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) For taxable years beginning before January 1, 2024, 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 comply with an agreement entered into with the corporation. 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). 238.40(1)(a)(a) “Eligible data center costs” means expenditures made after October 1, 2023, for the development, acquisition, construction, renovation, expansion, replacement, or repair and the operation of a qualified data center in this state, including costs of tangible personal property and property under s. 77.52 (1) (c), as specified in s. 77.54 (70), land, buildings, site improvements, modular data centers, computer data center equipment acquisition and permitting, lease payments, site characterization and assessment, engineering, and design used at a qualified data center in this state. 238.40(1)(b)(b) “Qualified data center” means one or more buildings or an array of connected buildings owned, leased, or operated by the same business entity, as defined in s. 13.62 (5), or its affiliate and for which all of the following apply: 238.40(1)(b)1.1. The buildings are rehabilitated or constructed to house a group of networked server computers in one physical location or multiple locations in order to centralize the processing, storage, management, retrieval, communication, or dissemination of data and information. 238.40(1)(b)2.2. The buildings create a minimum qualified investment in this state of any of the following amounts within 5 years from the date on which the corporation certifies the data center as eligible to claim the exemption under s. 77.54 (70): 238.40(1)(b)2.a.a. For buildings located in a county having a population greater than 100,000, $150,000,000. 238.40(1)(b)2.b.b. For buildings located in a county having a population greater than 50,000 and not more than 100,000, $100,000,000. 238.40(1)(b)2.c.c. For buildings in a county having a population of not more than 50,000, $50,000,000. 238.40(1)(b)2.d.d. For buildings located in more than one county, the amount provided under subd. 2. a., b., or c. for the most populous county in which the buildings are located. 238.40(1)(c)(c) “Qualified investment” means the aggregate, non-duplicative eligible data center costs expended at a qualified data center by an owner, operator, or tenant, or an affiliate of an owner, operator, or tenant, of the qualified data center. 238.40(2)(a)(a) The corporation shall certify a qualified data center for purposes of the sales and use tax exemption under s. 77.54 (70). The certification shall include a description of the geographic location or locations and buildings of the qualified data center and an identification of the business entity specified in sub. (1) (b). The corporation shall contract with that business entity and shall, upon request, amend the certification and contract to include one or more additional locations and buildings of the qualified data center. 238.40(2)(b)(b) If the corporation certifies a qualified data center for purposes of the sales and use tax exemption under s. 77.54 (70) and the data center fails to satisfy sub. (1) (b) 2., the corporation shall revoke the certification. The contract between the corporation and the business entity shall include recapture provisions. The corporation may grant an extension of time within which the qualified data center may avoid revocation by satisfying the applicable qualified investment requirement under sub. (1) (b) 2. 238.40 HistoryHistory: 2023 a. 19.
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Ch. 238, Economic Development Corporation
statutes/238.40(1)(a)
statutes/238.40(1)(a)
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