238.395(3)(b)8.
8. A description of the commitment of the local governing body of the city in which the development opportunity zone is located to the person's project.
238.395(3)(b)9.
9. Other information required by the corporation or the department of revenue.
238.395(3)(c)
(c) The corporation shall notify the department of revenue of all persons entitled to claim tax benefits under this subsection.
238.395(4)(a)(a) The corporation shall revoke the entitlement of a person to claim tax benefits under
sub. (3) if the person does any of the following:
238.395(4)(a)1.
1. Supplies false or misleading information to obtain the tax benefits.
238.395(4)(a)2.
2. Leaves the development opportunity zone to conduct substantially the same business outside of the development opportunity zone.
238.395(4)(a)3.
3. Ceases operations in the development opportunity zone and does not renew operation of the trade or business or a similar trade or business in the development opportunity zone within 12 months.
238.395(4)(b)
(b) The corporation shall notify the department of revenue within 30 days after revoking an entitlement under
par. (a).
238.395(5)
(5) Certification based on the activity of another. 238.395(5)(a)(a) The corporation 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:
238.395(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).
238.395(5)(a)2.
2. The corporation 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.
238.395(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 corporation.
238.395(5)(a)4.
4. The other person conducting the economic activity under
subd. 1. does not claim tax benefits under
sub. (3).
238.395(5)(b)
(b) A person intending to claim tax benefits under this subsection shall submit to the corporation an application, in the form required by the corporation, containing information required by the corporation and by the department of revenue.
238.395(5)(c)
(c) The corporation shall notify the department of revenue of all persons certified to claim tax benefits under this subsection.
238.395(5)(e)
(e) The corporation shall revoke the entitlement of a person to claim tax benefits under this subsection if the person does any of the following:
238.395(5)(e)1.
1. Supplies false or misleading information to obtain the tax benefits.
238.395(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 corporation.
238.395(5)(f)
(f) The corporation shall notify the department of revenue within 30 days after revoking an entitlement under
par. (e).
238.397
238.397
Enterprise development zone program. 238.397(1)(b)
(b) "Project" means economic activity in the state.
238.397(2)
(2) Criteria for designation as an enterprise development zone. 238.397(2)(a)(a) Subject to
pars. (c),
(d), and
(e), the corporation may designate an area as an enterprise development zone for a project if the corporation determines all of the following:
238.397(2)(a)2.
2. That the project will likely retain or increase employment in the state.
238.397(2)(a)3.
3. That the project is not likely to occur or continue without the corporation's designation of the area as an enterprise development zone.
238.397(2)(a)4.
4. That the project will likely positively affect an area that meets at least 3 of the following criteria:
238.397(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 corporation.
238.397(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.
238.397(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.
238.397(2)(a)4.d.
d. In the 36 months immediately preceding the date on which the application under
sub. (3) was submitted to the corporation, 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).
238.397(2)(a)4.e.
e. An employer in the vicinity of the area has given public notice under
s. 109.07 (1m) (a) 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.
238.397(2)(b)
(b) In making a determination under
par. (a), the corporation shall consider all of the following:
238.397(2)(b)1.
1. The extent of poverty, unemployment, or other factors contributing to general economic hardship in the area.
238.397(2)(b)2.
2. The prospects for new investment and economic development in the area.
238.397(2)(b)3.
3. The amount of investment that is likely to result from the project.
238.397(2)(b)4.
4. The number of full-time jobs that are likely to be created as a result of the project.
238.397(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.
238.397(2)(b)6.
6. The competitive effect of designating the area as an enterprise development zone on other businesses in the area.
238.397(2)(b)8.
8. Any other factors that the corporation considers relevant.
238.397(2)(bg)
(bg) Notwithstanding
par. (a) and subject to
pars. (c),
(d), and
(e), the corporation may designate an area as an enterprise development zone for a project if the corporation determines all of the following:
238.397(2)(bg)2.
2. That the project is not likely to occur or continue without the corporation's designation of the area as an enterprise development zone.
238.397(2)(bg)3.
3. That the project will likely provide for significant environmental remediation.
238.397(2)(br)
(br) In making a determination under
par. (bg), the corporation shall consider all of the following:
238.397(2)(br)2.
2. The environmental remediation that is likely to result from the project.
238.397(2)(c)
(c) The corporation 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. 238.395, the designation of which is in effect.
238.397(2)(d)
(d) The corporation may not designate more than 98 enterprise development zones unless the corporation obtains the approval of the joint committee on finance to do so. Of the enterprise development zones that the corporation designates, at least 10 shall be designated under
par. (bg).
238.397(2)(e)
(e) The corporation may not designate any area as an enterprise development zone on or after March 6, 2009.
238.397(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 corporation an application and a project plan.
238.397(3)(b)
(b) A project plan under
par. (a) shall include all of the following:
238.397(3)(b)1.
1. The name and address of the person's business for which tax benefits will be claimed.
238.397(3)(b)2.
2. The appropriate Wisconsin tax identification number of the person.
238.397(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.
238.397(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.
238.397(3)(b)5.
5. The estimated total investment of the person in the enterprise development zone.
238.397(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.
238.397(3)(b)7.
7. The person's plans to make reasonable attempts to hire employees from the target population.
238.397(3)(b)8.
8. The estimated number of full-time jobs that will be filled by members of the target population.
238.397(3)(b)10.
10. The boundaries or legal description of the area proposed to be designated as an enterprise development zone.
238.397(3)(b)11.
11. Any other information required by the corporation or the department of revenue.
238.397(3)(c)
(c) The corporation may not accept or approve any applications or project plans submitted under
par. (a) on or after March 6, 2009.
238.397(4)
(4) Designation, certification and additional duties. 238.397(4)(a)(a) Except as provided in
par. (h), if the corporation 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 corporation shall certify the person as eligible for tax benefits.
238.397(4)(c)
(c) When the corporation designates an area as an enterprise development zone for a project, the corporation 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.
238.397(4)(d)
(d) The corporation shall notify the department of revenue of all persons entitled to claim tax benefits under this section, except that the corporation shall notify the office of the commissioner of insurance of all persons entitled to claim the credit under
s. 76.636.
238.397(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.
238.397(4)(h)
(h) No person may be certified under this subsection on or after March 6, 2009.
238.397(5)(a)(a) When the corporation designates an area as an enterprise development zone under this section, the corporation shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to
par. (d) and
sub. (6).
238.397(5)(b)
(b) When the corporation designates an area as an enterprise development zone under this section, the corporation shall establish a limit, not to exceed $3,000,000, for tax benefits for the enterprise development zone.
