Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB204 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 204
55 April 16, 2025 - Introduced by Senators TESTIN and FEYEN, cosponsored by
66 Representatives MOSES, ZIMMERMAN, BEHNKE, CALLAHAN, GOODWIN,
77 GUNDRUM and SWEARINGEN. Referred to Committee on Agriculture and
88 Revenue.
99 AN ACT to amend 71.05 (6) (a) 15., 71.10 (4) (i), 71.21 (4) (a), 71.21 (6) (d) 3.,
1010 71.26 (2) (a) 4., 71.30 (3) (f), 71.34 (1k) (g), 71.365 (4m) (d) 2., 71.45 (2) (a) 10.
1111 and 71.49 (1) (f); to create 20.835 (2) (de), 71.07 (12), 71.28 (12), 71.47 (12) and
1212 73.03 (78) of the statutes; relating to: creating a video game production tax
1313 credit and making an appropriation.
1414 Analysis by the Legislative Reference Bureau
1515 This bill creates a refundable video game production income and franchise tax
1616 credit. The credit is equal to the sum of the following: 1) 30 percent of the eligible
1717 wages paid by the claimant directly relating to developing, producing, or creating a
1818 video game product; and 2) 30 percent of the claimant[s eligible expenditures
1919 directly relating to developing, producing, or creating a video game product. Under
2020 the bill, Xvideo game productY means, subject to certain exceptions, an electronic
2121 game developed for commercial distribution and entertainment that involves
2222 interaction with a used interface to generate visual feedback on a video device.
2323 XVideo game productY does not include social media, gambling products, or products
2424 with obscene content. The bill also defines Xeligible expendituresY as expenditures
2525 directly relating to developing, producing, or creating a video game product but
2626 excludes various specified expenditures, such as payments for royalties, capital
2727 expenditures, management and administrative expenses, marketing expenses, and
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3636 SECTION 1
3737 interest. To claim the credit for a tax year, a person must file an application with
3838 the Department of Revenue and receive a certificate of eligibility for the credit. To
3939 receive a certificate, an applicant must submit an audit of its eligible expenditures
4040 to DOR. The credit under the bill is refundable, which means that if the credit
4141 exceeds the claimant[s tax liability, the claimant will receive the difference as a
4242 refund check.
4343 For further information see the state fiscal estimate, which will be printed as
4444 an appendix to this bill.
4545 The people of the state of Wisconsin, represented in senate and assembly, do
4646 enact as follows:
4747 SECTION 1. 20.835 (2) (de) of the statutes is created to read:
4848 20.835 (2) (de) Video game production credit. A sum sufficient to make the
4949 payments under ss. 71.07 (12), 71.28 (12), and 71.47 (12).
5050 SECTION 2. 71.05 (6) (a) 15. of the statutes is amended to read:
5151 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dm),
5252 (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5i), (5j), (5k),
5353 (5r), (5rm), (6n), and (10), and (12) and not passed through by a partnership, limited
5454 liability company, or tax-option corporation that has added that amount to the
5555 partnership[s, company[s, or tax-option corporation[s income under s. 71.21 (4) or
5656 71.34 (1k) (g).
5757 SECTION 3. 71.07 (12) of the statutes is created to read:
5858 71.07 (12) VIDEO GAME PRODUCTION CREDIT. (a) Definitions. In this
5959 subsection:
6060 1. XClaimantY means a person certified under s. 73.03 (78).
6161 2. XEligible expendituresY means amounts paid by the claimant directly
6262 relating to qualifying activities in this state, excluding any of the following:
6363 a. Wages.
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8484 SECTION 3
8585 b. Expenditures used to claim another credit under this chapter.
8686 c. Amounts paid to a person certified to receive a credit under this subsection
8787 or s. 71.28 (12) or 71.47 (12).
8888 d. Amounts paid to persons as a result of their participation in profits from
8989 video game production, such as commissions, royalties, or profit-sharing
9090 agreements.
9191 e. Amounts paid for capital expenditures, such as buildings and equipment.
9292 f. Amounts paid to purchase a copyright, trademark, or tradename.
9393 g. Amounts paid for management or other administrative activities.
9494 h. Amounts paid for marketing, promotion, or distribution.
9595 i. Amounts paid for food or entertainment.
9696 j. Interest paid on loans or other credit arrangements.
9797 3. XEligible wagesY means wages paid by the claimant directly relating to
9898 qualifying activities in this state.
9999 4. XQualifying activitiesY means developing, producing, or creating a video
100100 game product or platform.
101101 5. XVideo game product or platformY means an electronic game developed for
102102 commercial distribution and entertainment that involves interaction with a user
103103 interface to generate visual feedback on a video device. XVideo game product or
104104 platformY does not include any of the following:
105105 a. A product or platform that contains content in violation of s. 944.21.
106106 b. A product or platform designed for political, religious, or educational
107107 purposes.
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135135 c. A product or platform regulated under chs. 562 to 569.
136136 d. A product or platform designed to provide information about one or more
137137 individuals or businesses, such as marketing and promotional websites or
138138 microsites.
139139 e. A product or platform designed for social media or interpersonal
140140 communications, such as podcasting, interactive advertising, journalism, video
141141 conferencing, wireless telecommunications, text-based channels, chat rooms, or
142142 broadcast or streamed viewing enhancements.
143143 f. A product or platform designed to stream linear media such as audio, video,
144144 or pictures.
145145 g. Small-scale electronic games embedded and used exclusively in advertising.
146146 6. XWagesY means wages, as defined in s. 71.63 (6), that are subject to
147147 withholding under subch. X and for which a statement under s. 71.65 (1) is
148148 furnished.
149149 (b) Filing claims. Subject to the limitations provided in this subsection, for
150150 taxable years beginning after December 31, 2024, a claimant may claim as a credit
151151 against the tax imposed under s. 71.02 any of the following amounts:
152152 1. An amount equal to 30 percent of the eligible wages paid by the person in
153153 the taxable year.
154154 2. An amount equal to 30 percent of the eligible expenditures incurred by the
155155 claimant in the taxable year.
156156 (c) Limitations. 1. No credit may be allowed under this subsection unless the
157157 claimant files an application with the department, at the time and in the manner
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184184 SECTION 3
185185 prescribed by the department, and the department approves the application. The
186186 claimant shall submit a copy of the approved application with the claimant[s
187187 return.
188188 2. No credit may be allowed under this subsection unless the claimant retains
189189 at the claimant[s sole expense a certified public accountant licensed under ch. 442
190190 to review and certify to the department the total eligible expenditures incurred and
191191 total eligible wages paid in the taxable and to conduct the audit required under s.
192192 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be
193193 performed by a certified public accountant that is part of an accounting entity that
194194 is not determined by the department to be independent of the claimant, consistent
195195 with s. 442.10 and as provided in the code of professional conduct of the American
196196 Institute of Certified Public Accountants, or its successor organization, or as
197197 otherwise determined by the department. The certified public accountant shall do
198198 all of the following:
199199 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules
200200 promulgated by the department.
201201 b. Verify each reported expenditure that is included in the audit and identify
202202 and exclude each expenditure that does not satisfy this subsection.
203203 3. Eligible expenditures incurred and eligible wages paid by a tax-option
204204 corporation, partnership, or limited liability company that is treated as a
205205 partnership may be claimed as a credit under this subsection by that corporation[s
206206 shareholders, that partnership[s partners, or that limited liability company[s
207207 members who are residents of this state and who otherwise qualify under this
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235235 subsection, unless the tax-option corporation, partnership, or limited liability
236236 company has made an election under s. 71.21 (6) (a) or 71.365 (4m) (a).
237237 4. If a tax-option corporation, partnership, or limited liability company makes
238238 an election under s. 71.21 (6) (a) or 71.365 (4m) (a), that tax-option corporation,
239239 partnership, or limited liability company may claim the credit under this
240240 subsection.
241241 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
242242 credit under s. 71.28 (4), applies to the credits under this subsection.
243243 2. If the allowable amount of the claim under par. (b) exceeds the tax
244244 otherwise due under this chapter or no tax is due under this chapter, the amount of
245245 the claim not used to offset the tax due shall be certified by the department of
246246 revenue to the department of administration for payment by check, share draft, or
247247 other draft drawn from the appropriation account under s. 20.835 (2) (de).
248248 Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified
249249 under this subdivision.
250250 SECTION 4. 71.10 (4) (i) of the statutes is amended to read:
251251 71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland
252252 preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
253253 beyond under s. 71.613, homestead credit under subch. VIII, jobs tax credit under s.
254254 71.07 (3q), business development credit under s. 71.07 (3y), research credit under s.
255255 71.07 (4k) (e) 2. a., veterans and surviving spouses property tax credit under s.
256256 71.07 (6e), enterprise zone jobs credit under s. 71.07 (3w), electronics and
257257 information technology manufacturing zone credit under s. 71.07 (3wm), earned
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284284 SECTION 4
285285 income tax credit under s. 71.07 (9e), video game production credit under s. 71.07
286286 (12), estimated tax payments under s. 71.09, and taxes withheld under subch. X.
287287 SECTION 5. 71.21 (4) (a) of the statutes is amended to read:
288288 71.21 (4) (a) The amount of the credits computed by a partnership under s.
289289 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n),
290290 (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10), and (12) and passed through to
291291 partners shall be added to the partnership[s income.
292292 SECTION 6. 71.21 (6) (d) 3. of the statutes is amended to read:
293293 71.21 (6) (d) 3. Except as provided in s. 71.07 (7) (b) 3. and (12) (c) 4., the tax
294294 credits under this chapter may not be claimed by the partnership.
295295 SECTION 7. 71.26 (2) (a) 4. of the statutes is amended to read:
296296 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm),
297297 (1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (5g), (5i), (5j), (5k), (5r),
298298 (5rm), (6n), and (10), and (12) and not passed through by a partnership, limited
299299 liability company, or tax-option corporation that has added that amount to the
300300 partnership[s, limited liability company[s, or tax-option corporation[s income under
301301 s. 71.21 (4) or 71.34 (1k) (g).
302302 SECTION 8. 71.28 (12) of the statutes is created to read:
303303 71.28 (12) VIDEO GAME PRODUCTION CREDIT. (a) Definitions. In this
304304 subsection:
305305 1. XClaimantY means a person certified under s. 73.03 (78).
306306 2. XEligible expendituresY means amounts paid by the claimant directly
307307 relating to qualifying activities in this state, excluding any of the following:
308308 a. Wages.
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336336 SECTION 8
337337 b. Expenditures used to claim another credit under this chapter.
338338 c. Amounts paid to a person certified to receive a credit under this subsection
339339 or s. 71.07 (12) or 71.47 (12).
340340 d. Amounts paid to persons as a result of their participation in profits from
341341 video game production, such as commissions, royalties, or profit-sharing
342342 agreements.
343343 e. Amounts paid for capital expenditures, such as buildings and equipment.
344344 f. Amounts paid to purchase a copyright, trademark, or tradename.
345345 g. Amounts paid for management or other administrative activities.
346346 h. Amounts paid for marketing, promotion, or distribution.
347347 i. Amounts paid for food or entertainment.
348348 j. Interest paid on loans or other credit arrangements.
349349 3. XEligible wagesY means wages paid by the claimant directly relating to
350350 qualifying activities in this state.
351351 4. XQualifying activitiesY means developing, producing, or creating a video
352352 game product or platform.
353353 5. XVideo game product or platformY means an electronic game developed for
354354 commercial distribution and entertainment that involves interaction with a user
355355 interface to generate visual feedback on a video device. XVideo game product or
356356 platformY does not include any of the following:
357357 a. A product or platform that contains content in violation of s. 944.21.
358358 b. A product or platform designed for political, religious, or educational
359359 purposes.
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386386 SECTION 8
387387 c. A product or platform regulated under chs. 562 to 569.
388388 d. A product or platform designed to provide information about one or more
389389 individuals or businesses, such as marketing and promotional websites or
390390 microsites.
391391 e. A product or platform designed for social media or interpersonal
392392 communications, such as podcasting, interactive advertising, journalism, video
393393 conferencing, wireless telecommunications, text-based channels, chat rooms, or
394394 broadcast or streamed viewing enhancements.
395395 f. A product or platform designed to stream linear media such as audio, video,
396396 or pictures.
397397 g. Small-scale electronic games embedded and used exclusively in advertising.
398398 6. XWagesY means wages, as defined in s. 71.63 (6), that are subject to
399399 withholding under subch. X and for which a statement under s. 71.65 (1) is
400400 furnished.
401401 (b) Filing claims. Subject to the limitations provided in this subsection, for
402402 taxable years beginning after December 31, 2024, a claimant may claim as a credit
403403 against the tax imposed under s. 71.23 any of the following amounts:
404404 1. An amount equal to 30 percent of the eligible wages paid by the person in
405405 the taxable year.
406406 2. An amount equal to 30 percent of the eligible expenditures incurred by the
407407 claimant in the taxable year.
408408 (c) Limitations. 1. No credit may be allowed under this subsection unless the
409409 claimant files an application with the department, at the time and in the manner
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436436 SECTION 8
437437 prescribed by the department, and the department approves the application. The
438438 claimant shall submit a copy of the approved application with the claimant[s
439439 return.
440440 2. No credit may be allowed under this subsection unless the claimant retains
441441 at the claimant[s sole expense a certified public accountant licensed under ch. 442
442442 to review and certify to the department the total eligible expenditures incurred and
443443 total eligible wages paid in the taxable and to conduct the audit required under s.
444444 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be
445445 performed by a certified public accountant that is part of an accounting entity that
446446 is not determined by the department to be independent of the claimant, consistent
447447 with s. 442.10 and as provided in the code of professional conduct of the American
448448 Institute of Certified Public Accountants, or its successor organization, or as
449449 otherwise determined by the department. The certified public accountant shall do
450450 all of the following:
451451 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules
452452 promulgated by the department.
453453 b. Verify each reported expenditure that is included in the audit and identify
454454 and exclude each expenditure that does not satisfy this subsection.
455455 (d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
456456 under sub. (4), applies to the credits under this subsection.
457457 2. If the allowable amount of the claim under par. (b) exceeds the tax
458458 otherwise due under this chapter or no tax is due under this chapter, the amount of
459459 the claim not used to offset the tax due shall be certified by the department of
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486486 SECTION 8
487487 revenue to the department of administration for payment by check, share draft, or
488488 other draft drawn from the appropriation account under s. 20.835 (2) (de).
489489 Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified
490490 under this subdivision.
491491 SECTION 9. 71.30 (3) (f) of the statutes is amended to read:
492492 71.30 (3) (f) The total of farmland preservation credit under subch. IX, jobs
493493 credit under s. 71.28 (3q), enterprise zone jobs credit under s. 71.28 (3w), electronics
494494 and information technology manufacturing zone credit under s. 71.28 (3wm),
495495 business development credit under s. 71.28 (3y), research credit under s. 71.28 (4)
496496 (k) 1., video game production credit under s. 71.28 (12), and estimated tax
497497 payments under s. 71.29.
498498 SECTION 10. 71.34 (1k) (g) of the statutes is amended to read:
499499 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
500500 corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3q), (3t), (3w),
501501 (3wm), (3y), (4), (5), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10), and (12) and
502502 passed through to shareholders.
503503 SECTION 11. 71.365 (4m) (d) 2. of the statutes is amended to read:
504504 71.365 (4m) (d) 2. Except as provided in s. 71.07 (7) (b) 3. and (12) (c) 4., the
505505 tax credits under this chapter may not be claimed by the tax-option corporation.
506506 SECTION 12. 71.45 (2) (a) 10. of the statutes is amended to read:
507507 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
508508 computed under s. 71.47 (1dm) to (1dy), (3g), (3h), (3n), (3q), (3w), (3y), (5g), (5i),
509509 (5j), (5k), (5r), (5rm), (6n), and (10), and (12) and not passed through by a
510510 partnership, limited liability company, or tax-option corporation that has added
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538538 SECTION 12
539539 that amount to the partnership[s, limited liability company[s, or tax-option
540540 corporation[s income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit
541541 computed under s. 71.47 (3), (3t), (4), (4m), and (5).
542542 SECTION 13. 71.47 (12) of the statutes is created to read:
543543 71.47 (12) VIDEO GAME PRODUCTION CREDIT. (a) Definitions. In this
544544 subsection:
545545 1. XClaimantY means a person certified under s. 73.03 (78).
546546 2. XEligible expendituresY means amounts paid by the claimant directly
547547 relating to qualifying activities in this state, excluding any of the following:
548548 a. Wages.
549549 b. Expenditures used to claim another credit under this chapter.
550550 c. Amounts paid to a person certified to receive a credit under this subsection
551551 or s. 71.07 (12) or 71.28 (12).
552552 d. Amounts paid to persons as a result of their participation in profits from
553553 video game production, such as commissions, royalties, or profit-sharing
554554 agreements.
555555 e. Amounts paid for capital expenditures, such as buildings and equipment.
556556 f. Amounts paid to purchase a copyright, trademark, or tradename.
557557 g. Amounts paid for management or other administrative activities.
558558 h. Amounts paid for marketing, promotion, or distribution.
559559 i. Amounts paid for food or entertainment.
560560 j. Interest paid on loans or other credit arrangements.
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586586 SECTION 13
587587 3. XEligible wagesY means wages paid by the claimant directly relating to
588588 qualifying activities in this state.
589589 4. XQualifying activitiesY means developing, producing, or creating a video
590590 game product or platform.
591591 5. XVideo game product or platformY means an electronic game developed for
592592 commercial distribution and entertainment that involves interaction with a user
593593 interface to generate visual feedback on a video device. XVideo game product or
594594 platformY does not include any of the following:
595595 a. A product or platform that contains content in violation of s. 944.21.
596596 b. A product or platform designed for political, religious, or educational
597597 purposes.
598598 c. A product or platform regulated under chs. 562 to 569.
599599 d. A product or platform designed to provide information about one or more
600600 individuals or businesses, such as marketing and promotional websites or
601601 microsites.
602602 e. A product or platform designed for social media or interpersonal
603603 communications, such as podcasting, interactive advertising, journalism, video
604604 conferencing, wireless telecommunications, text-based channels, chat rooms, or
605605 broadcast or streamed viewing enhancements.
606606 f. A product or platform designed to stream linear media such as audio, video,
607607 or pictures.
608608 g. Small-scale electronic games embedded and used exclusively in advertising.
609609 6. XWagesY means wages, as defined in s. 71.63 (6), that are subject to
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636636 SECTION 13
637637 withholding under subch. X and for which a statement under s. 71.65 (1) is
638638 furnished.
639639 (b) Filing claims. Subject to the limitations provided in this subsection, for
640640 taxable years beginning after December 31, 2024, a claimant may claim as a credit
641641 against the tax imposed under s. 71.43 any of the following amounts:
642642 1. An amount equal to 30 percent of the eligible wages paid by the person in
643643 the taxable year.
644644 2. An amount equal to 30 percent of the eligible expenditures incurred by the
645645 claimant in the taxable year.
646646 (c) Limitations. 1. No credit may be allowed under this subsection unless the
647647 claimant files an application with the department, at the time and in the manner
648648 prescribed by the department, and the department approves the application. The
649649 claimant shall submit a copy of the approved application with the claimant[s
650650 return.
651651 2. No credit may be allowed under this subsection unless the claimant retains
652652 at the claimant[s sole expense a certified public accountant licensed under ch. 442
653653 to review and certify to the department the total eligible expenditures incurred and
654654 total eligible wages paid in the taxable and to conduct the audit required under s.
655655 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be
656656 performed by a certified public accountant that is part of an accounting entity that
657657 is not determined by the department to be independent of the claimant, consistent
658658 with s. 442.10 and as provided in the code of professional conduct of the American
659659 Institute of Certified Public Accountants, or its successor organization, or as
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686686 SECTION 13
687687 otherwise determined by the department. The certified public accountant shall do
688688 all of the following:
689689 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules
690690 promulgated by the department.
691691 b. Verify each reported expenditure that is included in the audit and identify
692692 and exclude each expenditure that does not satisfy this subsection.
693693 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
694694 credit under s. 71.28 (4), applies to the credits under this subsection.
695695 2. If the allowable amount of the claim under par. (b) exceeds the tax
696696 otherwise due under this chapter or no tax is due under this chapter, the amount of
697697 the claim not used to offset the tax due shall be certified by the department of
698698 revenue to the department of administration for payment by check, share draft, or
699699 other draft drawn from the appropriation account under s. 20.835 (2) (de).
700700 Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified
701701 under this subdivision.
702702 SECTION 14. 71.49 (1) (f) of the statutes is amended to read:
703703 71.49 (1) (f) The total of farmland preservation credit under subch. IX, jobs
704704 credit under s. 71.47 (3q), enterprise zone jobs credit under s. 71.47 (3w), business
705705 development credit under s. 71.47 (3y), research credit under s. 71.47 (4) (k) 1.,
706706 video game production credit under s. 71.47 (12), and estimated tax payments
707707 under s. 71.48.
708708 SECTION 15. 73.03 (78) of the statutes is created to read:
709709 73.03 (78) To implement a program to approve applications for a certificate
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736736 SECTION 15
737737 for purposes of ss. 71.07 (12), 71.28 (12), and 71.47 (12). Application shall be made
738738 to the department in each taxable year for which a certificate is desired. The
739739 department may not approve an application unless all of the following apply:
740740 (a) The applicant operates a business in this state and maintains a physical
741741 business location in this state.
742742 (b) The applicant owns a copyright in a video game production or platform, as
743743 defined in s. 71.07 (12) (a) 5., or is actively seeking a copyright in a video game
744744 production or platform.
745745 (c) The applicant provides verification of eligible expenditures incurred and
746746 eligible wages paid to claim the credit under s. 71.07 (12), 71.28 (12), or 71.47 (12)
747747 and submits an audit of such eligible expenditures and eligible wages.
748748 (d) The applicant certifies that the applicant will comply with the
749749 requirements under s. 71.07 (12), 71.28 (12), or 71.47 (12).
750750 (END)
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