2010 Wisconsin Code
Chapter 560. Department of commerce.
560.2055 Jobs tax credit.

560.2055

560.2055 Jobs tax credit.

560.2055(1)

(1) Definitions. In this section:

560.2055(1)(a)

(a)

560.2055(1)(a)1.

1. Except as provided in subd. 2., "business" means any organization or enterprise operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company, or association.

560.2055(1)(a)2.

2. "Business" does not include a store or shop in which retail sales is the principal business.

560.2055(1)(b)

(b) "Eligible employee" means a person employed in a full-time job by a person certified under sub. (2).

560.2055(1)(c)

(c) "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150 percent of the federal minimum wage and benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins.

560.2055(1)(d)

(d) "Tax benefits" means the jobs tax credit under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q).

560.2055(2)

(2) Certification. The department may certify a person to receive tax benefits under this section if all of the following apply:

560.2055(2)(a)

(a) The person is operating or intends to operate a business in this state.

560.2055(2)(b)

(b) The person applies under this section and enters into a contract with the department.

560.2055(3)

(3) Eligibility for tax benefits. A person certified under sub. (2) may receive tax benefits under this section if, in each year for which the person claims tax benefits under this section, the person increases net employment in the person's business and one of the following apply:

560.2055(3)(a)

(a) In a tier I county or municipality, an eligible employee for whom the person claims a tax credit will earn at least $20,000 but not more than $100,000 in wages from the person in the year for which the credit is claimed.

560.2055(3)(b)

(b) In a tier II county or municipality, an eligible employee for whom the person claims a tax credit will earn at least $30,000 but not more than $100,000 in wages from the person in the year for which the credit is claimed.

560.2055(3)(c)

(c) In a tier I county or municipality or a tier II county or municipality, the person improves the job-related skills of any eligible employee, trains any eligible employee on the use of job-related new technologies, or provides job-related training to any eligible employee whose employment with the person represents the employee's first full-time job.

560.2055(4)

(4) Duration, limits, and expiration.

560.2055(4)(a)

(a) The certification of a person under sub. (2) may remain in effect for no more than 10 cumulative years.

560.2055(4)(b)

(b)

560.2055(4)(b)1.

1. The department may award to a person certified under sub. (2) tax benefits for each eligible employee in an amount equal to up to 10 percent of the wages paid by the person to that employee if that employee earned wages in the year for which the tax benefit is claimed equal to one of the following:

560.2055(4)(b)1.a.

a. In a tier I county or municipality, at least $20,000 but not more than $100,000.

560.2055(4)(b)1.b.

b. In a tier II county or municipality, at least $30,000 but not more than $100,000.

560.2055(4)(b)2.

2. The department may award to a person certified under sub. (2) tax benefits in an amount to be determined by the department by rule for costs incurred by the person to undertake the training activities described in sub. (3) (c).

560.2055(4)(c)

(c) Subject to a reallocation by the department pursuant to rules promulgated under s. 560.205 (3) (d), the department may allocate up to $5,000,000 in tax benefits under this section in any calendar year.

560.2055(5)

(5) Duties of the department.

560.2055(5)(a)

(a) The department of commerce shall notify the department of revenue when the department of commerce certifies a person to receive tax benefits.

560.2055(5)(b)

(b) The department of commerce shall notify the department of revenue within 30 days of revoking a certification made under sub. (2).

560.2055(5)(c)

(c) The department may require a person to repay any tax benefits the person claims for a year in which the person failed to maintain employment required by an agreement under sub. (2) (b).

560.2055(5)(d)

(d) The department shall determine the maximum amount of the tax credits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q) that a certified business may claim and shall notify the department of revenue of this amount.

560.2055(5)(e)

(e) The department shall annually verify the information submitted to the department by the person claiming tax benefits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q).

560.2055(5)(f)

(f) The department shall promulgate rules for the implementation and operation of this section, including rules relating to the following:

560.2055(5)(f)1.

1. The definitions of a tier I county or municipality and a tier II county or municipality. The department may consider all of the following information when establishing the definitions required under this subdivision:

560.2055(5)(f)1.a.

a. Unemployment rate.

560.2055(5)(f)1.b.

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

560.2055(5)(f)1.c.

c. Median family income.

560.2055(5)(f)1.d.

d. Median per capita income.

560.2055(5)(f)1.e.

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

560.2055(5)(f)2.

2. A schedule of additional tax benefits for which a person who is certified under sub. (2) and who incurs costs related to job training under sub. (3) (c) may be eligible.

560.2055(5)(f)3.

3. Conditions for the revocation of a certification under par. (b).

560.2055(5)(f)4.

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

560.2055 - ANNOT.

History: 2009 a. 28, 265.