Wis. Stat. § 238.399 — WI Code / Chapter 238 / Section 238.399
Section 238.399
Status: in_force

2. More than 500 full-time employees are employed by the business in the enterprise zone.

(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.

(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.

(g) For taxable years beginning after December 31, 2025, no more than one business that manufactures biofuel in this state, a majority of which is aviation biofuel, and that provides to the corporation all of the following to demonstrate economic due diligence:

1. A comprehensive feasibility study, conducted by a 3rd party, describing the conversion technology and processes to be deployed, including supporting performance data, and evaluating feedstock availability, cost competitiveness, and job creation.

2. A business plan outlining key capital and operating costs, target markets, financial projections, and identified or prospective agreements to purchase biofuel manufactured by the business. The business plan under this subdivision shall include all of the following:

a. Signed letters of intent from businesses in the timber industry and other critical supply industries to provide necessary supplies for manufacturing biofuel.

b. Signed letters of intent from purchasers of biofuel to purchase biofuel in an amount sufficient to meet any sales threshold identified by the business plan.

c. A signed letter from a financing entity committing to provide the amount needed to complete the proposed capital and other operating costs and proof of equity raised and on deposit as required by the financing entity.

(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) .

(6) Other duties.

(b) The corporation shall revoke a certification under sub. (5) if the business does any of the following:

1. Supplies false or misleading information to obtain tax benefits.

2. Leaves the enterprise zone to conduct substantially the same business outside of the enterprise zone.

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.

(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.

(e) Except as provided in par. (em) , 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.

(em) The total amount in tax benefits that a business certified under sub. (5) (g) may claim under this section may not exceed $120,000,000.

(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.

(g) The corporation shall adopt policies and procedures specifying all of the following:

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:

a. Unemployment rate.

b. Percentage of families with incomes below the poverty line established under 42 USC 9902 (2).

c. Median family income.

d. Median per capita income.

e. Other significant or irregular indicators of economic distress, such as a natural disaster or mass layoff.

2m. The definition of “significant capital investment” for purposes of sub. (5) .

3. The definition of “significant capital expenditure” for purposes of sub. (5m) .

History: 2005 a. 361 ; 2007 a. 20 , 97 , 100 ; 2009 a. 11 , 28 , 266 , 267 ; 2011 a. 26 ; 2011 a. 32 s. 3437 ; Stats. 2011 s. 238.399; 2013 a. 20 ; 2013 a. 166 ss. 54 , 60 , 76 ; 2015 a. 55 ; 2017 a. 58 , 369 ; 2023 a. 143 ; 2025 a. 164 .