560.799(5)(c)2.b.
b. The business enters into an agreement with the department to claim tax benefits only for years during which the business maintains the capital investment.
560.799(5)(c)2.c.
c. The business offers compensation and benefits for the same type of work to its employees working in the 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.
560.799(6)(a)(a) The department of commerce shall notify the department of revenue when the department of commerce certifies a business to receive tax benefits.
560.799(6)(b)
(b) The department shall revoke a certification under
sub. (5) if the business does any of the following:
560.799(6)(b)1.
1. Supplies false or misleading information to obtain tax benefits.
560.799(6)(b)2.
2. Leaves the enterprise zone to conduct substantially the same business outside of the enterprise zone.
560.799(6)(b)3.
3. Ceases operations in the enterprise zone and does not renew operation of the business or a similar business in the enterprise zone within 12 months.
560.799(6)(c)
(c) The department of commerce shall notify the department of revenue within 30 days of a revocation under
par. (b).
560.799(6)(d)
(d) The department may require a business to repay any tax benefits the business claims for a year in which the business failed to maintain employment or capital investment levels required by an agreement under
sub. (5) (c).
560.799 History
History: 2005 a. 361.
560.7995
560.7995
Airport development zones. 560.7995(1)(a)
(a) "Airport development project" means a business that locates or expands in an area designated as an airport development zone in this state.
560.7995(2)
(2) Designation of an airport development zone. 560.7995(2)(a)(a) Subject to
par. (c), the department may designate an area as an airport development zone if the department determines all of the following:
560.7995(2)(a)1.
1. That an airport development project is desired for the area, as evidenced by a resolution of the governing body of each county, city, village, and town in which territory of the airport development zone will be located.
560.7995(2)(a)2.
2. That the airport development project serves a public purpose.
560.7995(2)(a)3.
3. That the airport development project will likely retain or increase employment in the state.
560.7995(2)(a)4.
4. That the airport development project is not likely to occur or continue without the department's designation of the area as an airport development zone.
560.7995(2)(a)5.
5. That the airport development project will likely positively affect the area.
560.7995(2)(a)6.
6. That an airport is located in the area designated as an airport development zone, that the airport has at least 2 runways at the time of the designation, and that the airport's primary runway is at least 5,000 feet in length and its secondary runway is at least 3,000 feet in length.
560.7995(2)(b)
(b) In making a determination under
par. (a), the department shall consider all of the following:
560.7995(2)(b)1.
1. The extent of poverty, unemployment, or other factors contributing to general economic hardship in the area.
560.7995(2)(b)2.
2. The prospects for new investment and economic development in the area.
560.7995(2)(b)3.
3. The amount of investment that is likely to result from the airport development project.
560.7995(2)(b)4.
4. The number of full-time jobs that are likely to be created as a result of the airport development project.
560.7995(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.
560.7995(2)(b)6.
6. The competitive effect of designating the area as an airport development zone on other businesses in the area.
560.7995(2)(c)1.1. The department may not designate as an airport development zone, or as any part of an airport development zone, an area that is located within the boundaries of an area that is designated as a development zone under
s. 560.71, as a development opportunity zone under
s. 560.795, or as an enterprise development zone under
s. 560.797.
560.7995(2)(c)2.
2. The department shall give the department of transportation the opportunity to review and comment on any proposed designation under this subsection and the department of transportation may deny any such designation if the department of transportation determines that the designation would compromise the airport's safety or utility. The department of transportation may also review and comment on any land use or compatibility issues related to any proposed designation under this subsection.
560.7995(2)(c)3.
3. A proposed designation under this subsection shall comply with all relevant local ordinances.
560.7995(3)
(3) Duration of designation; limits on tax benefits. 560.7995(3)(a)(a) When the department designates an area as an airport development zone, the department shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to
par. (d). The department shall notify each person certified for tax benefits in an airport development zone, the department of revenue, the department of transportation, the Wisconsin Housing and Economic Development Authority, and the governing body of each county, city, village, town, and federally recognized American Indian tribe or band in which territory of the airport development zone is located of the designation of and expiration date of the airport development zone.
560.7995(3)(b)
(b) When the department designates an area as an airport development zone, the department shall establish a limit, not to exceed $3,000,000, for tax benefits applicable to the airport development zone. The total tax benefits applicable to all airport development zones may not exceed $9,000,000. The department may, after 48 months from the month of any designation under this section, evaluate the area designated as an airport development zone and reallocate the amount of available tax benefits.
560.7995(3)(c)
(c) Annually, the department shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each airport development zone.
560.7995(3)(d)1.1. Notwithstanding the length of time specified by the department under
par. (a), the designation of an area as an airport development zone shall expire 90 days after the day on which the department determines that the forgone tax revenues estimated under
par. (c) will equal or exceed the limit established for the airport development zone.
560.7995(3)(d)2.
2. The department shall immediately notify each person certified for tax benefits in an airport development zone, the department of revenue, the department of transportation, the Wisconsin Housing and Economic Development Authority, and the governing body of each county, city, village, town, and federally recognized American Indian tribe or band in which territory of the airport development zone is located of a change in the expiration date of the airport development zone under this paragraph.
560.7995(4)(a)(a) A person that intends to operate a place of business in an airport development zone may submit to the department an application and a business plan. The business plan shall include all of the following:
560.7995(4)(a)1.
1. The name and address of the person's business for which tax benefits will be claimed.
560.7995(4)(a)2.
2. The appropriate Wisconsin tax identification number of the person.
560.7995(4)(a)3.
3. The names and addresses of other locations outside of the airport development zone where the person conducts business and a description of the business activities conducted at those locations.
560.7995(4)(a)4.
4. The amount that the person proposes to invest in the place of business or to spend on the construction, rehabilitation, repair, or remodeling of a building in the airport development zone.
560.7995(4)(a)5.
5. The estimated total investment of the person in the airport development zone.
560.7995(4)(a)6.
6. The estimated number of full-time jobs that will be created, retained, or substantially upgraded as a result of the person's place of business in the airport development zone in relation to the amount of tax benefits estimated for the person.
560.7995(4)(a)7.
7. The person's plans to make reasonable attempts to hire employees from the target population.
560.7995(4)(a)8.
8. The estimated number of full-time jobs that will be filled by members of the target population.
560.7995(4)(a)10.
10. Any other information required by the department or the department of revenue.
560.7995(4)(b)
(b) If the department approves a business plan under
par. (a), the department shall certify the person as eligible for tax benefits. The department shall notify the department of revenue within 30 days of certifying a person under this paragraph.
560.7995(4)(c)
(c) The department shall revoke a person's certification under
par. (b) when the designation of the applicable airport development zone expires or if the person does any of the following:
560.7995(4)(c)1.
1. Supplies false or misleading information to obtain the tax benefits.
560.7995(4)(c)2.
2. Leaves the airport development zone to conduct substantially the same business outside of the airport development zone.
560.7995(4)(c)3.
3. Ceases operations in the airport development zone and does not renew operation of the business or a similar business in the airport development zone within 12 months.
560.7995(4)(d)
(d) The department shall notify the department of revenue within 30 days after revoking a certification under
par. (c).
560.7995(4)(e)
(e) The tax benefits for which a person is certified as eligible under
par. (b) are not transferable to another person, business, or location, except to the extent permitted under section
383 of the Internal Revenue Code.
560.7995 Note
NOTE: This section was created as s. 560.799 by
2005 Wis. Act 487 and renumbered by the revisor under s. 13.93 (1) (b).
560.7995 History
History: 2005 a. 487; s. 13.93 (1) (b).
MINORITY BUSINESS EARLY PLANNING AND DEVELOPMENT PROJECTS
Subch. VII of ch. 560 Note
NOTE: 1989 Wis. Act 31, s.
3015 (1), contains legislative intent regarding subch. VII, which was created by Act 31.
Subch. VII of ch. 560 Cross-reference
Cross Reference: See also s.
Comm 114.01, Wis. adm. code.
560.80
560.80
Definitions. In this subchapter:
560.80(1)
(1) "Board" means the minority business development board.
560.80(2)
(2) "Development project" means the start-up of a business, or the expansion or acquisition of an existing business, that is or will be a minority business or the promotion of economic development and employment opportunities for minority group members or minority businesses.
560.80(3)
(3) "Early planning project" means the preliminary stages of considering and planning the start-up or expansion of a business that will be a minority business.
560.80(3m)
(3m) "Education and training project" means a business education and training program for minority group members and minority businesses that have received loans for working capital from an eligible recipient under
s. 560.837 (1) (b).
560.80(4)
(4) "Eligible development project costs" means costs that, in accordance with sound business and financial practices, are appropriately incurred in connection with a development project, but does not include entertainment expenses or expenses incurred more than 6 months before the board approves a grant or loan under
s. 560.83.
560.80(5m)
(5m) "Finance project" means financial assistance to a minority group member or a minority business described in
s. 560.837.
560.80(6)
(6) "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. "Job" does not include initial training before an employment position begins.
560.80(7)
(7) "Local development corporation" means any of the following:
560.80(7)(a)
(a) The elected governing body of a federally recognized American Indian tribe or band in this state or any business created by the elected governing body.
560.80(7)(b)
(b) A corporation organized under
ch. 181 that is a nonprofit corporation as defined in
s. 181.0103 (17), that is at least 51% controlled and actively managed by minority group members and that does all of the following:
560.80(7)(b)1.
1. Operates primarily within specific geographic boundaries.
560.80(7)(b)2.
2. Promotes economic development and employment opportunities for minority group members or minority businesses within the specific geographic area.
560.80(7)(b)3.
3. Demonstrates a commitment to or experience in promoting economic development and employment opportunities for minority group members or minority businesses.
560.80(8)
(8) "Minority business" means a minority business, as defined in
s. 560.036 (1) (e), that has its principal place of business in this state.
560.80(10)
(10) "New minority business" means a minority business started as a result of an early planning project.
560.80(11)
(11) "Project" means a development project, an early planning project, a finance project, an education and training project or a revolving fund project.
