238.345(2)(am)
(am) Notwithstanding par.
(a), the corporation may increase the established limit for tax benefits for a development zone. The corporation may not increase the limit for tax benefits established for any development zone designated under s.
238.31 on or after March 6, 2009.
238.345(2)(b)
(b) Annually the corporation shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each development zone.
238.345(2)(c)
(c) Notwithstanding sub.
(1), the designation of an area as a development zone shall expire on the earlier of the following:
238.345(2)(c)1.
1. Ninety days after the day on which the corporation determines that the forgone tax revenues under par.
(b) will equal or exceed the limit for the development zone established under par.
(a) or
(am).
238.345(2)(c)2.
2. The day that the corporation withdraws its designation of an area as a development zone under sub.
(3).
238.345(2)(d)
(d) The corporation shall immediately notify the local governing body of a change in the expiration date of the development zone under par.
(c).
238.345(3)
(3) The corporation may withdraw the designation of an area as a development zone if any of the following applies:
238.345(3)(a)
(a) No person is certified as eligible to receive tax benefits under s.
238.365 (3) during the 12-month period beginning on the day the area is designated as a development zone and the corporation determines that the local governing body that nominated the zone is not in compliance with s.
238.363.
238.345(3)(b)
(b) No person is certified as eligible to receive tax benefits under s.
238.365 (3) during the 24-month period beginning on the day the area is designated a development zone.
238.35
238.35
Additional duties of the corporation. The corporation shall do all of the following:
238.35(1)
(1) Monitor and evaluate the implementation of the development zone program.
238.35(2)
(2) Apply to the federal government for assistance for the development zone program.
238.35(4)
(4) Help eligible persons apply for and obtain tax benefits.
238.35(5)
(5) Help local governing bodies prepare applications for development zones.
238.35(6)
(6) Notify University of Wisconsin small business development centers, the Wisconsin housing and development centers, the central administration of all University of Wisconsin campuses and regional planning commissions about the development zone program and encourage those entities to provide advice to the corporation or local governing bodies on ways to improve the development zone program.
238.35(10)
(10) Enter into an agreement with the local governing body of a 1st class city where a development zone is designated under s.
238.31 (3) (c) 1. to provide efficient administration of the development zone program within the development zone.
238.363
238.363
Duties of local governing bodies. 238.363(1)(1)
If an area nominated by a local governing body is designated as a development zone under s.
238.31, the local governing body shall do all of the following:
238.363(1)(b)
(b) Promote economic development within the development zone.
238.363(1)(c)
(c) Assist the corporation in the administration of the development zone program.
238.363(4)
(4) The local governing body of a 1st class city where a development zone is designated under s.
238.31 (3) (c) 1. shall enter into an agreement with the corporation to provide efficient administration of the development zone program within the development zone.
238.363 History
History: 1987 a. 328;
1995 a. 209;
2011 a. 32 s.
3428; Stats. s. 238.363.
238.365
238.365
Certification for tax benefits. The corporation shall do all of the following:
238.365(1)
(1) Evaluate the likelihood that a person applying for tax benefits engages or will engage in economic activity consistent with the development zone application.
238.365(2)
(2) Determine whether a person applying for tax benefits engages or will engage in economic activity that violates s.
238.38 (1).
238.365(3)
(3) Subject to s.
238.38, certify persons who are eligible to claim tax benefits while an area is designated as a development zone, according to the following criteria:
238.365(3)(a)
(a) The likelihood that the person will continue to conduct economic activity in the area following expiration of the designation of the area as a development zone.
238.365(3)(bm)
(bm) The person's commitment to use techniques or processes that reduce or eliminate the use of ozone-depleting substances that are listed as class I substances under
42 USC 7671a.
238.365(3)(c)
(c) The number of full-time jobs that will be created, retained, or substantially upgraded as a result of the person's economic activity in relation to the amount of tax benefits estimated for the person under sub.
(4).
238.365(3)(d)
(d) The person's plans to make reasonable attempts to hire employees from the targeted population.
238.365(3)(e)
(e) The amount the person proposes to invest in a business, or spend on the construction, rehabilitation, repair, or remodeling of a building, located within the development zone.
238.365(3)(f)
(f) The likelihood that the person's economic activity will attract other forms of economic activity to the development zone.
238.365(3)(g)
(g) Whether the person's proposed economic activity is consistent with the development zone application.
238.365(3)(h)
(h) The effects of the person's proposed investment on the economic and social well-being of the targeted population.
238.365(3)(j)
(j) Any other criteria established under rules adopted by the corporation.
238.365(4)
(4) Within 3 months after a person is certified under sub.
(3), estimate the amount of tax benefits that the person will claim while an area is designated as a development zone.
238.365(5)
(5) Provide a person certified under sub.
(3) and the department of revenue with a copy of the certification. The certification shall include all of the following:
238.365(5)(b)
(b) The appropriate Wisconsin tax identification number of the person.
238.365(5)(c)
(c) The names and addresses of other locations outside of the development zone where the person conducts business and a description of the business activities conducted at those locations.
238.365(5)(d)
(d) The estimated total investment of the person in the development zone.
238.365(5)(e)
(e) The estimated number of full-time jobs that will be created, retained, or significantly upgraded in the development zone because of the person's business.
238.365(5)(f)
(f) An estimate of the number or percentage of full-time jobs described in par.
(e) that are or will likely be held by members of the targeted population.
238.365(5)(g)
(g) The limit under s.
238.368 on tax benefits the person may claim while an area is designated as a development zone.
238.365(5)(h)
(h) Other information required by the corporation or the department of revenue.
238.365 History
History: 1987 a. 328;
1989 a. 31;
1993 a. 243;
1997 a. 27,
103;
2011 a. 32 s.
3429; Stats. s. 238.365.
238.368
238.368
Limits on tax benefit to certified person. 238.368(1)(a)
(a) The corporation shall establish a limit on the maximum amount of tax benefits a person certified under s.
238.365 (3) may claim while an area is designated as a development zone.
238.368(1)(b)
(b) When establishing a limit on tax benefits under par.
(a), the corporation shall do all of the following:
238.368(1)(b)2.
2. Establish a limit which does not greatly exceed a recommended limit, established under rules adopted by the corporation based on the cost, number and types of full-time jobs that will be created, retained, or upgraded, including full-time jobs available to members of the targeted population, as a result of the economic activity of the person certified under s.
238.365 (3).
238.368(2)
(2) The corporation may, upon request, increase a limit on tax benefits established under sub.
(1) if the corporation does all of the following:
238.368(2)(b)
(b) Revises the certification required under s.
238.365 (5) and provides a copy of the revised form to the department of revenue and the person whose limit is increased under this subsection.
238.368(3)(a)(a) The corporation may reduce a limit established under sub.
(1) or
(2) if the corporation determines that any of the following applies:
238.368(3)(a)2.
2. The information on which the limit is based was inaccurate or significantly misestimated.
238.368(3)(b)
(b) The corporation shall notify the department of revenue and the person whose limit on tax benefits is reduced under par.
(a) and provide a written explanation to the person of the reasons for reducing the limit.
238.368 History
History: 1987 a. 328;
1989 a. 31,
56;
1997 a. 27;
2005 a. 253;
2011 a. 32 s.
3430; Stats. 2011 s. 238.368.
238.37
238.37
Revocation of certification. 238.37(1)(1)
The corporation shall revoke the certification of a person certified under s.
238.365 (3) if the person does any of the following:
238.37(1)(a)
(a) Supplies false or misleading information to obtain certification.
238.37(1)(c)
(c) Leaves the development zone to conduct substantially the same business outside of the development zone.
238.37(1)(d)
(d) Ceases operations in the development zone and does not renew operation of the trade or business or a similar trade or business in the development zone within 12 months.
238.37(2)
(2) The corporation shall notify the department of revenue within 30 days of revoking a certification under sub.
(1).
238.37 History
History: 1987 a. 328;
2011 a. 32 s.
3431; Stats. 2011 s. 238.37.
238.38
238.38
Certification prohibited in certain cases. 238.38(1)(1)
Except as provided in subs.
(2) and
(3), no person may be certified under s.
238.365 (3), or a person's certification may be revoked under s.
238.37, if the proposed new business, expansion of an existing business, or other proposed economic activity in a development zone would do or does any of the following:
238.38(1)(a)
(a) Result in the direct loss of full-time jobs at another of the person's business locations in this state outside of the development zone.
238.38(1)(b)
(b) Likely result in the direct transfer of employees from a business location in this state to a business location in the development zone.
238.38(2)
(2) Subsection
(1) does not apply if, after a hearing, the corporation, or the local governing body under sub.
(3) (a), determines that any of the following applies:
238.38(2)(a)
(a) The total number of full-time jobs provided by the person in this state would be reduced if the person were not certified under s.
238.365 (3) or if the person's certification were revoked.
238.38(3)(a)(a) Except as provided in pars.
(b) and
(c), if the economic activity for which a person is seeking certification under s.
238.365 (3) is the relocation of a business into a development zone from a location that is outside the development zone but within the limits of a city, village, town, or federally recognized American Indian reservation in which that development zone is located, the local governing body that nominated that area as a development zone under s.
238.32 shall determine whether sub.
(2) (a) or
(b) applies.
238.38(3)(b)
(b) Only the corporation may determine whether sub.
(2) (a) or
(b) applies to a business relocation described in par.
(a) if the business relocation would likely result in the loss of full-time jobs at or transfer of employees from a business location that is in this state but outside the limits of any city, village, town, or federally recognized American Indian reservation in which the development zone is located.
238.38(3)(c)
(c) No local governing body may make any determination under this subsection on or after March 6, 2009.
238.385
238.385
Rules on eligibility for tax benefits. 238.385(1)(1)
For the development zone program under ss.
238.30 and
238.31 to
238.38, the development opportunity zone program under s.
238.395, and the enterprise development zone program under s.
238.397, the corporation shall adopt rules that further define a person's eligibility for tax benefits. The rules shall do at least all of the following:
