Wisconsin Code § 76.636

Credit for certain development zone activities
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(1) DEFINITIONS. In this section:
(a) “Brownfield” means an industrial or commercial facility
in which expansion or redevelopment is complicated by environmental contamination.
(b) “Development zone” means any of the following:
1. A development zone under s. 238.30 or s. 560.70, 2009
stats.
2. 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.].
3. 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.].
4. 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.].
(c) “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 re-

moval, containment, or restoration fulfills the requirement under
s. 71.47 (1de) (a) 1. , 2013 stats., unless an investigation of the
property determines that remediation is required and that remediation is not undertaken.
(d) “Full-time job” has the meaning given in s. 238.30 (2m).
(e) “Member of a targeted group” means any of the following,
if the person has been certified in the manner under s. 71.47 (1dj)
(am) 3., 2013 stats., by a designated local agency, as defined in s.
71.47 (1dj) (am) 2., 2013 stats.:
1. A person who resides in an area designated by the federal
government as an economic revitalization area.
2. 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.
3. 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).
4. A person who is eligible for child care assistance under s.
49.155.
5. A person who is a vocational rehabilitation referral.
6. An economically disadvantaged youth.
7. An economically disadvantaged veteran.
8. A supplemental security income recipient.
9. A general assistance recipient.
10. An economically disadvantaged ex-convict.
11. A qualified summer youth employee, as defined in 26
USC 51 (d) (7).
12. A dislocated worker, as defined in 29 USC 2801 (9).
13. A food stamp recipient.
(2) CREDITS. Except as provided 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 an insurer is entitled under s. 238.395 or s. 560.795 (3), 2009 stats., [s.
560.795 (3), 2009 stats., or s. 238.395, 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.,]
the insurer may claim as a credit against the fees due under s.
76.60, 76.63, 76.65, 76.66, or 76.67 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.
(a) Fifty percent of the amount expended for environmental
remediation in a development zone.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(3) CARRY-FORWARD. If the credit under sub. (2) is not entirely offset against the fees under s. 76.60, 76.63, 76.65, 76.66,
or 76.67 otherwise due, the unused balance may be carried forward and credited against those fees for the following 15 years to
the extent that it is not offset by those fees otherwise due in all the
years between the year in which the expense was made and the
year in which the carry-forward credit is claimed.
(4) 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 do any
of the following:
238.365, 238.395, 238.397, and 238.398 were repealed by 2025 Wis. Act 118 .
Corrective legislation is pending.
(a) Claim credits under this section for any of the following:
1. The taxable year that includes the day on which the certification is revoked.
2. The taxable year that includes the day on which the person
becomes ineligible for tax benefits.
3. Succeeding taxable years.
(b) Carry over unused credits from previous years to offset the
fees under s. 76.60, 76.63, 76.65, 76.66, or 76.67 for any of the
following:
1. The taxable year that includes the day on which certification is revoked.
2. The taxable year that includes the day on which the person
becomes ineligible for tax benefits.
3. Succeeding taxable years.
(5) 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.
(6) ADMINISTRATION. Any insurer who claims a credit under
sub. (2) shall include with the insurer’s annual return under s.
76.64 a copy of its certification for tax benefits and a copy of its
verification of expenses from the department of commerce or the
Wisconsin Economic Development Corporation.

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