Wisconsin Code § 71.07

Credits
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(1) CLAIM OF RIGHT CREDIT. Any natural
person may credit against taxes otherwise due under this chapter
the decrease in tax under this chapter for the prior taxable year
that would be attributable to subtracting income taxed for that
year under the claim of right doctrine but repaid, as calculated under section 1341 of the internal revenue code, if the income repaid is greater than $3,000 and the amount is not subtracted in
computing Wisconsin adjusted gross income or used in computing the credit under sub. (5) (a). If the allowable amount of the
claim exceeds the claimant’s taxes due under this chapter the
amount of the claim not used to offset those taxes shall be certified to the department of administration for payment to the
claimant by check, share draft or other draft drawn on the general
fund.
(2dm) DEVELOPMENT ZONE CAPITAL INVESTMENT CREDIT.
(a) In this subsection:
1. “Certified” means entitled under s. 238.395 (3) (a) 4. or s.
560.795 (3) (a) 4., 2009 stats., [s. 560.795 (3) (a) 4., 2009 stats.,
or s. 238.395 (3) (a) 4., 2023 stats.,] to claim tax benefits or certified under s. 238.395 (5) or 238.398 (5) or s. 560.795 (5), 2009
stats., or s. 560.798 (3), 2009 stats. [s. 560.795 (5), 2009 stats., s.
560.798 (3), 2009 stats., s. 238.395 (5), 2023 stats., or s. 238.398
(5), 2023 stats.].
238.395 and 238.398 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
2. “Claimant” means a person who files a claim under this
subsection.
3. “Development zone” means a development opportunity
zone under s. 238.395 (1) (e) and (f) or 238.398 or s. 560.795 (1)
(e) and (f), 2009 stats., or s. 560.798, 2009 stats. [s. 560.795 (1)
(e) and (f), 2009 stats., s. 560.798, 2009 stats., s. 238.395 (1) (e)
and (f), 2023 stats., or s. 238.398, 2023 stats.].
238.395 and 238.398 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
4. “Previously owned property” means real property that the
claimant or a related person owned during the 2 years prior to the
department of commerce or the Wisconsin Economic Development Corporation designating the place where the property is located as a development zone and for which the claimant may not
deduct a loss from the sale of the property to, or an exchange of
the property with, the related person under section 267 of the Internal Revenue Code, except that section 267 (b) of the Internal
Revenue Code is modified so that if the claimant owns any part of
the property, rather than 50 percent ownership, the claimant is
subject to section 267 (a) (1) of the Internal Revenue Code for
purposes of this subsection.
(b) Subject to the limitations provided in this subsection and
in s. 73.03 (35), for any taxable year for which the claimant is certified, a claimant may claim as a credit against the taxes imposed
under s. 71.02 an amount that is equal to 3 percent of the
following:
1. The purchase price of depreciable, tangible personal
property.
2. The amount expended to acquire, construct, rehabilitate,
remodel, or repair real property in a development zone.
(c) A claimant may claim the credit under par. (b) 1., if the
tangible personal property is purchased after the claimant is certified and the personal property is used for at least 50 percent of its
use in the claimant’s business at a location in a development zone
or, if the property is mobile, the property’s base of operations for
at least 50 percent of its use is at a location in a development
zone.
(d) A claimant may claim the credit under par. (b) 2. for an
amount expended to construct, rehabilitate, remodel, or repair
real property, if the claimant began the physical work of construction, rehabilitation, remodeling, or repair, or any demolition or
destruction in preparation for the physical work, after the place
where the property is located was designated a development
zone, or if the completed project is placed in service after the
claimant is certified. In this paragraph, “physical work” does not
include preliminary activities such as planning, designing, securing financing, researching, developing specifications, or stabilizing the property to prevent deterioration.
(e) A claimant may claim the credit under par. (b) 2. for an
amount expended to acquire real property, if the property is not
previously owned property and if the claimant acquires the property after the place where the property is located was designated
a development zone, or if the completed project is placed in service after the claimant is certified.
(f) No credit may be allowed under this subsection unless the
claimant includes with the claimant’s return:
1. A copy of the verification that the claimant may claim tax
benefits under s. 238.395 (3) (a) 4. or s. 560.795 (3) (a) 4., 2009
stats., [s. 560.795 (3) (a) 4. , 2009 stats., or s. 238.395 (3) (a) 4. ,
2023 stats.,] or is certified under s. 238.395 (5) or 238.398 (3) or
s. 560.795 (5) , 2009 stats., or s. 560.798 (3) , 2009 stats. [s.
560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., s. 238.395
(5), 2023 stats., or s. 238.398 (3), 2023 stats.].
238.395 and 238.398 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
2. A statement from the department of commerce or the Wisconsin Economic Development Corporation verifying the purchase price of the investment and verifying that the investment
fulfills the requirements under par. (b).
(g) In calculating the credit under par. (b) a claimant shall reduce the amount expended to acquire property by a percentage
equal to the percentage of the area of the real property not used

for the purposes for which the claimant is certified and shall reduce the amount expended for other purposes by the amount expended on the part of the property not used for the purposes for
which the claimant is certified.
(h) The carry-over provisions of s. 71.28 (4) (e) and (f) as they
relate to the credit under s. 71.28 (4) relate to the credit under this
subsection.
(hm) A claimant may claim the credit under this subsection,
including any credits carried over, against the amount of the tax
otherwise due under this subchapter.
(i) Partnerships, limited liability companies, and tax-option
corporations may not claim the credit under this subsection, but
the eligibility for, and the amount of, that credit shall be determined on the basis of their economic activity, not that of their
shareholders, partners, or members. The corporation, partnership, or limited liability company shall compute the amount of
credit that may be claimed by each of its shareholders, partners,
or members and provide that information to its shareholders,
partners, or members. Partners, members of limited liability
companies, and shareholders of tax-option corporations may
claim the credit based on the partnership’s, company’s, or corporation’s activities in proportion to their ownership interest and
may offset it against the tax attributable to their income from the
partnership’s, company’s, or corporation’s business operations in
the development zone; except that partners, members, and shareholders in a development zone under s. 238.395 (1) (e) or s.
560.795 (1) (e), 2009 stats., [s. 560.795 (1) (e), 2009 stats., or s.
238.395 (1) (e) , 2023 stats.,] may offset the credit against the
amount of the tax attributable to their income.
(j) If a person who is entitled under s. 238.395 (3) (a) 4. or s.
560.795 (3) (a) 4., 2009 stats., [s. 560.795 (3) (a) 4., 2009 stats.,
or s. 238.395 (3) (a) 4. , 2023 stats.,] to claim tax benefits becomes ineligible for such tax benefits, or if a person’s certification under s. 238.395 (5) or 238.398 (3) or s. 560.795 (5), 2009
stats., or s. 560.798 (3), 2009 stats., [s. 560.795 (5), 2009 stats., s.
560.798 (3), 2009 stats., s. 238.395 (5), 2023 stats., or s. 238.398
(3), 2023 stats.,] is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on
which the person becomes ineligible for tax benefits, the taxable
year that includes the day on which the certification is revoked, or
succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter
for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes
the day on which the certification is revoked, or succeeding taxable years.
238.395 and 238.398 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
(k) If a person who is entitled under s. 238.395 (3) (a) 4. or s.
560.795 (3) (a) 4., 2009 stats., [s. 560.795 (3) (a) 4., 2009 stats.,
or s. 238.395 (3) (a) 4., 2023 stats.,] to claim tax benefits or certified under s. 238.395 (5) or 238.398 (3) or s. 560.795 (5), 2009
stats., or s. 560.798 (3), 2009 stats., [s. 560.795 (5), 2009 stats., s.
560.798 (3), 2009 stats., s. 238.395 (5), 2023 stats., or s. 238.398
(3), 2023 stats.,] ceases business operations in the development
zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable
year during which operations cease or from previous taxable
years.
238.395 and 238.398 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
(L) Section 71.28 (4) (g) and (h) as it applies to the credit under s. 71.28 (4) applies to the credit under this subsection.
(2dx) DEVELOPMENT ZONES CREDIT. (a) Definitions. In this
subsection:
1. “Brownfield” means an industrial or commercial facility
the expansion or redevelopment of which is complicated by environmental contamination.
2. “Development zone” means a development zone under s.
238.30 or s. 560.70, 2009 stats., a development opportunity zone
under s. 238.395 or s. 560.795, 2009 stats., [s. 560.795, 2009
stats., or s. 238.395, 2023 stats.,] an enterprise development zone
under s. 238.397 or s. 560.797, 2009 stats., [s. 560.797, 2009
stats., or s. 238.397, 2023 stats.,] or an agricultural development
zone under s. 238.398 or s. 560.798, 2009 stats. [s. 560.798, 2009
stats., or s. 238.398, 2023 stats.]
238.395, 238.397, and 238.398 were repealed by 2025 Wis. Act 118. Corrective
legislation is pending.
3. “Environmental remediation” means removal or containment of environmental pollution, as defined in s. 299.01 (4), and
restoration of soil or groundwater that is affected by environmental pollution, as defined in s. 299.01 (4), in a brownfield if that removal, containment or restoration fulfills the requirement under
s. 71.07 (2de) (a) 1., 2013 stats., and investigation unless the investigation determines that remediation is required and that remediation is not undertaken.
4. “Full-time job” has the meaning given in s. 238.30 (2m).
5. “Member of a targeted group” means a person who resides
in an area designated by the federal government as an economic
revitalization area, a person who is employed in an unsubsidized
job but meets the eligibility requirements under s. 49.145 (2) and
(3) for a Wisconsin Works employment position, a person who is
employed in a trial job, as defined in s. 49.141 (1) (n), 2011 stats.,
or in a trial employment match program job, as defined in s.
49.141 (1) (n), a person who is eligible for child care assistance
under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a
general assistance recipient, an economically disadvantaged exconvict, a qualified summer youth employee, as defined in 26
USC 51 (d) (7), a dislocated worker, as defined in 29 USC 2801
(9), or a food stamp recipient, if the person has been certified in
the manner under s. 71.07 (2dj) (am) 3., 2013 stats., by a designated local agency, as defined in s. 71.07 (2dj) (am) 2., 2013 stats.
(b) Credit. Except as provided in pars. (be) and (bg) and in s.
73.03 (35), and subject to s. 238.385 or s. 560.785, 2009 stats., [s.
560.785, 2009 stats., or s. 238.385, 2023 stats.,] for any taxable
year for which the person is entitled under s. 238.395 (3) or s.
560.795 (3), 2009 stats., [s. 560.795 (3), 2009 stats., or s. 238.395
(3), 2023 stats.,] to claim tax benefits or certified under s.
238.365 (3), 238.397 (4), or 238.398 (3) or s. 560.765 (3), 2009
stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., [s.
560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., s. 560.798
(3), 2009 stats., s. 238.365 (3), 2023 stats., s. 238.397 (4), 2023
stats., or s. 238.398 (3), 2023 stats.,] any person may claim as a
credit against the taxes otherwise due under this chapter the following amounts:
238.365, 238.385, 238.395, 238.397, and 238.398 were repealed by 2025 Wis. Act
118. Corrective legislation is pending.
1. Fifty percent of the amount expended for environmental
remediation in a development zone.
2. The amount determined by multiplying the amount determined under s. 238.385 (1) (b) or s. 560.785 (1) (b), 2009 stats.,
[s. 560.785 (1) (b), 2009 stats., or s. 238.385 (1) (b), 2023 stats.,]

by the number of full-time jobs created in a development zone
and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.
3. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats.,
[s. 560.785 (1) (c), 2009 stats., or s. 238.385 (1) (c), 2023 stats.,]
by the number of full-time jobs created in a development zone
and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.
4. The amount determined by multiplying the amount determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm) , 2009
stats., [s. 560.785 (1) (bm) , 2009 stats., or s. 238.385 (1) (bm) ,
2023 stats.,] by the number of full-time jobs retained, as provided
in the rules under s. 238.385 or s. 560.785, 2009 stats., [s.
560.785, 2009 stats., or s. 238.385, 2023 stats.,] in an enterprise
development zone under s. 238.397 or s. 560.797, 2009 stats., [s.
560.797, 2009 stats., or s. 238.397, 2023 stats.,] and for which
significant capital investment was made and by then subtracting
the subsidies paid under s. 49.147 (3) (a) for those jobs.
238.385 and 238.397 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
5. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats.,
[s. 560.785 (1) (c), 2009 stats., or s. 238.385 (1) (c), 2023 stats.,]
by the number of full-time jobs retained, as provided in the rules
under s. 238.385 or s. 560.785, 2009 stats., [s. 560.785, 2009
stats., or s. 238.385, 2023 stats.,] in a development zone and not
filled by a member of a targeted group and by then subtracting the
subsidies paid under s. 49.147 (3) (a) for those jobs.
(be) Offset. A claimant in a development zone under s.
238.395 (1) (e) or s. 560.795 (1) (e), 2009 stats., [s. 560.795 (1)
(e), 2009 stats., or s. 238.395 (1) (e), 2023 stats.,] may offset any
credits claimed under this subsection, including any credits carried over, against the amount of the tax otherwise due under this
subchapter attributable to all of the claimant’s income and against
the tax attributable to income from directly related business operations of the claimant.
(bg) Other entities. For claimants in a development zone under s. 238.395 (1) (e) or s. 560.795 (1) (e), 2009 stats., [s. 560.795
(1) (e), 2009 stats., or s. 238.395 (1) (e) , 2023 stats.,] partnerships, limited liability companies, and tax-option corporations
may not claim the credit under this subsection, but the eligibility
for, and amount of, that credit shall be determined on the basis of
their economic activity, not that of their shareholders, partners, or
members. The corporation, partnership, or company shall compute the amount of the credit that may be claimed by each of its
shareholders, partners, or members and shall provide that information to each of its shareholders, partners, or members. Partners, members of limited liability companies, and shareholders of
tax-option corporations may claim the credit based on the partnership’s, company’s, or corporation’s activities in proportion to
their ownership interest and may offset it against the tax attributable to their income.
(c) Credit precluded. If the certification of a person for tax
benefits under s. 238.365 (3), 238.397 (4), or 238.398 (3) or s.
560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798
(3), 2009 stats., [s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009
stats., s. 560.798 (3), 2009 stats., s. 238.365 (3), 2023 stats., s.
238.397 (4) , 2023 stats., or s. 238.398 (3) , 2023 stats.,] is revoked, or if the person becomes ineligible for tax benefits under
s. 238.395 (3) or s. 560.795 (3), 2009 stats., [s. 560.795 (3), 2009
stats., or s. 238.395 (3), 2023 stats.,] that person may not claim
credits under this subsection for the taxable year that includes the
day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax
benefits; or succeeding taxable years and that person may not
carry over unused credits from previous years to offset tax under
this chapter for the taxable year that includes the day on which
certification is revoked; the taxable year that includes the day on
which the person becomes ineligible for tax benefits; or succeeding taxable years.
238.365, 238.395, 238.397, and 238.398 were repealed by 2025 Wis. Act 118 .
Corrective legislation is pending.
(d) Carry-over precluded. If a person who is entitled under s.
238.395 (3) or s. 560.795 (3), 2009 stats., [s. 560.795 (3), 2009
stats., or s. 238.395 (3), 2023 stats.,] to claim tax benefits or certified under s. 238.365 (3) , 238.397 (4) , or 238.398 (3) or s.
560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798
(3), 2009 stats., [s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009
stats., s. 560.798 (3), 2009 stats., s. 238.365 (3), 2023 stats., s.
238.397 (4), 2023 stats., or s. 238.398 (3), 2023 stats.,] for tax
benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may
not carry over to any taxable year following the year during which
operations cease any unused credits from the taxable year during
which operations cease or from previous taxable years.
238.365, 238.395, 238.397, and 238.398 were repealed by 2025 Wis. Act 118 .
Corrective legislation is pending.
(e) Administration. 1. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under
this subsection. Claimants shall include with their returns a copy
of their certification for tax benefits and a copy of the department
of commerce’s verification of their expenses.
2. The credit under this subsection may not be claimed by
partnerships, limited liability companies, and tax-option corporations but the eligibility for, and the amount of, that credit shall be
determined on the basis of their economic activity, not that of
their shareholders, partners, or members. The corporation, partnership, or limited liability company shall compute the amount of
credit that may be claimed by each of its shareholders, partners,
or members and shall provide that information to each of its
shareholders, partners, or members. That credit may be claimed
by partners, members of limited liability companies, and shareholders of tax-option corporations in proportion to their ownership interests.
(2dy) ECONOMIC DEVELOPMENT TAX CREDIT. (a) Definition. In this subsection, “claimant” means a person who files a
claim under this subsection and is certified under s. 238.301 (2)
or s. 560.701 (2), 2009 stats., [s. 560.701 (2), 2009 stats., or s.
238.301 (2), 2023 stats.,] and authorized to claim tax benefits under s. 238.303 or s. 560.703, 2009 stats. [s. 560.703, 2009 stats.,
or s. 238.303, 2023 stats.].
238.301 and 238.303 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
(b) Filing claims. Subject to the limitations under this subsection and ss. 238.301 to 238.306 or ss. 560.701 to 560.706, 2009
stats., [ss. 560.701 to 560.706, 2009 stats., or s. 238.301, 2023
stats., s. 238.302, 2023 stats., s. 238.303, 2023 stats., s. 238.304,
2023 stats., s. 238.3045, 2023 stats., s. 238.305, 2023 stats., and
s. 238.306, 2023 stats.,] for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax im-

posed under s. 71.02, up to the amount of the tax, the amount authorized for the claimant under s. 238.303 or s. 560.703, 2009
stats. [s. 560.703, 2009 stats., or s. 238.303, 2023 stats.].
238.301 to 238.306 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
(c) Limitations. 1. No credit may be allowed under this subsection unless the claimant includes with the claimant’s return a
copy of the claimant’s certification under s. 238.301 (2) or s.
560.701 (2), 2009 stats. [s. 560.701 (2), 2009 stats., or s. 238.301
(2), 2023 stats.], and a copy of the claimant’s notice of eligibility
to receive tax benefits under s. 238.303 (3) or s. 560.703 (3) ,
2009 stats. [s. 560.703 (3), 2009 stats., or s. 238.303 (3), 2023
stats.].
238.301 and 238.303 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
2. Partnerships, limited liability companies, and tax-option
corporations may not claim the credit under this subsection, but
the eligibility for, and the amount of, the credit are based on their
authorization to claim tax benefits under s. 238.303 or s. 560.703,
2009 stats.[s. 560.703, 2009 stats., or s. 238.303, 2023 stats.] A
partnership, limited liability company, or tax-option corporation
shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim
the credit in proportion to their ownership interests.
(d) Administration. 1. Except as provided in subd. 2., s. 71.28
(4) (e) and (f), as it applies to the credit under s. 71.28 (4), applies
to the credit under this subsection.
2. If a claimant’s certification is revoked under s. 238.305 or
s. 560.705, 2009 stats., [s. 560.705, 2009 stats., or s. 238.305,
2023 stats.,] or if a claimant becomes ineligible for tax benefits
under s. 238.302 or s. 560.702, 2009 stats., [s. 560.702, 2009
stats., or s. 238.302, 2023 stats.,] the claimant may not claim
credits under this subsection for the taxable year that includes the
day on which the certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax
benefits; or succeeding taxable years and the claimant may not
carry over unused credits from previous years to offset the tax imposed under s. 71.02 for the taxable year that includes the day on
which certification is revoked; the taxable year that includes the
day on which the claimant becomes ineligible for tax benefits; or
succeeding taxable years.
238.302 and 238.305 were repealed by 2025 Wis. Act 118. Corrective legislation
is pending.
3. Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.
(3) FARMLAND PRESERVATION CREDIT. The farmland preservation credit under subch. IX may be claimed against taxes otherwise due.
(3g) TECHNOLOGY ZONES CREDIT. (a) Subject to the limitations under this subsection and s. 73.03 (35m) and s. 238.23,
2023 stats., and s. 560.96, 2009 stats., a business that is certified
under s. 238.23 (3), 2023 stats., or s. 560.96 (3), 2009 stats., may
claim as a credit against the taxes imposed under s. 71.02 an
amount equal to the sum of the following, as established under s.
238.23 (3) (c), 2023 stats., or s. 560.96 (3) (c), 2009 stats.:
1. The amount of real and personal property taxes imposed
under s. 70.01 that the business paid in the taxable year.
2. Ten percent of the following amounts of capital investments that are made by the business in the technology zone in the
year to which the claim relates:
a. The purchase price of depreciable, tangible personal
property.
b. The amount expended to acquire, construct, rehabilitate,
remodel, or repair real property in a technology zone.
3. Fifteen percent of the amount that is spent for the first 12
months of wages for each job that is created in a technology zone
after certification.
(b) The department of revenue shall notify the department of
commerce or the Wisconsin Economic Development Corporation of all claims under this subsection.
(c) Section 71.28 (4) (e), (f), (g), and (h), as it applies to the
credit under s. 71.28 (4), applies to the credit under par. (a).
(d) Partnerships, limited liability companies, and tax-option
corporations may not claim the credit under this subsection, but
the eligibility for, and the amount of, the credit are based on their
payment of amounts under par. (a). A partnership, limited liability company, or tax-option corporation shall compute the amount
of credit that each of its partners, members, or shareholders may
claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of
tax-option corporations may claim the credit in proportion to
their ownership interest.
(e) 1. No amount described under par. (a) 2. may be used in
the calculation of a credit under this subsection if that amount is
used in the calculation of any other credit under this chapter.
2. The investments that relate to the amount described under
par. (a) 2. for which a claimant makes a claim under this subsection must be retained for use in the technology zone for the period
during which the claimant’s business is certified under s. 238.23
(3) or s. 560.96 (3), 2009 stats. [s. 560.96 (3), 2009 stats., or s.
238.23 (3), 2023 stats.].
(f) No credit may be allowed under this subsection unless the
claimant includes with the claimant’s return:
1. A copy of the verification that the claimant’s business is
certified under s. 238.23 (3) or s. 560.96 (3) , 2009 stats., [s.
560.96 (3), 2009 stats., or s. 238.23 (3), 2023 stats.,] and that the
business has entered into an agreement under s. 238.23 (3) (d) or
s. 560.96 (3) (d), 2009 stats. [s. 560.96 (3) (d), 2009 stats., or s.
238.23 (3) (d), 2023 stats.].
2. A statement from the department of commerce or the Wisconsin Economic Development Corporation verifying the purchase price of the investment described under par. (a) 2. and verifying that the investment fulfills the requirement under par. (e) 2.
(3h) BIODIESEL FUEL PRODUCTION CREDIT. (a) Definitions.
In this subsection:
1. “Biodiesel fuel” has the meaning given in s. 168.14 (2m)
(a).
2. “Claimant” means a person who is engaged in the business
of producing biodiesel fuel in this state and who files a claim under this subsection.
(b) Filing claims. Subject to the limitations provided in this
subsection, for taxable years beginning after December 31, 2011,
and before January 1, 2014, for a claimant who produces at least
2,500,000 gallons of biodiesel fuel in this state in the taxable
year, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of the tax, an amount that is equal
to the number of gallons of biodiesel fuel produced by the
claimant in this state in the taxable year multiplied by 10 cents.

(c) Limitations. 1. The maximum amount of the credit that a
claimant may claim under this subsection in a taxable year is
$1,000,000.
2. Partnerships, limited liability companies, and tax-option
corporations may not claim the credit under this subsection, but
the eligibility for, and the amount of, the credit are based on their
biodiesel fuel production, as described under par. (b). A partnership, limited liability company, or tax-option corporation shall
compute the amount of credit that each of its partners, members,
or shareholders may claim and shall provide that information to
each of them. Partners, members of limited liability companies,
and shareholders of tax-option corporations may claim the credit
in proportion to their ownership interests.
(d) Administration. 1. Section 71.28 (4) (e) to (h) as it applies
to the credit under s. 71.28 (4), applies to the credit under this
subsection.
2. No credit may be claimed under this subsection for taxable
years beginning after December 31, 2013. Credits under this
subsection for taxable years that begin before January 1, 2014,
may be carried forward to taxable years that begin after December 31, 2013.
(3n) DAIRY AND LIVESTOCK FARM INVESTMENT CREDIT. (a)
In this subsection:
1. “Claimant” means a person who files a claim under this
subsection.
1m. “Dairy animals” includes heifers raised as replacement
dairy animals.
1p. “Dairy farm” includes a facility used to raise heifers as
replacement dairy animals.
2. “Dairy farm modernization or expansion” means the construction, the improvement, or the acquisition of buildings or facilities, or the acquisition of equipment, for dairy animal housing,
confinement, animal feeding, milk production, or waste management, including the following, if used exclusively related to dairy
animals and if acquired and placed in service in this state during
taxable years that begin after December 31, 2003, and before January 1, 2014:
a. Freestall barns.
b. Fences.
c. Watering facilities.
d. Feed storage and handling equipment.
e. Milking parlors.
f. Robotic equipment.
g. Scales.
h. Milk storage and cooling facilities.
i. Bulk tanks.
j. Manure pumping and storage facilities.
k. Digesters.
L. Equipment used to produce energy.
4. “Livestock” means cattle, not including dairy animals;
swine; poultry, including farm-raised pheasants, but not including other farm-raised game birds or ratites; fish that are raised in
aquaculture facilities; sheep; and goats.
5. “Livestock farm modernization or expansion” means the
construction, the improvement, or the acquisition of buildings or
facilities, or the acquisition of equipment, for livestock housing,
confinement, feeding, or waste management, including the following, if used exclusively related to livestock and if acquired and
placed in service in this state during taxable years that begin after
December 31, 2005, and before January 1, 2014:
a. Birthing structures.
b. Rearing structures.
c. Feedlot structures.
d. Feed storage and handling equipment.
e. Fences.
f. Watering facilities.
g. Scales.
h. Manure pumping and storage facilities.
i. Digesters.
j. Equipment used to produce energy.
k. Fish hatchery buildings.
L. Fish processing buildings.
m. Fish rearing ponds.
6. a. For taxable years that begin after December 31, 2003,
and before January 1, 2006, “used exclusively,” related to dairy
animals, means used to the exclusion of all other uses except for
use not exceeding 5 percent of total use.
b. For taxable years that begin after December 31, 2005, and
before January 1, 2014, “used exclusively,” related to livestock,
dairy animals, or both, means used to the exclusion of all other
uses except for use not exceeding 5 percent of total use.
(b) 1. Subject to the limitations provided in this subsection,
for taxable years that begin after December 31, 2003, and before
January 1, 2014, a claimant may claim as a credit against the tax
imposed under s. 71.02 an amount equal to 10 percent of the
amount the claimant paid in the taxable year for dairy farm modernization or expansion related to the operation of the claimant’s
dairy farm.
2. Subject to the limitations provided in this subsection, for
taxable years that begin after December 31, 2005, and before January 1, 2014, a claimant may claim as a credit against the tax imposed under s. 71.02 an amount equal to 10 percent of the amount
the claimant paid in the taxable year for livestock farm modernization or expansion related to the operation of the claimant’s
livestock farm.
(c) No credit may be allowed under this subsection for any
amount that the claimant paid for expenses described under par.
(b) that the claimant also claimed as a deduction under section
162 of the Internal Revenue Code.
(d) The aggregate amount of credits that a claimant may claim
under this subsection is $75,000, except that no more than
$50,000 of this amount may be based on costs incurred prior to
May 27, 2010.
(e) 1. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection,
but the eligibility for, and the amount of, the credit are based on
their payment of expenses under par. (b), except that the aggregate amount of credits that the entity may compute shall not exceed the limitation under par. (d). A partnership, limited liability
company, or tax-option corporation shall compute the amount of
credit that each of its partners, members, or shareholders may
claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of
tax-option corporations may claim the credit in proportion to
their ownership interest.
2. If 2 or more persons own and operate the dairy or livestock
farm, each person may claim a credit under par. (b) in proportion
to his or her ownership interest, except that the aggregate amount
of the credits claimed by all persons who own and operate the
farm shall not exceed the limitation under par. (d).
(f) Section 71.28 (4) (e), (f), (g), and (h), as it applies to the
credit under s. 71.28 (4) , applies to the credit under this
subsection.
(g) No credit may be claimed under this subsection for taxable
years beginning after December 31, 2013. Credits under this
subsection for taxable years that begin before January 1, 2014,

may be carried forward to taxable years that begin after December 31, 2013.
(3q) JOBS TAX CREDIT. (a) Definitions. In this subsection:
1. “Claimant” means a person certified to receive tax benefits under s. 238.16 (2) or s. 560.2055 (2), 2009 stats.
2. “Eligible employee” means, for taxable years beginning
before January 1, 2011, an eligible employee under s. 560.2055
(1) (b), 2009 stats., who satisfies the wage requirements under s.
560.2055 (3) (a) or (b), 2009 stats., or, for taxable years beginning after December 31, 2010, an eligible employee under s.
238.16 (1) (b) who satisfies the wage requirements under s.
238.16 (3) (a) or (b).
(b) Filing claims. Subject to the limitations provided in this
subsection and s. 238.16 or s. 560.2055, 2009 stats., for taxable
years beginning after December 31, 2009, a claimant may claim
as a credit against the taxes imposed under s. 71.02 any of the
following:
1. The amount of wages that the claimant paid to an eligible
employee in the taxable year, not to exceed 10 percent of such
wages, as determined by the Wisconsin Economic Development
Corporation under s. 238.16 or the department of commerce under s. 560.2055, 2009 stats.
2. The amount of the costs incurred by the claimant in the
taxable year, as determined under s. 238.16 or s. 560.2055, 2009
stats., to undertake the training activities described under s.
238.16 (3) (c) or s. 560.2055 (3) (c), 2009 stats.
(c) Limitations. 1. a. Except as provided in subd. 1. b., partnerships, limited liability companies, and tax-option corporations
may not claim the credit under this subsection, but the eligibility
for, and the amount of, the credit are based on their payment of
amounts under par. (b). A partnership, limited liability company,
or tax-option corporation shall compute the amount of credit that
each of its partners, members, or shareholders may claim and
shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.
b. For taxable years beginning after December 31, 2020,
partnerships, limited liability companies, and tax-option corporations may elect to claim the credit under this subsection, if the
credit results from a contract entered into with the Wisconsin
Economic Development Corporation before December 22, 2017.
A partnership, limited liability company, or tax-option corporation that wishes to make the election under this subd. 1. b. shall
make the election for each taxable year on its original return and
cannot subsequently make or revoke the election. If a partnership, limited liability company, or tax-option corporation elects
to claim the credit under this subsection, the partners, members,
and shareholders cannot claim the credit under this subsection.
The credit cannot be claimed under this subd. 1. b. if one or more
partners, members, or shareholders have claimed the credit under
this subsection for the same taxable year for which the credit is
claimed under this subd. 1. b.
2. No credit may be allowed under this subsection unless the
claimant includes with the claimant’s return a copy of the
claimant’s certification for tax benefits under s. 238.16 (2) or s.
560.2055 (2), 2009 stats.
3. The maximum amount of credits that may be awarded under this subsection and ss. 71.28 (3q) and 71.47 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013,
is $14,500,000, not including the amount of any credits reallocated under s. 238.15 (3) (d) , 2015 stats., or s. 560.205 (3) (d) ,
2009 stats.
(d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it
applies to the credit under s. 71.28 (4), applies to the credit under
this subsection.
2. If the allowable amount of the claim under par. (b) exceeds
the tax otherwise due under s. 71.02, the amount of the claim not
used to offset the tax due shall be certified by the department of
revenue to the department of administration for payment by
check, share draft, or other draft drawn from the appropriation
account under s. 20.835 (2) (bb) , except that the amounts certified under this subdivision for taxable years beginning after December 31, 2009, and before January 1, 2012, shall be paid in taxable years beginning after December 31, 2011. Notwithstanding
s. 71.82, no interest shall be paid on amounts certified under this
subdivision.
(3s) MANUFACTURING SALES TAX CREDIT. (a) In this
subsection:
1. “Manufacturing” has the meaning given in s. 77.54 (6m),
2007 stats.
2. “Sales and use tax under ch. 77 paid by the person” includes use taxes paid directly by the person and sales and use
taxes paid by the person’s supplier and passed on to the person
whether separately stated on the invoice or included in the total
price.
(b) The tax imposed under s. 71.02 shall be reduced by an
amount equal to the sales and use tax under ch. 77 paid by the
person in such taxable year on fuel and electricity consumed in
manufacturing tangible personal property in this state. Shareholders in a tax-option corporation and partners may claim the
credit under this subsection, based on eligible sales and use taxes
paid by the partnership or tax-option corporation, in proportion
to the ownership interest of each partner or shareholder. The
partnership or tax-option corporation shall calculate the amount
of the credit which may be claimed by each partner or shareholder and shall provide that information to the partner or
shareholder.
(c) 1. The credit under par. (b), including any credits carried
over, may be offset only against the amount of the tax imposed
upon or measured by the business operations of the claimant in
which the fuel and electricity are consumed. Except as provided
in subd. 7., if the credit computed is not entirely offset against
taxes otherwise due, the unused balance shall be carried forward
and credited against taxes otherwise due for the following 20 taxable years to the extent not offset by taxes otherwise due in all intervening years between the year in which the expense was incurred and the year in which the carry-forward credit is claimed.
2. For shareholders in a tax-option corporation, the credit
may be offset only against the tax imposed on the shareholder’s
prorated share of the tax-option corporation’s income.
3. For partners, the credit may be offset only against the tax
imposed on the partner’s distributive share of partnership
income.
4. If a tax-option corporation becomes liable for tax for a taxable year that begins on or after January 1, 1998, the corporation
may offset the credit against the tax due, with any remaining
credit computed for a taxable year that begins on or after January 1, 1998, passing through to the shareholders.
5. If a corporation that is not a tax-option corporation has a
carry-over credit from a taxable year that begins on or after January 1, 1998, and becomes a tax-option corporation before the
credit carried over is used, the unused portion of the credit may
be used by the tax-option corporation’s shareholders on a prorated basis.
6. If the shareholders of a tax-option corporation have carryover credits and the corporation becomes a corporation other than
a tax-option corporation after October 14, 1997, and before the

credits carried over are used, the unused portion of the credits
may be used by the corporation that is not a tax-option
corporation.
7. No credit may be claimed under this subsection for taxable
years that begin after December 31, 2005. For credits that are
claimed but unused under this subsection for taxable years that
begin before January 1, 2006, up to 50 percent may be used in
each of the following 2 taxable years if the taxpayer has $25,000
or less in unused credits as of January 1, 2006. For taxable years
beginning after December 31, 2005, and before January 1, 2008,
a taxpayer who has more than $25,000 in unused credits as of
January 1, 2006, may deduct an amount in each year that is equal
to 50 percent of the amount the taxpayer added back to income
under s. 71.05 (6) (a) at the time that the taxpayer first claimed
the credit or, with regard to credits passed through from a partnership, limited liability company, or tax-option corporation, 50 percent of the amount that the entity added back to its income and
was included in the partner’s, member’s, or shareholder’s Wisconsin net income at the time that the credit was first claimed.
(3t) MANUFACTURING INVESTMENT CREDIT. (a) Definition.
In this subsection, “claimant” means a person who files a claim
under this subsection.
(b) Credit. Subject to the limitations provided in this subsection and in s. 560.28, 2009 stats., for taxable years beginning after
December 31, 2007, a claimant may claim as a credit, amortized
over 15 taxable years starting with the taxable year beginning after December 31, 2007, against the tax imposed under s. 71.02,
up to the amount of the tax, an amount equal to the claimant’s unused credits under s. 71.07 (3s).
(c) Limitations. 1. No credit may be claimed under this subsection unless the claimant submits with the claimant’s return a
copy of the claimant’s certification by the department of commerce under s. 560.28, 2009 stats., except that, with regard to
credits claimed by partners of a partnership, members of a limited liability company, or shareholders of a tax-option corporation, the entity shall provide a copy of its certification under s.
560.28, 2009 stats., to the partner, member, or shareholder to submit with his or her return.
2. Partnerships, limited liability companies, and tax-option
corporations may not claim the credit under this subsection, but
the eligibility for, and the amount of, the credit are based on the
amount of their unused credits under s. 71.07 (3s). A partnership, limited liability company, or tax-option corporation shall
compute the amount of credit that each of its partners, members,
or shareholders may claim and shall provide that information to
each of them. Partners, members of limited liability companies,
and shareholders of tax-option corporations may claim the credit
in proportion to their ownership interest.
(d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it
applies to the credit under s. 71.28 (4), applies to the credit under
this subsection.
2. The amount of any unused credit under this subsection in
any taxable year may be carried forward to subsequent taxable
years, up to 15 taxable years.
(3w) ENTERPRISE ZONE JOBS CREDIT. (a) Definitions. In
this subsection:
1. a. For taxable years beginning before January 1, 2024,
“base year” means the taxable year beginning during the calendar
year prior to the calendar year in which the enterprise zone in
which the claimant is located takes effect.
b. For taxable years beginning after December 31, 2023,
“base year” means the 12-month period immediately preceding
the date on which the claimant is certified under s. 238.399 (5).
2. “Claimant” means a person who is certified to claim tax
benefits under s. 238.399 (5) or s. 560.799 (5), 2009 stats., and
who files a claim under this subsection.
3. a. For taxable years beginning before January 1, 2024,
“full-time employee” means a full-time employee, as defined in
s. 238.399 (1) (am) or s. 560.799 (1) (am), 2009 stats.
b. For taxable years beginning after December 31, 2023,
“full-time employee” means a full-time employee, as defined in
s. 238.399 (1) (ar).
4. “Enterprise zone” means a zone designated under s.
238.399 or s. 560.799, 2009 stats.
5. “State payroll” means the amount of payroll apportioned
to this state, as determined under s. 71.04 (6), 2023 stats.
5d. “Tier I county or municipality” means a tier I county or
municipality, as determined under s. 238.399 or s. 560.799, 2009
stats.
5e. “Tier II county or municipality” means a tier II county or
municipality, as determined under s. 238.399 or s. 560.799, 2009
stats.
5m. “Wages” means wages under section 3306 (b) of the Internal Revenue Code, determined without regard to any dollar
limitations.
6. “Zone payroll” means the amount of state payroll that is
attributable to wages paid to full-time employees based in an enterprise zone. “Zone payroll” does not include the amount of
wages paid to any full-time employees that exceeds $100,000.
(b) Filing claims; payroll. Subject to the limitations provided
in this subsection and s. 238.399 or s. 560.799, 2009 stats., a
claimant may claim as a credit against the tax imposed under s.
71.02 an amount calculated as follows:
1. Determine the amount that is the lesser of:
a. The number of full-time employees whose annual wages
are greater than the amount determined by multiplying 2,080 by
150 percent of the federal minimum wage in a tier I county or
municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in
the taxable year, minus the number of full-time employees whose
annual wages were greater than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a
tier I county or municipality or greater than $30,000 in a tier II
county or municipality and who the claimant employed in the
area that comprises the enterprise zone in the base year.
b. The number of full-time employees whose annual wages
are greater than the amount determined by multiplying 2,080 by
150 percent of the federal minimum wage in a tier I county or
municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the taxable
year, minus the number of full-time employees whose annual
wages were greater than the amount determined by multiplying
2,080 by 150 percent of the federal minimum wage in a tier I
county or municipality or greater than $30,000 in a tier II county
or municipality and who the claimant employed in the state in the
base year.
2. Determine the claimant’s average zone payroll by dividing
total wages for full-time employees whose annual wages are
greater than the amount determined by multiplying 2,080 by 150
percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality
and who the claimant employed in the enterprise zone in the taxable year by the number of full-time employees whose annual
wages are greater than the amount determined by multiplying
2,080 by 150 percent of the federal minimum wage in a tier I
county or municipality or greater than $30,000 in a tier II county
or municipality and who the claimant employed in the enterprise
zone in the taxable year.

3. For employees in a tier I county or municipality, subtract
the amount determined by multiplying 2,080 by 150 percent of
the federal minimum wage from the amount determined under
subd. 2. and for employees in a tier II county or municipality, subtract $30,000 from the amount determined under subd. 2.
4. Multiply the amount determined under subd. 3. by the
amount determined under subd. 1.
5. Multiply the amount determined under subd. 4. by the percentage determined by under s. 238.399 or s. 560.799, 2009
stats., not to exceed 7 percent.
(bm) Filing supplemental claims. 1. In addition to the credits
under par. (b) and subds. 2., 3., and 4., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799,
2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 an amount equal to a percentage, as determined under s. 238.399 or s. 560.799, 2009 stats., not to exceed
100 percent, of the amount the claimant paid in the taxable year
to upgrade or improve the job-related skills of any of the
claimant’s full-time employees, to train any of the claimant’s fulltime employees on the use of job-related new technologies, or to
provide job-related training to any full-time employee whose employment with the claimant represents the employee’s first fulltime job. This subdivision does not apply to employees who do
not work in an enterprise zone.
2. In addition to the credits under par. (b) and subds. 1., 3.,
and 4., and subject to the limitations provided in this subsection
and s. 238.399 or s. 560.799, 2009 stats., a claimant may claim as
a credit against the tax imposed under s. 71.02 an amount equal to
the percentage, as determined under s. 238.399 or s. 560.799,
2009 stats., not to exceed 7 percent, of the claimant’s zone payroll
paid in the taxable year to all of the claimant’s full-time employees whose annual wages are greater than the amount determined
by multiplying 2,080 by 150 percent of the federal minimum
wage in a tier I county or municipality, not including the wages
paid to the employees determined under par. (b) 1. , or greater
than $30,000 in a tier II county or municipality, not including the
wages paid to the employees determined under par. (b) 1., and
who the claimant employed in the enterprise zone in the taxable
year, if the total number of such employees is equal to or greater
than the total number of such employees in the base year. A
claimant may claim a credit under this subdivision for no more
than 5 consecutive taxable years.
3. In addition to the credits under par. (b) and subds. 1., 2.,
and 4., and subject to the limitations provided in this subsection
and s. 238.399 or s. 560.799, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit
against the tax imposed under s. 71.02 up to 10 percent of the
claimant’s significant capital expenditures, as determined under
s. 238.399 (5m) or s. 560.799 (5m), 2009 stats.
4. In addition to the credits under par. (b) and subds. 1., 2.,
and 3., and subject to the limitations provided in this subsection
and s. 238.399 or s. 560.799, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit
against the tax imposed under s. 71.02, up to 1 percent of the
amount that the claimant paid in the taxable year to purchase tangible personal property, items, property, or goods under s. 77.52
(1) (b), (c), or (d), or services from Wisconsin vendors, as determined under s. 238.399 (5) (e) or s. 560.799 (5) (e), 2009 stats.,
except that the claimant may not claim the credit under this subdivision and subd. 3. for the same expenditures.
(c) Limitations. 1. If the allowable amount of the claim under
this subsection exceeds the taxes otherwise due on the claimant’s
income under s. 71.02, the amount of the claim that is not used to
offset those taxes shall be certified by the department of revenue
to the department of administration for payment by check, share
draft, or other draft drawn from the appropriation under s. 20.835
(2) (co). Notwithstanding s. 71.82, no interest shall be paid on
amounts certified under this subdivision.
2. a. Except as provided in subd. 2. b., partnerships, limited
liability companies, and tax-option corporations may not claim
the credit under this subsection, but the eligibility for, and the
amount of, the credit are based on their payment of amounts described under pars. (b) and (bm). A partnership, limited liability
company, or tax-option corporation shall compute the amount of
credit that each of its partners, members, or shareholders may
claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of
tax-option corporations may claim the credit in proportion to
their ownership interests.
b. For taxable years beginning after December 31, 2020,
partnerships, limited liability companies, and tax-option corporations may elect to claim the credit under this subsection, if the
credit results from a contract entered into with the Wisconsin
Economic Development Corporation before December 22, 2017.
A partnership, limited liability company, or tax-option corporation that wishes to make the election under this subd. 2. b. shall
make the election for each taxable year on its original return and
cannot subsequently make or revoke the election. If a partnership, limited liability company, or tax-option corporation elects
to claim the credit under this subsection, the partners, members,
and shareholders cannot claim the credit under this subsection.
The credit cannot be claimed under this subd. 2. b. if one or more
partners, members, or shareholders have claimed the credit under
this subsection for the same taxable year for which the credit is
claimed under this subd. 2. b.
3. No credit may be allowed under this subsection unless the
claimant includes with the claimant’s return a copy of the
claimant’s certification for tax benefits under s. 238.399 (5) or
(5m) or s. 560.799 (5) or (5m), 2009 stats.
4. No claimant may claim a credit under this subsection if the
basis for which the credit is claimed is also the basis for which
another credit is claimed under this subchapter.
(d) Administration. Section 71.28 (4) (g) and (h), as it applies
to the credit under s. 71.28 (4), applies to the credit under this
subsection. Claimants shall include with their returns a copy of
their certification for tax benefits, and a copy of the verification
of their expenses, from the department of commerce or the Wisconsin Economic Development Corporation.
(3wm) ELECTRONICS AND INFORMATION TECHNOLOGY
MANUFACTURING ZONE CREDIT. (a) Definitions. In this
subsection:
1. “Claimant” means a person who is certified to claim tax
benefits under s. 238.396 (3) and who files a claim under this
subsection.
2. “Full-time employee” means an individual who is employed in a job for which the annual pay is at least $30,000 and
who is offered retirement, health, and other benefits that are
equivalent to the retirement, health, and other benefits offered to
an individual who is required to work at least 2,080 hours per
year.
3. “State payroll” means the amount of payroll apportioned
to this state, as determined under s. 71.25 (8) [s. 71.25 (8), 2023
stats.].
4. “Wages” means wages under section 3306 (b) of the Internal Revenue Code, determined without regard to any dollar
limitations.
5. “Zone” means a zone designated under s. 238.396 (1m).
6. “Zone payroll” means the amount of state payroll that is
attributable to wages paid by the claimant to full-time employees

for services that are performed in the zone or that are performed
outside the zone, but within the state, and for the benefit of the
operations within the zone, as determined by the Wisconsin Economic Development Corporation. “Zone payroll” does not include the amount of wages paid to any full-time employees that
exceeds $100,000.
(b) Filing claims; payroll. Subject to the limitations provided
in this subsection and s. 238.396, a claimant may claim as a credit
against the tax imposed under s. 71.02 an amount calculated as
follows:
1. Determine the zone payroll for the taxable year for fulltime employees employed by the claimant.
2. Multiply the amount determined under subd. 1. by 17
percent.
(bm) Filing supplemental claims. In addition to claiming the
credit under par. (b), and subject to the limitations under this subsection and s. 238.396, a claimant may claim as a credit against
the tax imposed under s. 71.02 up to 15 percent of the claimant’s
significant capital expenditures in the zone in the taxable year, as
determined under s. 238.396 (3m).
(c) Limitations. 1. Partnerships, limited liability companies,
and tax-option corporations may not claim the credit under this
subsection, but the eligibility for, and the amount of, the credit are
based on their payment of amounts described under pars. (b) and
(bm). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that
information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may
claim the credit in proportion to their ownership interests.
2. No credit may be allowed under this subsection unless the
claimant includes with the claimant’s return a copy of the
claimant’s certification for tax benefits under s. 238.396 (3).
3. The Wisconsin Economic Development Corporation may
recover credits claimed under this paragraph that are revoked or
otherwise invalid from the partnership, limited liability company,
or tax-option corporation or from the individual partner, member,
or shareholder.
(d) Administration. 1. Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under
this subsection.
2. If the allowable amount of the claim under this subsection
exceeds the taxes otherwise due on the claimant’s income under
s. 71.02, the amount of the claim that is not used to offset those
taxes shall be certified by the department of revenue to the department of administration for payment by check, share draft, or
other draft drawn from the appropriation under s. 20.835 (2) (cp).
Notwithstanding s. 71.82, no interest shall be paid on amounts
certified under this subdivision.
(3y) BUSINESS DEVELOPMENT CREDIT. (a) Definitions. In
this subsection:
1. “Claimant” means a person certified to receive tax benefits under s. 238.308.
2. “Eligible employee” has the meaning given in s. 238.308
(1) (a).
(b) Filing claims. Subject to the limitations provided in this
subsection and s. 238.308, for taxable years beginning after December 31, 2015, a claimant may claim as a credit against the tax
imposed under s. 71.02 all of the following:
1. The amount of wages that the claimant paid to an eligible
employee in the taxable year, not to exceed 10 percent of such
wages, as determined by the Wisconsin Economic Development
Corporation under s. 238.308.
2. In addition to any amount claimed for an eligible employee
under subd. 1., the amount of wages that the claimant paid to the
eligible employee in the taxable year, not to exceed 5 percent of
such wages, if the eligible employee is employed in an economically distressed area, as determined by the Wisconsin Economic
Development Corporation.
3. The amount of training costs that the claimant incurred
under s. 238.308 (4) (a) 3., not t

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