Bill Text: TX HB391 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the repeal of the franchise tax.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2023-04-24 - Left pending in committee [HB391 Detail]

Download: Texas-2023-HB391-Introduced.html
  88R263 SRA-D
 
  By: Goldman H.B. No. 391
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of the franchise tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 171, Tax Code, is repealed.
         SECTION 2.  A taxable entity that is subject to the franchise
  tax imposed under Chapter 171, Tax Code, on December 31, 2023, is
  not required to file a franchise tax report or pay a tax on the
  taxable entity's taxable margin for the period ending on that date.
         SECTION 3.  Chapter 171, Tax Code, as that chapter existed
  immediately before its repeal by this Act, and Subtitle B, Title 2,
  Tax Code, continue to apply to audits, deficiencies,
  redeterminations, and refunds of any tax due or collected under
  Chapter 171 until barred by limitations.
         SECTION 4.  The repeal of Chapter 171, Tax Code, does not
  affect:
               (1)  the status of a taxable entity that has had its
  corporate privileges, certificate of authority, certificate of
  organization, certificate of limited partnership, corporate
  charter, or registration revoked, suit filed against it, or a
  receiver appointed under Subchapter F, G, or H of that chapter;
               (2)  the ability of the comptroller of public accounts,
  secretary of state, or attorney general to take action against a
  taxable entity under Subchapter F, G, or H of that chapter for
  actions that took place before the repeal; or
               (3)  the right of a taxable entity to contest a
  forfeiture, revocation, lawsuit, or appointment of a receiver under
  Subchapter F, G, or H of that chapter.
         SECTION 5.  This Act takes effect January 1, 2024.
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