Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB204 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 2025 - 2026 LEGISLATURE
22 LRB-2074/1
33 KP:cdc
44 2025 ASSEMBLY BILL 204
55 April 23, 2025 - Introduced by Representatives MOSES, ZIMMERMAN, GOODWIN,
66 GUNDRUM, CALLAHAN, SWEARINGEN and BEHNKE, cosponsored by Senators
77 TESTIN and FEYEN. Referred to Committee on Science, Technology, and AI.
88
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to amend 71.05 (6) (a) 15., 71.10 (4) (i), 71.21 (4) (a), 71.21 (6) (d) 3.,
1111 71.26 (2) (a) 4., 71.30 (3) (f), 71.34 (1k) (g), 71.365 (4m) (d) 2., 71.45 (2) (a) 10.
1212 and 71.49 (1) (f); to create 20.835 (2) (de), 71.07 (12), 71.28 (12), 71.47 (12) and
1313 73.03 (78) of the statutes; relating to: creating a video game production tax
1414 credit and making an appropriation.
1515 Analysis by the Legislative Reference Bureau
1616 This bill creates a refundable video game production income and franchise tax
1717 credit. The credit is equal to the sum of the following: 1) 30 percent of the eligible
1818 wages paid by the claimant directly relating to developing, producing, or creating a
1919 video game product; and 2) 30 percent of the claimant[s eligible expenditures
2020 directly relating to developing, producing, or creating a video game product. Under
2121 the bill, Xvideo game productY means, subject to certain exceptions, an electronic
2222 game developed for commercial distribution and entertainment that involves
2323 interaction with a used interface to generate visual feedback on a video device.
2424 XVideo game productY does not include social media, gambling products, or products
2525 with obscene content. The bill also defines Xeligible expendituresY as expenditures
2626 directly relating to developing, producing, or creating a video game product but
2727 excludes various specified expenditures, such as payments for royalties, capital
2828 expenditures, management and administrative expenses, marketing expenses, and
2929 1
3030 2
3131 3
3232 4
3333 5 2025 - 2026 Legislature
3434 ASSEMBLY BILL 204
3535 - 2 - LRB-2074/1
3636 KP:cdc
3737 SECTION 1
3838 interest. To claim the credit for a tax year, a person must file an application with
3939 the Department of Revenue and receive a certificate of eligibility for the credit. To
4040 receive a certificate, an applicant must submit an audit of its eligible expenditures
4141 to DOR. The credit under the bill is refundable, which means that if the credit
4242 exceeds the claimant[s tax liability, the claimant will receive the difference as a
4343 refund check.
4444 For further information see the state fiscal estimate, which will be printed as
4545 an appendix to this bill.
4646 The people of the state of Wisconsin, represented in senate and assembly, do
4747 enact as follows:
4848 SECTION 1. 20.835 (2) (de) of the statutes is created to read:
4949 20.835 (2) (de) Video game production credit. A sum sufficient to make the
5050 payments under ss. 71.07 (12), 71.28 (12), and 71.47 (12).
5151 SECTION 2. 71.05 (6) (a) 15. of the statutes is amended to read:
5252 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dm),
5353 (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5i), (5j), (5k),
5454 (5r), (5rm), (6n), and (10), and (12) and not passed through by a partnership, limited
5555 liability company, or tax-option corporation that has added that amount to the
5656 partnership[s, company[s, or tax-option corporation[s income under s. 71.21 (4) or
5757 71.34 (1k) (g).
5858 SECTION 3. 71.07 (12) of the statutes is created to read:
5959 71.07 (12) VIDEO GAME PRODUCTION CREDIT. (a) Definitions. In this
6060 subsection:
6161 1. XClaimantY means a person certified under s. 73.03 (78).
6262 2. XEligible expendituresY means amounts paid by the claimant directly
6363 relating to qualifying activities in this state, excluding any of the following:
6464 a. Wages.
6565 1
6666 2
6767 3
6868 4
6969 5
7070 6
7171 7
7272 8
7373 9
7474 10
7575 11
7676 12
7777 13
7878 14
7979 15
8080 16
8181 17 2025 - 2026 Legislature
8282 ASSEMBLY BILL 204
8383 - 3 - LRB-2074/1
8484 KP:cdc
8585 SECTION 3
8686 b. Expenditures used to claim another credit under this chapter.
8787 c. Amounts paid to a person certified to receive a credit under this subsection
8888 or s. 71.28 (12) or 71.47 (12).
8989 d. Amounts paid to persons as a result of their participation in profits from
9090 video game production, such as commissions, royalties, or profit-sharing
9191 agreements.
9292 e. Amounts paid for capital expenditures, such as buildings and equipment.
9393 f. Amounts paid to purchase a copyright, trademark, or tradename.
9494 g. Amounts paid for management or other administrative activities.
9595 h. Amounts paid for marketing, promotion, or distribution.
9696 i. Amounts paid for food or entertainment.
9797 j. Interest paid on loans or other credit arrangements.
9898 3. XEligible wagesY means wages paid by the claimant directly relating to
9999 qualifying activities in this state.
100100 4. XQualifying activitiesY means developing, producing, or creating a video
101101 game product or platform.
102102 5. XVideo game product or platformY means an electronic game developed for
103103 commercial distribution and entertainment that involves interaction with a user
104104 interface to generate visual feedback on a video device. XVideo game product or
105105 platformY does not include any of the following:
106106 a. A product or platform that contains content in violation of s. 944.21.
107107 b. A product or platform designed for political, religious, or educational
108108 purposes.
109109 1
110110 2
111111 3
112112 4
113113 5
114114 6
115115 7
116116 8
117117 9
118118 10
119119 11
120120 12
121121 13
122122 14
123123 15
124124 16
125125 17
126126 18
127127 19
128128 20
129129 21
130130 22
131131 23 2025 - 2026 Legislature
132132 ASSEMBLY BILL 204
133133 - 4 - LRB-2074/1
134134 KP:cdc
135135 SECTION 3
136136 c. A product or platform regulated under chs. 562 to 569.
137137 d. A product or platform designed to provide information about one or more
138138 individuals or businesses, such as marketing and promotional websites or
139139 microsites.
140140 e. A product or platform designed for social media or interpersonal
141141 communications, such as podcasting, interactive advertising, journalism, video
142142 conferencing, wireless telecommunications, text-based channels, chat rooms, or
143143 broadcast or streamed viewing enhancements.
144144 f. A product or platform designed to stream linear media such as audio, video,
145145 or pictures.
146146 g. Small-scale electronic games embedded and used exclusively in advertising.
147147 6. XWagesY means wages, as defined in s. 71.63 (6), that are subject to
148148 withholding under subch. X and for which a statement under s. 71.65 (1) is
149149 furnished.
150150 (b) Filing claims. Subject to the limitations provided in this subsection, for
151151 taxable years beginning after December 31, 2024, a claimant may claim as a credit
152152 against the tax imposed under s. 71.02 any of the following amounts:
153153 1. An amount equal to 30 percent of the eligible wages paid by the person in
154154 the taxable year.
155155 2. An amount equal to 30 percent of the eligible expenditures incurred by the
156156 claimant in the taxable year.
157157 (c) Limitations. 1. No credit may be allowed under this subsection unless the
158158 claimant files an application with the department, at the time and in the manner
159159 1
160160 2
161161 3
162162 4
163163 5
164164 6
165165 7
166166 8
167167 9
168168 10
169169 11
170170 12
171171 13
172172 14
173173 15
174174 16
175175 17
176176 18
177177 19
178178 20
179179 21
180180 22
181181 23 2025 - 2026 Legislature
182182 ASSEMBLY BILL 204
183183 - 5 - LRB-2074/1
184184 KP:cdc
185185 SECTION 3
186186 prescribed by the department, and the department approves the application. The
187187 claimant shall submit a copy of the approved application with the claimant[s
188188 return.
189189 2. No credit may be allowed under this subsection unless the claimant retains
190190 at the claimant[s sole expense a certified public accountant licensed under ch. 442
191191 to review and certify to the department the total eligible expenditures incurred and
192192 total eligible wages paid in the taxable and to conduct the audit required under s.
193193 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be
194194 performed by a certified public accountant that is part of an accounting entity that
195195 is not determined by the department to be independent of the claimant, consistent
196196 with s. 442.10 and as provided in the code of professional conduct of the American
197197 Institute of Certified Public Accountants, or its successor organization, or as
198198 otherwise determined by the department. The certified public accountant shall do
199199 all of the following:
200200 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules
201201 promulgated by the department.
202202 b. Verify each reported expenditure that is included in the audit and identify
203203 and exclude each expenditure that does not satisfy this subsection.
204204 3. Eligible expenditures incurred and eligible wages paid by a tax-option
205205 corporation, partnership, or limited liability company that is treated as a
206206 partnership may be claimed as a credit under this subsection by that corporation[s
207207 shareholders, that partnership[s partners, or that limited liability company[s
208208 members who are residents of this state and who otherwise qualify under this
209209 1
210210 2
211211 3
212212 4
213213 5
214214 6
215215 7
216216 8
217217 9
218218 10
219219 11
220220 12
221221 13
222222 14
223223 15
224224 16
225225 17
226226 18
227227 19
228228 20
229229 21
230230 22
231231 23 2025 - 2026 Legislature
232232 ASSEMBLY BILL 204
233233 - 6 - LRB-2074/1
234234 KP:cdc
235235 SECTION 3
236236 subsection, unless the tax-option corporation, partnership, or limited liability
237237 company has made an election under s. 71.21 (6) (a) or 71.365 (4m) (a).
238238 4. If a tax-option corporation, partnership, or limited liability company makes
239239 an election under s. 71.21 (6) (a) or 71.365 (4m) (a), that tax-option corporation,
240240 partnership, or limited liability company may claim the credit under this
241241 subsection.
242242 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
243243 credit under s. 71.28 (4), applies to the credits under this subsection.
244244 2. If the allowable amount of the claim under par. (b) exceeds the tax
245245 otherwise due under this chapter or no tax is due under this chapter, the amount of
246246 the claim not used to offset the tax due shall be certified by the department of
247247 revenue to the department of administration for payment by check, share draft, or
248248 other draft drawn from the appropriation account under s. 20.835 (2) (de).
249249 Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified
250250 under this subdivision.
251251 SECTION 4. 71.10 (4) (i) of the statutes is amended to read:
252252 71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland
253253 preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
254254 beyond under s. 71.613, homestead credit under subch. VIII, jobs tax credit under s.
255255 71.07 (3q), business development credit under s. 71.07 (3y), research credit under s.
256256 71.07 (4k) (e) 2. a., veterans and surviving spouses property tax credit under s.
257257 71.07 (6e), enterprise zone jobs credit under s. 71.07 (3w), electronics and
258258 information technology manufacturing zone credit under s. 71.07 (3wm), earned
259259 1
260260 2
261261 3
262262 4
263263 5
264264 6
265265 7
266266 8
267267 9
268268 10
269269 11
270270 12
271271 13
272272 14
273273 15
274274 16
275275 17
276276 18
277277 19
278278 20
279279 21
280280 22
281281 23 2025 - 2026 Legislature
282282 ASSEMBLY BILL 204
283283 - 7 - LRB-2074/1
284284 KP:cdc
285285 SECTION 4
286286 income tax credit under s. 71.07 (9e), video game production credit under s. 71.07
287287 (12), estimated tax payments under s. 71.09, and taxes withheld under subch. X.
288288 SECTION 5. 71.21 (4) (a) of the statutes is amended to read:
289289 71.21 (4) (a) The amount of the credits computed by a partnership under s.
290290 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n),
291291 (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10), and (12) and passed through to
292292 partners shall be added to the partnership[s income.
293293 SECTION 6. 71.21 (6) (d) 3. of the statutes is amended to read:
294294 71.21 (6) (d) 3. Except as provided in s. 71.07 (7) (b) 3. and (12) (c) 4., the tax
295295 credits under this chapter may not be claimed by the partnership.
296296 SECTION 7. 71.26 (2) (a) 4. of the statutes is amended to read:
297297 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm),
298298 (1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (5g), (5i), (5j), (5k), (5r),
299299 (5rm), (6n), and (10), and (12) and not passed through by a partnership, limited
300300 liability company, or tax-option corporation that has added that amount to the
301301 partnership[s, limited liability company[s, or tax-option corporation[s income under
302302 s. 71.21 (4) or 71.34 (1k) (g).
303303 SECTION 8. 71.28 (12) of the statutes is created to read:
304304 71.28 (12) VIDEO GAME PRODUCTION CREDIT. (a) Definitions. In this
305305 subsection:
306306 1. XClaimantY means a person certified under s. 73.03 (78).
307307 2. XEligible expendituresY means amounts paid by the claimant directly
308308 relating to qualifying activities in this state, excluding any of the following:
309309 a. Wages.
310310 1
311311 2
312312 3
313313 4
314314 5
315315 6
316316 7
317317 8
318318 9
319319 10
320320 11
321321 12
322322 13
323323 14
324324 15
325325 16
326326 17
327327 18
328328 19
329329 20
330330 21
331331 22
332332 23
333333 24 2025 - 2026 Legislature
334334 ASSEMBLY BILL 204
335335 - 8 - LRB-2074/1
336336 KP:cdc
337337 SECTION 8
338338 b. Expenditures used to claim another credit under this chapter.
339339 c. Amounts paid to a person certified to receive a credit under this subsection
340340 or s. 71.07 (12) or 71.47 (12).
341341 d. Amounts paid to persons as a result of their participation in profits from
342342 video game production, such as commissions, royalties, or profit-sharing
343343 agreements.
344344 e. Amounts paid for capital expenditures, such as buildings and equipment.
345345 f. Amounts paid to purchase a copyright, trademark, or tradename.
346346 g. Amounts paid for management or other administrative activities.
347347 h. Amounts paid for marketing, promotion, or distribution.
348348 i. Amounts paid for food or entertainment.
349349 j. Interest paid on loans or other credit arrangements.
350350 3. XEligible wagesY means wages paid by the claimant directly relating to
351351 qualifying activities in this state.
352352 4. XQualifying activitiesY means developing, producing, or creating a video
353353 game product or platform.
354354 5. XVideo game product or platformY means an electronic game developed for
355355 commercial distribution and entertainment that involves interaction with a user
356356 interface to generate visual feedback on a video device. XVideo game product or
357357 platformY does not include any of the following:
358358 a. A product or platform that contains content in violation of s. 944.21.
359359 b. A product or platform designed for political, religious, or educational
360360 purposes.
361361 1
362362 2
363363 3
364364 4
365365 5
366366 6
367367 7
368368 8
369369 9
370370 10
371371 11
372372 12
373373 13
374374 14
375375 15
376376 16
377377 17
378378 18
379379 19
380380 20
381381 21
382382 22
383383 23 2025 - 2026 Legislature
384384 ASSEMBLY BILL 204
385385 - 9 - LRB-2074/1
386386 KP:cdc
387387 SECTION 8
388388 c. A product or platform regulated under chs. 562 to 569.
389389 d. A product or platform designed to provide information about one or more
390390 individuals or businesses, such as marketing and promotional websites or
391391 microsites.
392392 e. A product or platform designed for social media or interpersonal
393393 communications, such as podcasting, interactive advertising, journalism, video
394394 conferencing, wireless telecommunications, text-based channels, chat rooms, or
395395 broadcast or streamed viewing enhancements.
396396 f. A product or platform designed to stream linear media such as audio, video,
397397 or pictures.
398398 g. Small-scale electronic games embedded and used exclusively in advertising.
399399 6. XWagesY means wages, as defined in s. 71.63 (6), that are subject to
400400 withholding under subch. X and for which a statement under s. 71.65 (1) is
401401 furnished.
402402 (b) Filing claims. Subject to the limitations provided in this subsection, for
403403 taxable years beginning after December 31, 2024, a claimant may claim as a credit
404404 against the tax imposed under s. 71.23 any of the following amounts:
405405 1. An amount equal to 30 percent of the eligible wages paid by the person in
406406 the taxable year.
407407 2. An amount equal to 30 percent of the eligible expenditures incurred by the
408408 claimant in the taxable year.
409409 (c) Limitations. 1. No credit may be allowed under this subsection unless the
410410 claimant files an application with the department, at the time and in the manner
411411 1
412412 2
413413 3
414414 4
415415 5
416416 6
417417 7
418418 8
419419 9
420420 10
421421 11
422422 12
423423 13
424424 14
425425 15
426426 16
427427 17
428428 18
429429 19
430430 20
431431 21
432432 22
433433 23 2025 - 2026 Legislature
434434 ASSEMBLY BILL 204
435435 - 10 - LRB-2074/1
436436 KP:cdc
437437 SECTION 8
438438 prescribed by the department, and the department approves the application. The
439439 claimant shall submit a copy of the approved application with the claimant[s
440440 return.
441441 2. No credit may be allowed under this subsection unless the claimant retains
442442 at the claimant[s sole expense a certified public accountant licensed under ch. 442
443443 to review and certify to the department the total eligible expenditures incurred and
444444 total eligible wages paid in the taxable and to conduct the audit required under s.
445445 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be
446446 performed by a certified public accountant that is part of an accounting entity that
447447 is not determined by the department to be independent of the claimant, consistent
448448 with s. 442.10 and as provided in the code of professional conduct of the American
449449 Institute of Certified Public Accountants, or its successor organization, or as
450450 otherwise determined by the department. The certified public accountant shall do
451451 all of the following:
452452 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules
453453 promulgated by the department.
454454 b. Verify each reported expenditure that is included in the audit and identify
455455 and exclude each expenditure that does not satisfy this subsection.
456456 (d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
457457 under sub. (4), applies to the credits under this subsection.
458458 2. If the allowable amount of the claim under par. (b) exceeds the tax
459459 otherwise due under this chapter or no tax is due under this chapter, the amount of
460460 the claim not used to offset the tax due shall be certified by the department of
461461 1
462462 2
463463 3
464464 4
465465 5
466466 6
467467 7
468468 8
469469 9
470470 10
471471 11
472472 12
473473 13
474474 14
475475 15
476476 16
477477 17
478478 18
479479 19
480480 20
481481 21
482482 22
483483 23 2025 - 2026 Legislature
484484 ASSEMBLY BILL 204
485485 - 11 - LRB-2074/1
486486 KP:cdc
487487 SECTION 8
488488 revenue to the department of administration for payment by check, share draft, or
489489 other draft drawn from the appropriation account under s. 20.835 (2) (de).
490490 Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified
491491 under this subdivision.
492492 SECTION 9. 71.30 (3) (f) of the statutes is amended to read:
493493 71.30 (3) (f) The total of farmland preservation credit under subch. IX, jobs
494494 credit under s. 71.28 (3q), enterprise zone jobs credit under s. 71.28 (3w), electronics
495495 and information technology manufacturing zone credit under s. 71.28 (3wm),
496496 business development credit under s. 71.28 (3y), research credit under s. 71.28 (4)
497497 (k) 1., video game production credit under s. 71.28 (12), and estimated tax
498498 payments under s. 71.29.
499499 SECTION 10. 71.34 (1k) (g) of the statutes is amended to read:
500500 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
501501 corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3q), (3t), (3w),
502502 (3wm), (3y), (4), (5), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10), and (12) and
503503 passed through to shareholders.
504504 SECTION 11. 71.365 (4m) (d) 2. of the statutes is amended to read:
505505 71.365 (4m) (d) 2. Except as provided in s. 71.07 (7) (b) 3. and (12) (c) 4., the
506506 tax credits under this chapter may not be claimed by the tax-option corporation.
507507 SECTION 12. 71.45 (2) (a) 10. of the statutes is amended to read:
508508 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
509509 computed under s. 71.47 (1dm) to (1dy), (3g), (3h), (3n), (3q), (3w), (3y), (5g), (5i),
510510 (5j), (5k), (5r), (5rm), (6n), and (10), and (12) and not passed through by a
511511 partnership, limited liability company, or tax-option corporation that has added
512512 1
513513 2
514514 3
515515 4
516516 5
517517 6
518518 7
519519 8
520520 9
521521 10
522522 11
523523 12
524524 13
525525 14
526526 15
527527 16
528528 17
529529 18
530530 19
531531 20
532532 21
533533 22
534534 23
535535 24 2025 - 2026 Legislature
536536 ASSEMBLY BILL 204
537537 - 12 - LRB-2074/1
538538 KP:cdc
539539 SECTION 12
540540 that amount to the partnership[s, limited liability company[s, or tax-option
541541 corporation[s income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit
542542 computed under s. 71.47 (3), (3t), (4), (4m), and (5).
543543 SECTION 13. 71.47 (12) of the statutes is created to read:
544544 71.47 (12) VIDEO GAME PRODUCTION CREDIT. (a) Definitions. In this
545545 subsection:
546546 1. XClaimantY means a person certified under s. 73.03 (78).
547547 2. XEligible expendituresY means amounts paid by the claimant directly
548548 relating to qualifying activities in this state, excluding any of the following:
549549 a. Wages.
550550 b. Expenditures used to claim another credit under this chapter.
551551 c. Amounts paid to a person certified to receive a credit under this subsection
552552 or s. 71.07 (12) or 71.28 (12).
553553 d. Amounts paid to persons as a result of their participation in profits from
554554 video game production, such as commissions, royalties, or profit-sharing
555555 agreements.
556556 e. Amounts paid for capital expenditures, such as buildings and equipment.
557557 f. Amounts paid to purchase a copyright, trademark, or tradename.
558558 g. Amounts paid for management or other administrative activities.
559559 h. Amounts paid for marketing, promotion, or distribution.
560560 i. Amounts paid for food or entertainment.
561561 j. Interest paid on loans or other credit arrangements.
562562 1
563563 2
564564 3
565565 4
566566 5
567567 6
568568 7
569569 8
570570 9
571571 10
572572 11
573573 12
574574 13
575575 14
576576 15
577577 16
578578 17
579579 18
580580 19
581581 20
582582 21
583583 22 2025 - 2026 Legislature
584584 ASSEMBLY BILL 204
585585 - 13 - LRB-2074/1
586586 KP:cdc
587587 SECTION 13
588588 3. XEligible wagesY means wages paid by the claimant directly relating to
589589 qualifying activities in this state.
590590 4. XQualifying activitiesY means developing, producing, or creating a video
591591 game product or platform.
592592 5. XVideo game product or platformY means an electronic game developed for
593593 commercial distribution and entertainment that involves interaction with a user
594594 interface to generate visual feedback on a video device. XVideo game product or
595595 platformY does not include any of the following:
596596 a. A product or platform that contains content in violation of s. 944.21.
597597 b. A product or platform designed for political, religious, or educational
598598 purposes.
599599 c. A product or platform regulated under chs. 562 to 569.
600600 d. A product or platform designed to provide information about one or more
601601 individuals or businesses, such as marketing and promotional websites or
602602 microsites.
603603 e. A product or platform designed for social media or interpersonal
604604 communications, such as podcasting, interactive advertising, journalism, video
605605 conferencing, wireless telecommunications, text-based channels, chat rooms, or
606606 broadcast or streamed viewing enhancements.
607607 f. A product or platform designed to stream linear media such as audio, video,
608608 or pictures.
609609 g. Small-scale electronic games embedded and used exclusively in advertising.
610610 6. XWagesY means wages, as defined in s. 71.63 (6), that are subject to
611611 1
612612 2
613613 3
614614 4
615615 5
616616 6
617617 7
618618 8
619619 9
620620 10
621621 11
622622 12
623623 13
624624 14
625625 15
626626 16
627627 17
628628 18
629629 19
630630 20
631631 21
632632 22
633633 23 2025 - 2026 Legislature
634634 ASSEMBLY BILL 204
635635 - 14 - LRB-2074/1
636636 KP:cdc
637637 SECTION 13
638638 withholding under subch. X and for which a statement under s. 71.65 (1) is
639639 furnished.
640640 (b) Filing claims. Subject to the limitations provided in this subsection, for
641641 taxable years beginning after December 31, 2024, a claimant may claim as a credit
642642 against the tax imposed under s. 71.43 any of the following amounts:
643643 1. An amount equal to 30 percent of the eligible wages paid by the person in
644644 the taxable year.
645645 2. An amount equal to 30 percent of the eligible expenditures incurred by the
646646 claimant in the taxable year.
647647 (c) Limitations. 1. No credit may be allowed under this subsection unless the
648648 claimant files an application with the department, at the time and in the manner
649649 prescribed by the department, and the department approves the application. The
650650 claimant shall submit a copy of the approved application with the claimant[s
651651 return.
652652 2. No credit may be allowed under this subsection unless the claimant retains
653653 at the claimant[s sole expense a certified public accountant licensed under ch. 442
654654 to review and certify to the department the total eligible expenditures incurred and
655655 total eligible wages paid in the taxable and to conduct the audit required under s.
656656 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be
657657 performed by a certified public accountant that is part of an accounting entity that
658658 is not determined by the department to be independent of the claimant, consistent
659659 with s. 442.10 and as provided in the code of professional conduct of the American
660660 Institute of Certified Public Accountants, or its successor organization, or as
661661 1
662662 2
663663 3
664664 4
665665 5
666666 6
667667 7
668668 8
669669 9
670670 10
671671 11
672672 12
673673 13
674674 14
675675 15
676676 16
677677 17
678678 18
679679 19
680680 20
681681 21
682682 22
683683 23 2025 - 2026 Legislature
684684 ASSEMBLY BILL 204
685685 - 15 - LRB-2074/1
686686 KP:cdc
687687 SECTION 13
688688 otherwise determined by the department. The certified public accountant shall do
689689 all of the following:
690690 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules
691691 promulgated by the department.
692692 b. Verify each reported expenditure that is included in the audit and identify
693693 and exclude each expenditure that does not satisfy this subsection.
694694 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
695695 credit under s. 71.28 (4), applies to the credits under this subsection.
696696 2. If the allowable amount of the claim under par. (b) exceeds the tax
697697 otherwise due under this chapter or no tax is due under this chapter, the amount of
698698 the claim not used to offset the tax due shall be certified by the department of
699699 revenue to the department of administration for payment by check, share draft, or
700700 other draft drawn from the appropriation account under s. 20.835 (2) (de).
701701 Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified
702702 under this subdivision.
703703 SECTION 14. 71.49 (1) (f) of the statutes is amended to read:
704704 71.49 (1) (f) The total of farmland preservation credit under subch. IX, jobs
705705 credit under s. 71.47 (3q), enterprise zone jobs credit under s. 71.47 (3w), business
706706 development credit under s. 71.47 (3y), research credit under s. 71.47 (4) (k) 1.,
707707 video game production credit under s. 71.47 (12), and estimated tax payments
708708 under s. 71.48.
709709 SECTION 15. 73.03 (78) of the statutes is created to read:
710710 73.03 (78) To implement a program to approve applications for a certificate
711711 1
712712 2
713713 3
714714 4
715715 5
716716 6
717717 7
718718 8
719719 9
720720 10
721721 11
722722 12
723723 13
724724 14
725725 15
726726 16
727727 17
728728 18
729729 19
730730 20
731731 21
732732 22
733733 23 2025 - 2026 Legislature
734734 ASSEMBLY BILL 204
735735 - 16 - LRB-2074/1
736736 KP:cdc
737737 SECTION 15
738738 for purposes of ss. 71.07 (12), 71.28 (12), and 71.47 (12). Application shall be made
739739 to the department in each taxable year for which a certificate is desired. The
740740 department may not approve an application unless all of the following apply:
741741 (a) The applicant operates a business in this state and maintains a physical
742742 business location in this state.
743743 (b) The applicant owns a copyright in a video game production or platform, as
744744 defined in s. 71.07 (12) (a) 5., or is actively seeking a copyright in a video game
745745 production or platform.
746746 (c) The applicant provides verification of eligible expenditures incurred and
747747 eligible wages paid to claim the credit under s. 71.07 (12), 71.28 (12), or 71.47 (12)
748748 and submits an audit of such eligible expenditures and eligible wages.
749749 (d) The applicant certifies that the applicant will comply with the
750750 requirements under s. 71.07 (12), 71.28 (12), or 71.47 (12).
751751 (END)
752752 1
753753 2
754754 3
755755 4
756756 5
757757 6
758758 7
759759 8
760760 9
761761 10
762762 11
763763 12
764764 13
765765 14