238.20(1)
(1) The corporation shall implement a program to certify qualified new business ventures for purposes of
s. 71.05 (24). A business desiring certification shall submit an application to the corporation in each taxable year for which the business desires certification. Subject to
sub. (2), a business may be certified under this subsection, and may maintain such certification, only if the business is engaged in one of the following:
238.20(1)(a)
(a) Developing a new product or business process.
238.20(1)(b)
(b) Manufacturing, agriculture, or processing or assembling products and conducting research and development.
238.20(2)
(2) The corporation may not certify a business under
sub. (1) if the business is engaged in real estate development, insurance, banking, lending, lobbying, political consultation, professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, wholesale or retail sales, leisure, hospitality, transportation, or construction.
238.20(3)(a)(a) The corporation shall maintain a list of businesses certified under
sub. (1) and shall permit public access to the lists through the corporation's Internet Web site.
238.20(3)(b)
(b) The corporation shall notify the department of revenue of every certification issued under
sub. (1) and the date on which a certification under
sub. (1) is revoked or expires.
238.20 History
History: 2009 a. 28 s.
3073;
2009 a. 276 s.
83;
2011 a. 32 s.
3371; Stats. 2011 s. 238.20.
238.23
238.23
Technology zones. 238.23(1)(1) In this section, "tax credit" means a credit under
s. 71.07 (2di),
(2dm),
(2dx), or
(3g),
71.28 (1di),
(1dm),
(1dx), or
(3g), or
71.47 (1di),
(1dm),
(1dx), or
(3g).
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(4)(b)
(b) The corporation shall annually verify information submitted to the corporation under
ss. 71.07 (2di),
(2dm),
(2dx), and
(3g),
71.28 (1di),
(1dm),
(1dx), and
(3g), and
71.47 (1di),
(1dm),
(1dx), and
(3g).
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.
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.
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% 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 adopt a rule specifying circumstances under which the corporation may grant exceptions to the requirement under
par. (a) that a full-time job means a job in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, but under no circumstances may a full-time job mean a job in which an individual, as a condition of employment, is required to work less than 37.5 hours per week.
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), or in a real work, real pay project position under
s. 49.147 (3m), 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.
238.30(7)(b)1.1. Except as provided in
subd. 2., in
s. 238.395, "tax benefits" means the development zones investment credit under
ss. 71.07 (2di),
71.28 (1di), and
71.47 (1di) and the development zones credit under
ss. 71.07 (2dx),
71.28 (1dx),
71.47 (1dx), and
76.636. With respect to the development opportunity zones under
s. 238.395 (1) (e) and
(f), "tax benefits" also means the development zones capital investment credit under
ss. 71.07 (2dm),
71.28 (1dm), and
71.47 (1dm).
238.301
238.301
Certification for tax benefits. 238.301(1)
(1)
Application. Any person may apply to the corporation on a form prepared by the corporation for certification under this section. The application shall include all of the following:
238.301(1)(b)
(b) The federal tax identification number of the person.
238.301(1)(c)
(c) The names and addresses of the locations where the person conducts business and a description of the business activities conducted at those locations.
238.301(1)(d)
(d) A description of each eligible activity conducted or proposed to be conducted by the person.
238.301(1)(e)
(e) Other information required by the corporation or the department of revenue.
238.301(2)(a)(a) The corporation may certify a person who submits an application under
sub. (1) if, after conducting an investigation, the corporation determines that the person is conducting or intends to conduct at least one eligible activity.
238.301(2)(b)
(b) The corporation shall provide a person certified under this section and the department of revenue with a copy of the certification.
238.301(3)
(3) Contract. A person certified under this section shall enter into a written contract with the corporation. The contract shall include provisions that detail all of the following:
238.301(3)(a)
(a) A description of each eligible activity being conducted or proposed to be conducted by the person.
238.301(3)(b)
(b) Whether any of the eligible activities will occur in an economically distressed area, as designated by the corporation under
s. 238.304 (1).
238.301(3)(c)
(c) Whether any of the eligible activities will benefit members of a targeted group, as determined by the corporation under
s. 238.304 (2).
238.301(3)(d)
(d) A compliance schedule that includes a sequence of anticipated actions to be taken or goals to be achieved by the person before the person may receive tax benefits under
s. 238.303.
238.301(3)(e)
(e) The reporting requirements with which the person must comply.
