76.636 Credit for certain development zone activities.
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76.636 Credit for certain development zone activities.
(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.].
76.636 Note NOTE: The correct cross-reference is shown in brackets. Section 238.395 was repealed by 2025 Wis. Act 118 . Corrective legislation is pending.
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.].
76.636 Note NOTE: The correct cross-reference is shown in brackets. Section 238.397 was repealed by 2025 Wis. Act 118 . Corrective legislation is pending.
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.].
76.636 Note NOTE: The correct cross-reference is shown in brackets. Section 238.398 was repealed by 2025 Wis. Act 118 . Corrective legislation is pending.
(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 removal, containment, or restoration fulfills the requirement under s. 71.47
(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
(am)3. , 2013 stats., by a designated local agency, as defined in s. 71.47
(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
(n), 2011 stats., or in a trial employment match program job, as defined in s. 49.141
(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:
76.636 Note NOTE: The correct cross-references are shown in brackets. Sections 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
(b)or s. 560.785
(b), 2009 stats., [s. 560.785
(b), 2009 stats., or s. 238.385
(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
(a)for those jobs.
76.636 Note NOTE: The correct cross-reference is shown in brackets. Section 238.385 was repealed by 2025 Wis. Act 118 . Corrective legislation is pending.
(c)The amount determined by multiplying the amount determined under s. 238.385
(c)or s. 560.785
(c), 2009 stats., [s. 560.785
(c), 2009 stats., or s. 238.385
(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
(a)for those jobs.
76.636 Note NOTE: The correct cross-reference is shown in brackets. Section 238.385 was repealed by 2025 Wis. Act 118 . Corrective legislation is pending.
(d)The amount determined by multiplying the amount determined under s. 238.385
(bm)or s. 560.785
(bm), 2009 stats., [s. 560.785
(bm), 2009 stats., or s. 238.385
(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
(a)for those jobs.
76.636 Note NOTE: The correct cross-references are shown in brackets. Sections 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
(c)or s. 560.785
(c), 2009 stats., [s. 560.785
(c), 2009 stats., or s. 238.385
(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
(a)for those jobs.
76.636 Note NOTE: The correct cross-references are shown in brackets. Section 238.385 was repealed by 2025 Wis. Act 118 . Corrective legislation is pending.
(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:
76.636 Note NOTE: The correct cross-references are shown in brackets. Sections 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.