AB1033-ASA1,2,7 1. “Claimant” means a person certified under s. 73.03 (78).

AB1033-ASA1,2,9 2. “Eligible expenditures” means amounts paid by the claimant directly relating to qualifying activities in this state, excluding any of the following:

AB1033-ASA1,2,10 a. Wages.

AB1033-ASA1,2,11 b. Expenditures used to claim another credit under this chapter.

AB1033-ASA1,2,13 c. Amounts paid to a person certified to receive a credit under this subsection or s. 71.28 (11) or 71.47 (11).

AB1033-ASA1,2,16 d. Amounts paid to persons as a result of their participation in profits from video game production, such as commissions, royalties, or profit-sharing agreements.

AB1033-ASA1,2,17 e. Amounts paid for capital expenditures, such as buildings and equipment.

AB1033-ASA1,2,18 f. Amounts paid to purchase a copyright, trademark, or tradename.

AB1033-ASA1,2,19 g. Amounts paid for management or other administrative activities.

AB1033-ASA1,2,20 h. Amounts paid for marketing, promotion, or distribution.

AB1033-ASA1,2,21 i. Amounts paid for food or entertainment.

AB1033-ASA1,2,22 j. Interest paid on loans or other credit arrangements.

AB1033-ASA1,2,24 3. “Eligible wages” means wages paid by the claimant directly relating to qualifying activities in this state.

AB1033-ASA1,3,2 4. “Qualifying activities” means developing, producing, or creating a video game product or platform.

AB1033-ASA1,3,6 5. “Video game product or platform” means an electronic game developed for commercial distribution and entertainment that involves interaction with a user interface to generate visual feedback on a video device. “Video game product or platform” does not include any of the following:

AB1033-ASA1,3,7 a. A product or platform that contains content in violation of s. 944.21.

AB1033-ASA1,3,9 b. A product or platform designed for political, religious, or educational purposes.

AB1033-ASA1,3,10 c. A product or platform regulated under chs. 562 to 569.

AB1033-ASA1,3,13 d. A product or platform designed to provide information about one or more individuals or businesses, such as marketing and promotional websites or microsites.

AB1033-ASA1,3,17 e. A product or platform designed for social media or interpersonal communications, such as podcasting, interactive advertising, journalism, video conferencing, wireless telecommunications, text-based channels, chat rooms, or broadcast or streamed viewing enhancements.

AB1033-ASA1,3,19 f. A product or platform designed to stream linear media such as audio, video, or pictures.

AB1033-ASA1,3,20 g. Small-scale electronic games embedded and used exclusively in advertising.

AB1033-ASA1,3,22 6. “Wages” means wages, as defined in s. 71.63 (6), that are subject to withholding under subch. X and for which a statement under s. 71.65 (1) is furnished.

AB1033-ASA1,3,25 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2023, a claimant may claim as a credit against the tax imposed under s. 71.02 any of the following amounts:

AB1033-ASA1,4,2 1. An amount equal to 30 percent of the eligible wages paid by the person in the taxable year.

AB1033-ASA1,4,4 2. An amount equal to 30 percent of the eligible expenditures incurred by the claimant in the taxable year.

AB1033-ASA1,4,8 (c) Limitations. 1. No credit may be allowed under this subsection unless the claimant files an application with the department, at the time and in the manner prescribed by the department, and the department approves the application. The claimant shall submit a copy of the approved application with the claimant's return.

AB1033-ASA1,4,19 2. No credit may be allowed under this subsection unless the claimant retains at the claimant's sole expense a certified public accountant licensed under ch. 442 to review and certify to the department the total eligible expenditures incurred and total eligible wages paid in the taxable and to conduct the audit required under s. 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be performed by a certified public accountant that is part of an accounting entity that is not determined by the department to be independent of the claimant, consistent with s. 442.10 and as provided in the code of professional conduct of the American Institute of Certified Public Accountants, or its successor organization, or as otherwise determined by the department. The certified public accountant shall do all of the following:

AB1033-ASA1,4,21 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules promulgated by the department.