238.3045(1)(b)2.
2. Intends to relocate its headquarters to this state and employ at least 51 percent of its employees in this state.
238.3045(1)(b)3.
3. Intends to expand its operations in this state, and that expansion will result in an increase in the number of full-time employees employed by the applicant in this state in an amount equal to at least 10 percent of the applicant's full-time workforce in this state at the time of application.
238.3045(1)(b)4.
4. Intends to expand its operations in this state, and that expansion will result in the applicant making a significant capital investment in property located in this state, as determined by the corporation.
238.3045(1)(c)1.1. Subject to subd.
2., a person that receives an approval under par.
(b) shall transfer tax benefits in accordance with the terms of the application under par.
(a) after the corporation authorizes the person to claim tax benefits under s.
238.303 (2) and provides the notice of eligibility under s.
238.303 (3). The notice of eligibility shall contain all relevant information concerning a transfer of tax benefits under this section. The person to whom tax benefits are transferred may carry forward, beginning on the date of the notice of eligibility, any unused amount of the value of those tax benefits as provided under the appropriate provision in ch.
71 or in s.
76.636.
238.3045(1)(c)2.
2. Tax benefits may be transferred under this paragraph only in exchange for some consideration, other than money, in connection with the eligible activity for which the tax benefits were initially awarded.
238.3045(2)(a)
(a) If the corporation revokes a person's certification for tax benefits under s.
238.305, and, at the time of revocation, that person has transferred those tax benefits under this section, that person shall be liable for the full value of the tax benefits, and the person to whom the tax benefits were transferred may not claim any tax benefits that were not claimed prior to revocation.
238.3045(2)(c)
(c) The department of revenue has full power to administer tax benefits transferred under this section and may take any action, conduct any proceeding, and proceed as it is authorized in respect to income and franchise taxes imposed under ch.
71. The income and franchise tax provisions in ch.
71 relating to assessments, refunds, appeals, collection, interest, and penalties apply to tax benefits transferred under this section.
238.3045(3)
(3) Annual report. Annually, the corporation shall submit a report to the joint committee on finance that provides a detailed assessment of the progress to date of the program under this section.
238.3045(4)(a)(a) Except as provided in par.
(b), the corporation may not authorize the transfer of tax benefits under this section that total more than $15,000,000, and the corporation may not authorize the transfer of tax benefits after 36 months after April 4, 2014.
238.3045(4)(b)
(b) Upon expiration of the 36-month period under par.
(a), the corporation may continue to authorize the transfer of tax benefits under this section for up to an additional 36 months, and the corporation may authorize the transfer of up to an additional $15,000,000 in tax benefits, if the corporation determines that a continuation of the program under this section will promote significant economic development in this state. Before the corporation authorizes the transfer of tax benefits under this paragraph, the chief executive officer of the corporation shall notify the joint committee on finance in writing that the corporation intends to continue authorizing the transfer of tax benefits under this section. That notice shall state the reasons supporting the corporation's determination that the transfer of additional tax benefits will promote significant economic development in this state. If, within 14 working days after the date of that notice, the cochairpersons of the committee do not notify the corporation that the committee has scheduled a meeting to review the corporation's proposed continuation of the program, the corporation may proceed to authorize the transfer of additional tax benefits under this section. If, within 14 working days after the date of that notice, the cochairpersons of the committee notify the corporation that the committee has scheduled a meeting to review the proposed continuation of the program, the corporation may proceed to authorize the transfer of additional tax benefits only upon approval of the committee.
238.3045 History
History: 2013 a. 184;
2015 a. 55.
238.305
238.305
Revocation of certification. The corporation shall revoke the certification of a person who does any of the following:
238.305(2)
(2) Supplies false or misleading information to obtain tax benefits under s.
238.303.
238.305(3)
(3) Leaves the state to conduct substantially the same business outside of the state.
238.305(4)
(4) Ceases operations in the state and does not renew operation of the business or a similar business within 12 months.
238.305 History
History: 2009 a. 2;
2011 a. 32 s.
3417; Stats. 2011 s. 238.305.
238.306
238.306
Responsibilities of the corporation. The corporation shall do all of the following:
238.306(1)(a)
(a) Verify, under s.
238.03 (2) (e), the information submitted to the corporation by the person for the purpose of claiming tax benefits.
238.306(1)(b)
(b) Notify and obtain written approval from the chief executive officer of the corporation for any certification under sub.
(2) (j).
238.306(2)
(2) Rules. Establish by rule all of the following:
238.306(2)(a)
(a) A schedule of hourly wage ranges to be paid, and health insurance benefits to be provided, to an employee by a person certified under s.
238.301 (2) and the corresponding per employee tax benefit for which a person certified under s.
238.301 (2) may be eligible.
238.306(2)(b)
(b) A definition of “significant investment of capital" for purposes of s.
238.302 (2), together with a corresponding schedule of tax benefits for which a person who is certified under s.
238.301 (2) and who conducts a project described in s.
238.302 (2) may be eligible. The corporation shall include in the definition required under this paragraph a schedule of investments that takes into consideration the size or nature of the business.
238.306(2)(c)
(c) A definition of “significant investments in the training or reeducation of employees" for purposes of s.
238.302 (3), together with a corresponding schedule of tax benefits for which a person who is certified under s.
238.301 (2) and who conducts a project under s.
238.302 (3) may be eligible.
238.306(2)(d)
(d) A schedule of tax benefits for which a person who is certified under s.
238.301 (2) and who conducts a project that will result in the location or retention of a person's corporate headquarters in Wisconsin may be eligible.