)
(3) Designation of enterprise zones; criteria. 560.799(3)(a)(a) The department may designate not more than 10 enterprise zones. The department may designate an area as a enterprise zone if the area does not exceed 50 acres.
560.799(3)(b)
(b) In determining whether to designate an area under
par. (a), the department shall consider all of the following: Indicators of the area's economic need, which may include data regarding household income, average wages, the condition of property, housing values, population decline, job losses, infrastructure and energy support, the rate of business development, the existing resources available to the area; the effect of designation on other initiatives and programs to promote economic and community development in the area, including job creation and job training and creating high-paying jobs.
560.799(3)(c)
(c) The department shall, to the extent possible, give preference to the greatest economic need.
560.799(4)
(4) Time limits; reporting. A designation under
sub. (3) may remain in effect for no more than 12 years.
560.799(5)
(5) Certification. The department may certify for tax benefits any of the following:
560.799(5)(a)
(a) A business that begins operations in a enterprise zone.
560.799(5)(b)
(b) A business that relocates to a enterprise zone from outside this state, if the business offers compensation and benefits to its employees working in the zone for the same type of work that are at least as favorable as those offered to its employees working outside the zone, as determined by the department.
560.799(5)(c)
(c) A business that expands operations in a enterprise zone, but only if any of the following apply:
560.799(5)(c)1.
1. The business will increase its personnel by at least 10 percent and all of the following apply:
560.799(5)(c)1.a.
a. The business enters into an agreement with the department to claim tax benefits only for years during which the business maintains the increased level of personnel.
560.799(5)(c)1.b.
b. The business offers compensation and benefits for the same type of work to its employees working in the enterprise zone that are at least as favorable as those offered to its employees working in this state but outside the zone, as determined by the department.
