238.399(4)(a)(a) A designation under sub.
(3) may remain in effect for no more than 12 years.
238.399(4)(b)
(b) If an enterprise zone designation expires under par.
(a), the corporation may designate a new enterprise zone subject to the limits of sub.
(3).
238.399(5)
(5)
Certification. The corporation may certify for tax benefits any of the following:
238.399(5)(a)
(a) A business that begins operations in an enterprise zone.
238.399(5)(b)
(b) A business that relocates to an 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 corporation.
238.399(5)(c)
(c) A business that expands operations in an enterprise zone, but only if any of the following apply:
238.399(5)(c)1.
1. The business will increase its personnel by at least 10 percent and all of the following apply:
238.399(5)(c)1.a.
a. The business enters into an agreement with the corporation to claim tax benefits only for years during which the business maintains the increased level of personnel.
238.399(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 corporation.
238.399(5)(c)2.
2. The business makes a significant capital investment in property located in the enterprise zone and all of the following apply:
238.399(5)(c)2.b.
b. The business enters into an agreement with the corporation to claim tax benefits only for years during which the business maintains the capital investment.
238.399(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 corporation.
238.399(5)(d)
(d) A business that retains jobs in an enterprise zone, but only if the business makes a significant capital investment in property located in the enterprise zone and, unless the property is located in an enterprise zone designated under sub.
(3) (d), at least one of the following applies:
238.399(5)(d)1.
1. The business is a manufacturer with a significant supply chain in the state, as determined by the corporation.
238.399(5)(d)2.
2. More than 500 full-time employees are employed by the business in the enterprise zone.
238.399(5)(e)
(e) A business located in an enterprise zone if the business purchases tangible personal property, items, property, or goods under s.
77.52 (1) (b),
(c), or
(d), or services from Wisconsin vendors, as determined by the corporation.
238.399(5)(f)
(f) No more than one financial services technology business that, after completing a competitive corporate relocation process, retains its corporate headquarters in this state and retains at least 93 percent of its full-time employees in this state who were identified as being full-time employees of the business in the base year, as determined by the corporation.
238.399(5m)
(5m)
Additional tax benefits for significant capital expenditures. If the corporation determines that a business certified under sub.
(5) makes a significant capital expenditure in the enterprise zone, the corporation may certify the business to receive additional tax benefits in an amount to be determined by the corporation, but not exceeding 10 percent of the business' capital expenditures. The corporation shall, in a manner determined by the corporation, allocate the tax benefits a business is certified to receive under this subsection over the remainder of the time limit of the enterprise zone under sub.
(4) (a).
238.399(6)(b)(b) The corporation shall revoke a certification under sub.
(5) if the business does any of the following:
238.399(6)(b)1.
1. Supplies false or misleading information to obtain tax benefits.
238.399(6)(b)2.
2. Leaves the enterprise zone to conduct substantially the same business outside of the enterprise zone.
238.399(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.
238.399(6)(d)
(d) The corporation may require a business to repay any tax benefits the business claims for a year in which the business failed to maintain employment levels or a significant capital investment in property required by an agreement under sub.
(5) (c).
238.399(6)(e)
(e) The corporation shall determine the maximum amount of the tax credits under ss.
71.07 (3w),
71.28 (3w), and
71.47 (3w) that a certified business may claim and shall notify the department of revenue of this amount.
238.399(6)(f)
(f) The corporation shall verify, under s.
238.03 (2) (e), the information submitted to the corporation by the person for the purpose of claiming tax benefits.
238.399(6)(g)
(g) The corporation shall adopt policies and procedures specifying all of the following:
238.399(6)(g)1.
1. The definitions of a tier I county or municipality and a tier II county or municipality. The corporation may consider all of the following information when establishing the definitions required under this subdivision:
238.399(6)(g)1.e.
e. Other significant or irregular indicators of economic distress, such as a natural disaster or mass layoff.
238.399(6)(g)2m.
2m. The definition of “significant capital investment" for purposes of sub.
(5).
238.399(6)(g)3.
3. The definition of “significant capital expenditure" for purposes of sub.
(5m).
