Chapter 238

238.16(5)(f)3. 3. Conditions for the revocation of a certification.

238.16(5)(f)4. 4. Conditions for the repayment of tax benefits under par. (c).

238.16(5)(f)5. 5. Determining a change in net employment in a person’s business.

238.16(6) (6) Sunset. No tax benefits may be awarded under this section after December 31, 2015, unless the tax benefits were allocated to a taxpayer by the corporation in a contract that the corporation executed before that date or in a letter of intent to enter into such a contract that the corporation issued before that date.

238.16 History History: 2009 a. 28, 265; 2011 a. 32 ss. 2864, 3357 to 3366; Stats. 2011 s. 238.16; 2011 a. 88; 2013 a. 20, 145; 2015 a. 55; 2017 a. 59, 369.

238.17 238.17 Historic rehabilitation tax credit.

238.17(1) (1) For taxable years beginning after December 31, 2013, the corporation may certify a person to claim a tax credit under s. 71.07 (9m), 71.28 (6), or 71.47 (6), if the corporation determines that the person is conducting an eligible activity under s. 71.07 (9m), 71.28 (6), or 71.47 (6). No person may claim a tax credit under s. 71.07 (9m), 71.28 (6), or 71.47 (6) without first being certified under this subsection.

238.17(2) (2) Beginning July 1, 2018, the corporation may not certify persons to claim more than a total of $3,500,000 in tax credits for all projects undertaken on the same parcel.

238.17(3) (3) 

238.17(3)(a) (a) Except as provided in par. (b), the corporation may not certify a person for a tax credit under sub. (1) if the person is not subject to the taxes imposed under s. 71.02, 71.08, 71.23, or 71.43, except that the corporation may certify a nonprofit entity described under section 501 (c) (3) of the Internal Revenue Code for a tax credit under sub. (1) if the entity intends to sell or otherwise transfer the credit, as provided under s. 71.07 (9m), 71.28 (6) (h), or 71.47 (6) (h).

238.17(3)(b) (b) The corporation may certify a nonprofit entity not described under section 501 (c) (3) of the Internal Revenue Code for a tax credit under sub. (1) by submitting the proposal for the certification to the joint committee on finance for approval. If the cochairpersons of the joint committee on finance do not notify the corporation within 14 working days after the date of the corporation’s submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented as proposed by the corporation. If, within 14 working days after the corporation’s submittal, the cochairpersons of the joint committee on finance notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented only upon approval of the committee.

238.17 History History: 2013 a. 62; 2015 a. 55; 2017 a. 59, 280.

238.23 238.23 Technology zones.

238.23(1) (1) In this section, “tax credit” means a credit under s. 71.07 (2dm), (2dx), or (3g), 71.28 (1dm), (1dx), or (3g), or 71.47 (1dm), (1dx), or (3g).

238.23(2) (2) 

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. 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) (3) 

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)(a)1. 1. The business is located in the technology zone.

238.23(3)(a)2. 2. The business is a new or expanding business.

238.23(3)(a)3. 3. The business is a high-technology business.

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)1. 1. How many new jobs the business is likely to create.

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)(b)5. 5. The economic viability of the business.

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) (4) 

238.23(4)(a) (a) The corporation shall notify the department of revenue of all the following:

238.23(4)(a)1. 1. A technology zone’s designation.

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 (2dm), (2dx), and (3g), 71.28 (1dm), (1dx), and (3g), and 71.47 (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)(b)1. 1. New or expanding business.

238.23(5)(b)2. 2. High-technology business.

238.23(5)(c) (c) Certifying a business, including use of the factors under sub. (3) (b).

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; 2015 a. 55; 2021 a. 127.

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.

238.28 238.28 Refundable tax credits. It is the intent of the legislature that all credits awarded under ss. 238.16, 238.308, 238.396, and 238.399 become a permanent part of the working capital structure of businesses claiming the credits.

238.28 History History: 2017 a. 59.

238.29 238.29 Wisconsin-Ireland trade commission.

238.29(1) (1) Definition. In this section, “commission” means the advisory body established by the corporation under sub. (2).

238.29(2) (2) Creation. The corporation shall establish an advisory body, to be known as the Wisconsin-Ireland trade commission. The corporation shall provide administrative support for the commission.

238.29(3) (3) Composition; appointments; vacancies.

238.29(3)(a) (a) The commission shall consist of 7 members, appointed as follows:

238.29(3)(a)1. 1. Two senators, who shall be appointed by the president of the senate. The members shall have knowledge of or current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between this state and the Republic of Ireland.

238.29(3)(a)2. 2. Two representatives to the assembly, who shall be appointed by the speaker of the assembly. The members shall have knowledge of or current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between this state and the Republic of Ireland.

238.29(3)(a)3. 3. Three members nominated by the governor, and with the advice and consent of the senate appointed, to serve for 2-year terms. The members shall include at least one representative from an institution, as defined in s. 36.05 (9), or a technical college under ch. 38; at least one representative from an organization that represents business interests in this state; and at least one member who represents Irish-American communities or interests.

238.29(3)(b) (b) A vacancy in the membership of the commission shall be filled in the same manner in which the original appointment was made.

238.29(4) (4) Administration.

238.29(4)(a) (a) Compensation; reimbursement. A member of the commission shall receive no compensation for services but shall be reimbursed by the corporation for necessary expenses, including travel expenses, incurred in the discharge of duties.

238.29(4)(b) (b) Meetings; chairperson.

238.29(4)(b)1. 1. The commission shall meet on the call of the chairperson or a majority of its members. The commission may meet or hold hearings at any location as will best serve the citizens of this state.

238.29(4)(b)2. 2. The commission shall elect a chairperson from amongst its members every 2 years.

238.29(4)(c) (c) Records; meetings. The commission’s records are subject to the right of examination and copying under s. 19.35 (1), and the commission’s meetings are subject to subch. V. of ch. 19.

238.29(4)(d) (d) Quorum. A majority of the membership of the commission constitutes a quorum to do business, and a majority of a quorum may act in any matter within the jurisdiction of the commission.

238.29(5) (5) Purpose of the commission. The commission shall do all of the following:

238.29(5)(a) (a) Promote the advancement of bilateral trade and investment between this state and the Republic of Ireland.

238.29(5)(b) (b) Recommend joint action on policy issues of mutual interest to this state and the Republic of Ireland.

238.29(5)(c) (c) Promote business and academic exchanges between this state and the Republic of Ireland.

238.29(5)(d) (d) Encourage mutual economic support between this state and the Republic of Ireland.

238.29(5)(e) (e) Encourage mutual investment in the infrastructure of this state and the Republic of Ireland.

238.29(5)(f) (f) Address such other issues as are determined by the commission.

238.29(6) (6) Reports. The commission shall submit a written report of its findings, results, and recommendations to the governor and the legislature within one year after its initial organizational meeting and by February 1 of each succeeding year for the activities of the preceding calendar year.

238.29(7) (7) Funding. The commission may raise funds, through direct solicitation or other fundraising events, alone or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, governmental agencies, and public and private organizations and institutions, to defray the commission’s administrative expenses and to carry out its purposes.

238.29 History History: 2023 a. 170.

subch. II of ch. 238 SUBCHAPTER II

TAX INCENTIVES FOR BUSINESS DEVELOPMENT

238.30 238.30 Definitions. In this section and ss. 238.301 to 238.395 and 238.398:

238.30(2) (2) “Development zone program” means the program administered under this subchapter.

238.30(2g) (2g) “Eligible activity” means an activity described under s. 238.302.

238.30(2m) (2m)