Wisconsin Assembly Bill AB1217

Wisconsin 2023-2024 Regular Session

• Introduced: 4/11/24
• Refer: 4/11/24
• Failed: 4/15/24

Caption

Creating an employee ownership conversion costs tax credit and an exemption for capital gains from the transfer of a business to employee ownership. (FE)

Impact

The proposed legislation could have substantial implications for state tax law, particularly concerning business transitions. The creation of a capital gains tax exemption on the sale of businesses to employee-owned structures, contingent upon entering a labor peace agreement, aims to facilitate a smoother transition for ownership. Businesses must also meet specific qualifications to receive these credits, fostering a more supportive environment for cooperative structures and potentially influencing economic ownership patterns across the state.

Summary

Assembly Bill 1217 aims to promote employee ownership of businesses in Wisconsin by providing significant tax incentives for businesses that convert to employee-owned structures. Specifically, the bill offers a nonrefundable income tax credit equal to 70% of the conversion costs for businesses becoming worker-owned cooperatives or 50% for those transitioning to employee stock ownership plans or employee ownership trusts. Each business can claim up to $100,000 in credits. These provisions are designed to encourage local businesses to consider employee ownership as a viable option for maintaining operations and enhancing worker engagement.

Contention

Notably, the bill has sparked discussions related to labor agreements, as the tax benefits hinge on businesses entering a labor peace agreement with their workers' representatives. Some concerns have been raised regarding the implications of these requirements on small businesses and their ability to comply with this stipulation. Additionally, the limitation of the credit to a maximum of $5 million allocated annually could raise debates on equity and accessibility, particularly for smaller players in the market. Critics may also voice concerns regarding the overall efficacy of such incentives in altering ownership structures without considering the broader economic context.