Bill Text: TX HB3621 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to a franchise tax discount under certain circumstances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-30 - Referred to Ways & Means [HB3621 Detail]

Download: Texas-2017-HB3621-Introduced.html
  85R12584 CJC-D
 
  By: Villalba H.B. No. 3621
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a franchise tax discount under certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 171, Tax Code, is amended
  by adding Section 171.008 to read as follows:
         Sec. 171.008.  DISCOUNT FROM TAX LIABILITY. (a)  In this
  section:
               (1)  "Biennial revenue estimate" means the estimate of
  anticipated revenue to this state for the succeeding biennium that
  the comptroller prepares in accordance with Section 49a(a), Article
  III, Texas Constitution.
               (2)  "Current biennium" means the state fiscal biennium
  in which a biennial revenue estimate is submitted to the governor
  and legislature.
               (3)  "Succeeding biennium" means the state fiscal
  biennium beginning after the current biennium.
         (b)  The comptroller shall determine and include with the
  biennial revenue estimate the percentage change from the current
  biennium to the succeeding biennium in total general
  revenue-related funds available for certification, as shown in the
  biennial revenue estimate for those bienniums.
         (c)  This section applies to a taxable entity's computation
  of tax due for the reports originally due in each year of the
  succeeding biennium only if the percentage change determined under
  Subsection (b) is greater than five percent.  Not later than January
  15 of each year in which this section applies, the comptroller shall
  post on the comptroller's Internet website a notice regarding this
  section's applicability for that year.
         (d)  A taxable entity is entitled to a discount of 25 percent
  of the tax imposed under this chapter that the taxable entity is
  required to pay after determining its taxable margin under Section
  171.101, applying the appropriate rate of the tax under Section
  171.002(a) or (b), and subtracting any other allowable credits,
  including credit carryforwards.
         (e)  Notwithstanding Section 171.1016(c), a taxable entity
  that elects to pay the tax as provided by Section 171.1016 is
  entitled to a discount of 25 percent of the tax calculated under
  that section.
         SECTION 2.  This Act applies only to a report originally due
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2019.
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