Wisconsin Legislative Council ACT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Prepared by: Ethan Lauer, Senior Staff Attorney April 1, 2024 2023 Wisconsin Act 144 [2023 Assembly Bill 932] Qualified New Business Venture Criteria BACKGROUND The Wisconsin Economic Development Corporation (WEDC) administers a program in which it may certify a business as a Qualified New Business Venture (QNBV) for purposes of the angel investment tax credit and the early stage seed investment tax credit. WEDC may certify or recertify a business as a QNBV only if the business meets several criteria. Under prior law, a business could meet one of those criteria by doing either of the following: Engaging in, or committing to engage in, innovation in any of the following: o Manufacturing, biotechnology, nanotechnology, communications, agriculture, or clean energy creation or storage technology. o Processing or assembling certain innovative technology products or other products that are produced using manufacturing methods that are enabled by applying differentiating technology. o Services that are enabled by applying differentiating technology. Undertaking pre-commercialization activity related to differentiating technology that includes conducting research, developing a new product or business process, or developing a service that is principally reliant on applying differentiating technology. 2023 WISCONSIN ACT 144 2023 Wisconsin Act 144 modifies the first item listed above. Under Act 144, a business may meet the criterion for certification or recertification as a QNBV if the business engages in, or commits to engage in, innovation, if the innovation involves the development of a differentiating technology, product, service, or production process. Alternatively, a business may meet the criterion using the second item listed above, which is unaffected by Act 144. Effective date: March 23, 2024 For a full history of the bill, visit the Legislature’s bill history page. EL:jal