Bill Text: TX HB500 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the computation of the franchise tax, including certain exclusions from the tax.
Spectrum: Strong Partisan Bill (Republican 71-4)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB500 Detail]
Download: Texas-2013-HB500-Enrolled.html
H.B. No. 500 |
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relating to the computation of the franchise tax, including certain | ||
exclusions from the tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 171.0001(12), Tax Code, is amended to | ||
read as follows: | ||
(12) "Retail trade" means: | ||
(A) the activities described in Division G of the | ||
1987 Standard Industrial Classification Manual published by the | ||
federal Office of Management and Budget; [ |
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(B) apparel rental activities classified as | ||
Industry 5999 or 7299 of the 1987 Standard Industrial | ||
Classification Manual published by the federal Office of Management | ||
and Budget; | ||
(C) the activities classified as Industry Group | ||
753 of the 1987 Standard Industrial Classification Manual published | ||
by the federal Office of Management and Budget; | ||
(D) rental-purchase agreement activities | ||
regulated by Chapter 92, Business & Commerce Code; | ||
(E) activities involving the rental or leasing of | ||
tools, party and event supplies, and furniture that are classified | ||
as Industry 7359 of the 1987 Standard Industrial Classification | ||
Manual published by the federal Office of Management and Budget; | ||
and | ||
(F) heavy construction equipment rental or | ||
leasing activities classified as Industry 7353 of the 1987 Standard | ||
Industrial Classification Manual published by the federal Office of | ||
Management and Budget. | ||
SECTION 2. Subchapter A, Chapter 171, Tax Code, is amended | ||
by adding Sections 171.0022 and 171.0023 to read as follows: | ||
Sec. 171.0022. TEMPORARY PERMISSIVE ALTERNATE RATES FOR | ||
2014. (a) Notwithstanding Section 171.002(a) and subject to | ||
Section 171.1016 and Subsection (b) of this section, a taxable | ||
entity may elect to pay the tax imposed under this chapter at a rate | ||
of 0.975 percent of taxable margin. | ||
(b) Notwithstanding Section 171.002(b) and subject to | ||
Section 171.1016, a taxable entity primarily engaged in retail or | ||
wholesale trade as defined by Sections 171.002(c) and (c-1) may | ||
elect to pay the tax imposed under this chapter at a rate of 0.4875 | ||
percent of taxable margin. | ||
(c) This section applies only to a report originally due on | ||
or after January 1, 2014, and before January 1, 2015. | ||
(d) This section expires December 31, 2014. | ||
Sec. 171.0023. TEMPORARY PERMISSIVE ALTERNATE RATES FOR | ||
2015. (a) Notwithstanding Section 171.002(a) and subject to | ||
Section 171.1016 and Subsections (b) and (d) of this section, a | ||
taxable entity may elect to pay the tax imposed under this chapter | ||
at a rate of 0.95 percent of taxable margin. | ||
(b) Notwithstanding Section 171.002(b) and subject to | ||
Section 171.1016 and Subsection (d) of this section, a taxable | ||
entity primarily engaged in retail or wholesale trade as defined by | ||
Sections 171.002(c) and (c-1) may elect to pay the tax imposed under | ||
this chapter at a rate of 0.475 percent of taxable margin. | ||
(c) This section applies only to a report originally due on | ||
or after January 1, 2015, and before January 1, 2016. | ||
(d) A taxable entity may elect to compute the tax at the rate | ||
provided by Subsection (a) or (b), as applicable, on a report | ||
specified by Subsection (c) only if the comptroller certifies, on | ||
or after September 1, 2014, that probable revenue for the state | ||
fiscal biennium ending August 31, 2015, is estimated to exceed | ||
probable revenue as stated in the comptroller's Biennial Revenue | ||
Estimate for the 2014-2015 fiscal biennium, as adjusted for | ||
estimates of revenue and disbursements associated with legislation | ||
enacted by the 83rd Legislature, including any contingent | ||
appropriations certified before September 1, 2014, by an amount | ||
sufficient to offset the loss in probable revenue that will result | ||
if taxable entities elect to compute the tax at the rates provided | ||
by Subsections (a) and (b). If the comptroller does not make the | ||
certification described by this subsection, a taxable entity may | ||
not elect to pay the tax at the rate provided by Subsection (a) or | ||
(b) and shall pay the tax at the rates provided by Section 171.002. | ||
(e) This section expires December 31, 2015. | ||
SECTION 3. Section 171.006(b), Tax Code, is amended to read | ||
as follows: | ||
(b) Beginning in 2010, on January 1 of each even-numbered | ||
year, the amounts prescribed by Sections 171.002(d)(2) [ |
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equal to the amount prescribed by those sections on December 31 of | ||
the preceding year multiplied by the percentage increase or | ||
decrease during the preceding state fiscal biennium in the consumer | ||
price index and rounded to the nearest $10,000. | ||
SECTION 4. Section 171.052(a), Tax Code, is amended to read | ||
as follows: | ||
(a) Except as provided by Subsection (c), an insurance | ||
organization, title insurance company, or title insurance agent | ||
authorized to engage in insurance business in this state that is | ||
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franchise tax. A nonadmitted insurance organization that is | ||
required to pay a gross premium receipts tax during a tax year is | ||
exempted from the franchise tax for that same tax year. A | ||
nonadmitted insurance organization that is subject to an occupation | ||
tax or any other tax that is imposed for the privilege of doing | ||
business in another state or a foreign jurisdiction, including a | ||
tax on gross premium receipts, is exempted from the franchise tax. | ||
SECTION 5. Subchapter B, Chapter 171, Tax Code, is amended | ||
by adding Section 171.086 to read as follows: | ||
Sec. 171.086. EXEMPTION: POLITICAL SUBDIVISION | ||
CORPORATION. A political subdivision corporation formed under | ||
Section 304.001, Local Government Code, is exempted from the | ||
franchise tax. | ||
SECTION 6. Sections 171.101(a) and (b), Tax Code, are | ||
amended to read as follows: | ||
(a) The taxable margin of a taxable entity is computed by: | ||
(1) determining the taxable entity's margin, which is | ||
the lesser of: | ||
(A) the amount provided by this paragraph, which | ||
is the lesser of: | ||
(i) 70 percent of the taxable entity's total | ||
revenue from its entire business, as determined under Section | ||
171.1011; or | ||
(ii) an amount equal to the taxable entity's | ||
total revenue from its entire business as determined under Section | ||
171.1011 minus $1 million; or | ||
(B) an amount computed by[ |
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total revenue from its entire business[ |
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and [ |
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(i) $1 million; or | ||
(ii) an amount equal to the sum of: | ||
(a) [ |
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entity, either: | ||
(1) [ |
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determined under Section 171.1012; or | ||
(2) [ |
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determined under Section 171.1013; and | ||
(b) any [ |
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an individual during the period the individual is serving on active | ||
duty as a member of the armed forces of the United States if the | ||
individual is a resident of this state at the time the individual is | ||
ordered to active duty and the cost of training a replacement for | ||
the individual; | ||
(2) apportioning the taxable entity's margin to this | ||
state as provided by Section 171.106 to determine the taxable | ||
entity's apportioned margin; and | ||
(3) subtracting from the amount computed under | ||
Subdivision (2) any other allowable deductions to determine the | ||
taxable entity's taxable margin. | ||
(b) Notwithstanding Subsection (a)(1)(B)(ii)(a) | ||
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the greater of $1 million as provided by Subsection (a)(1)(B)(i) or | ||
compensation as determined under Section 171.1013. | ||
SECTION 7. Section 171.1011, Tax Code, is amended by | ||
amending Subsection (g-4) and adding Subsections (g-8), (g-10), | ||
(g-11), (u), (v), and (x) to read as follows: | ||
(g-4) A taxable entity that is a pharmacy cooperative shall | ||
exclude from its total revenue, to the extent included under | ||
Subsection (c)(1)(A), (c)(2)(A), or (c)(3), flow-through funds | ||
from rebates from pharmacy wholesalers that are distributed to the | ||
pharmacy cooperative's shareholders. A taxable entity that | ||
provides a pharmacy network shall exclude from its total revenue, | ||
to the extent included under Subsection (c)(1)(A), (c)(2)(A), or | ||
(c)(3), reimbursements, pursuant to contractual agreements, for | ||
payments to pharmacies in the pharmacy network. | ||
(g-8) A taxable entity that is primarily engaged in the | ||
business of transporting aggregates shall exclude from its total | ||
revenue, to the extent included under Subsection (c)(1)(A), | ||
(c)(2)(A), or (c)(3), subcontracting payments made by the taxable | ||
entity to independent contractors for the performance of delivery | ||
services on behalf of the taxable entity. In this subsection, | ||
"aggregates" means any commonly recognized construction material | ||
removed or extracted from the earth, including dimension stone, | ||
crushed and broken limestone, crushed and broken granite, other | ||
crushed and broken stone, construction sand and gravel, industrial | ||
sand, dirt, soil, cementitious material, and caliche. | ||
(g-10) A taxable entity that is primarily engaged in the | ||
business of transporting barite shall exclude from its total | ||
revenue, to the extent included under Subsection (c)(1)(A), | ||
(c)(2)(A), or (c)(3), subcontracting payments made by the taxable | ||
entity to nonemployee agents for the performance of transportation | ||
services on behalf of the taxable entity. For purposes of this | ||
subsection, "barite" means barium sulfate (BaSO4), a mineral used | ||
as a weighing agent in oil and gas exploration. | ||
(g-11) A taxable entity that is primarily engaged in the | ||
business of performing landman services shall exclude from its | ||
total revenue, to the extent included under Subsection (c)(1)(A), | ||
(c)(2)(A), or (c)(3), subcontracting payments made by the taxable | ||
entity to nonemployees for the performance of landman services on | ||
behalf of the taxable entity. In this subsection, "landman | ||
services" means: | ||
(1) performing title searches for the purpose of | ||
determining ownership of or curing title defects related to oil, | ||
gas, or other related mineral or petroleum interests; | ||
(2) negotiating the acquisition or divestiture of | ||
mineral rights for the purpose of the exploration, development, or | ||
production of oil, gas, or other related mineral or petroleum | ||
interests; or | ||
(3) negotiating or managing the negotiation of | ||
contracts or other agreements related to the ownership of mineral | ||
interests for the exploration, exploitation, disposition, | ||
development, or production of oil, gas, or other related mineral or | ||
petroleum interests. | ||
(u) A taxable entity shall exclude from its total revenue | ||
the actual cost paid by the taxable entity for a vaccine. | ||
(v) A taxable entity primarily engaged in the business of | ||
transporting goods by waterways that does not subtract cost of | ||
goods sold in computing its taxable margin shall exclude from its | ||
total revenue direct costs of providing transportation services by | ||
intrastate or interstate waterways to the same extent that a | ||
taxable entity that sells in the ordinary course of business real or | ||
tangible personal property would be authorized by Section 171.1012 | ||
to subtract those costs as costs of goods sold in computing its | ||
taxable margin, notwithstanding Section 171.1012(e)(3). | ||
(x) A taxable entity that is registered as a motor carrier | ||
under Chapter 643, Transportation Code, shall exclude from its | ||
total revenue, to the extent included under Subsection (c)(1)(A), | ||
(c)(2)(A), or (c)(3), flow-through revenue derived from taxes and | ||
fees. | ||
SECTION 8. Section 171.1011(p), Tax Code, is amended by | ||
adding Subdivision (8) to read as follows: | ||
(8) "Vaccine" means a preparation or suspension of | ||
dead, live attenuated, or live fully virulent viruses or bacteria, | ||
or of antigenic proteins derived from them, used to prevent, | ||
ameliorate, or treat an infectious disease. | ||
SECTION 9. Section 171.1012, Tax Code, is amended by adding | ||
Subsections (k-2) and (k-3) to read as follows: | ||
(k-2) This subsection applies only to a pipeline entity: (1) | ||
that owns or leases and operates the pipeline by which the product | ||
is transported for others and only to that portion of the product to | ||
which the entity does not own title; and (2) that is primarily | ||
engaged in gathering, storing, transporting, or processing crude | ||
oil, including finished petroleum products, natural gas, | ||
condensate, and natural gas liquids, except for a refinery | ||
installation that manufactures finished petroleum products from | ||
crude oil. Notwithstanding Subsection (e)(3) or (i), a pipeline | ||
entity providing services for others related to the product that | ||
the pipeline does not own and to which this subsection applies may | ||
subtract as a cost of goods sold its depreciation, operations, and | ||
maintenance costs allowed by this section related to the services | ||
provided. | ||
(k-3) For purposes of Subsection (k-2), "processing" means | ||
the physical or mechanical removal, separation, or treatment of | ||
crude oil, including finished petroleum products, natural gas, | ||
condensate, and natural gas liquids after those materials are | ||
produced from the earth. The term does not include the chemical or | ||
biological transformation of those materials. | ||
SECTION 10. (a) Section 171.1012, Tax Code, is amended by | ||
adding Subsection (t) to read as follows: | ||
(t) If a taxable entity that is a movie theater elects to | ||
subtract cost of goods sold, the cost of goods sold for the taxable | ||
entity shall be the costs described by this section in relation to | ||
the acquisition, production, exhibition, or use of a film or motion | ||
picture, including expenses for the right to use the film or motion | ||
picture. | ||
(b) Section 171.1012(t), Tax Code, as added by this section, | ||
is a clarification of existing law and does not imply that existing | ||
law may be construed as inconsistent with the law as amended by this | ||
section. | ||
(c) This section takes effect September 1, 2013. | ||
SECTION 11. Section 171.1014, Tax Code, is amended by | ||
amending Subsection (d) and adding Subsection (j) to read as | ||
follows: | ||
(d) For purposes of Section 171.101, a combined group shall | ||
make an election to subtract either cost of goods sold or | ||
compensation that applies to all of its members, or $1 million. | ||
Regardless of the election, the taxable margin of the combined | ||
group may not exceed the amount [ |
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171.101(a)(1)(A) for the combined group. | ||
(j) Notwithstanding any other provision of this section, a | ||
taxable entity that provides retail or wholesale electric utilities | ||
may not be included as a member of a combined group that includes | ||
one or more taxable entities that do not provide retail or wholesale | ||
electric utilities if that combined group in the absence of this | ||
subsection: | ||
(1) would not meet the requirements of Section | ||
171.002(c) solely because one or more members of the combined group | ||
provide retail or wholesale electric utilities; and | ||
(2) would have less than five percent of the combined | ||
group's total revenue derived from providing retail or wholesale | ||
electric utilities. | ||
SECTION 12. Section 171.106, Tax Code, is amended by adding | ||
Subsection (g) to read as follows: | ||
(g) A receipt from Internet hosting as defined by Section | ||
151.108(a) is a receipt from business done in this state only if the | ||
customer to whom the service is provided is located in this state. | ||
SECTION 13. (a) Subchapter C, Chapter 171, Tax Code, is | ||
amended by adding Section 171.109 to read as follows: | ||
Sec. 171.109. DEDUCTION OF RELOCATION COSTS BY CERTAIN | ||
TAXABLE ENTITIES FROM MARGIN APPORTIONED TO THIS STATE. (a) In | ||
this section, "relocation costs" means the costs incurred by a | ||
taxable entity to relocate the taxable entity's main office or | ||
other principal place of business from one location to another. The | ||
term includes: | ||
(1) costs of relocating computers and peripherals, | ||
other business supplies, furniture, and inventory; and | ||
(2) any other costs related to the relocation that are | ||
allowable deductions for federal income tax purposes. | ||
(b) Subject to Subsection (c), a taxable entity may deduct | ||
from its apportioned margin relocation costs incurred in relocating | ||
the taxable entity's main office or other principal place of | ||
business to this state from another state if the taxable entity: | ||
(1) did not do business in this state before | ||
relocating the taxable entity's main office or other principal | ||
place of business to this state; and | ||
(2) is not a member of an affiliated group engaged in a | ||
unitary business, another member of which is doing business in this | ||
state on the date the taxable entity relocates the taxable entity's | ||
main office or other principal place of business to this state. | ||
(c) A taxable entity must take the deduction authorized by | ||
Subsection (b) on the report based on the taxable entity's initial | ||
period described by Section 171.151(1). | ||
(d) On the comptroller's request, a taxable entity that | ||
takes a deduction authorized by this section shall file with the | ||
comptroller proof of the deducted relocation costs. | ||
(b) The change in law made by this section applies only to a | ||
taxable entity that relocates the taxable entity's main office or | ||
other principal place of business to this state on or after the | ||
effective date of this section. | ||
(c) This section takes effect September 1, 2013. | ||
SECTION 14. (a) Chapter 171, Tax Code, is amended by adding | ||
Subchapter S to read as follows: | ||
SUBCHAPTER S. TAX CREDIT FOR CERTIFIED REHABILITATION OF CERTIFIED | ||
HISTORIC STRUCTURES | ||
Sec. 171.901. DEFINITIONS. In this subchapter: | ||
(1) "Certified historic structure" means a property in | ||
this state that is: | ||
(A) listed individually in the National Register | ||
of Historic Places; | ||
(B) designated as a Recorded Texas Historic | ||
Landmark under Section 442.006, Government Code, or as a state | ||
archeological landmark under Chapter 191, Natural Resources Code; | ||
or | ||
(C) certified by the commission as contributing | ||
to the historic significance of: | ||
(i) a historic district listed in the | ||
National Register of Historic Places; or | ||
(ii) a local district certified by the | ||
United States Department of the Interior in accordance with 36 | ||
C.F.R. Section 67.9. | ||
(2) "Certified rehabilitation" means the | ||
rehabilitation of a certified historic structure that the | ||
commission has certified as meeting the United States secretary of | ||
the interior's Standards for Rehabilitation as defined in 36 C.F.R. | ||
Section 67.7. | ||
(3) "Commission" means the Texas Historical | ||
Commission. | ||
(4) "Eligible costs and expenses" means qualified | ||
rehabilitation expenditures as defined by Section 47(c)(2), | ||
Internal Revenue Code. | ||
Sec. 171.902. ELIGIBILITY FOR CREDIT. An entity is | ||
eligible to apply for a credit in the amount and under the | ||
conditions and limitations provided by this subchapter against the | ||
tax imposed under this chapter. | ||
Sec. 171.903. QUALIFICATION. An entity is eligible for a | ||
credit for eligible costs and expenses incurred in the certified | ||
rehabilitation of a certified historic structure as provided by | ||
this subchapter if: | ||
(1) the rehabilitated certified historic structure is | ||
placed in service on or after September 1, 2013; | ||
(2) the entity has an ownership interest in the | ||
certified historic structure in the year during which the structure | ||
is placed in service after the rehabilitation; and | ||
(3) the total amount of the eligible costs and | ||
expenses incurred exceeds $5,000. | ||
Sec. 171.904. CERTIFICATION OF ELIGIBILITY. (a) Before | ||
claiming, selling, or assigning a credit under this subchapter, the | ||
entity that incurred the eligible costs and expenses in the | ||
rehabilitation of a certified historic structure must request from | ||
the commission a certificate of eligibility on which the commission | ||
certifies that the work performed meets the definition of a | ||
certified rehabilitation. The entity must include with the | ||
entity's request: | ||
(1) information on the property that is sufficient for | ||
the commission to determine whether the property meets the | ||
definition of a certified historic structure; and | ||
(2) information on the rehabilitation, and | ||
photographs before and after work is performed, sufficient for the | ||
commission to determine whether the rehabilitation meets the United | ||
States secretary of the interior's Standards for Rehabilitation as | ||
defined in 36 C.F.R. Section 67.7. | ||
(b) The commission shall issue a certificate of eligibility | ||
to an entity that has incurred eligible costs and expenses as | ||
provided by this subchapter. The certificate must: | ||
(1) confirm that: | ||
(A) the property to which the eligible costs and | ||
expenses relate is a certified historic structure; and | ||
(B) the rehabilitation qualifies as a certified | ||
rehabilitation; and | ||
(2) specify the date the certified historic structure | ||
was first placed in service after the rehabilitation. | ||
(c) The entity must forward the certificate of eligibility | ||
and the following documentation to the comptroller to claim the tax | ||
credit: | ||
(1) an audited cost report issued by a certified | ||
public accountant, as defined by Section 901.002, Occupations Code, | ||
that itemizes the eligible costs and expenses incurred in the | ||
certified rehabilitation of the certified historic structure by the | ||
entity; | ||
(2) the date the certified historic structure was | ||
first placed in service after the rehabilitation and evidence of | ||
that placement in service; and | ||
(3) an attestation of the total eligible costs and | ||
expenses incurred by the entity on the rehabilitation of the | ||
certified historic structure. | ||
(d) For purposes of approving the tax credit under | ||
Subsection (c), the comptroller may rely on the audited cost report | ||
provided by the entity that requested the tax credit. | ||
(e) An entity that sells or assigns a credit under this | ||
subchapter to another entity shall provide a copy of the | ||
certificate of eligibility, together with the audited cost report, | ||
to the purchaser or assignee. | ||
Sec. 171.905. AMOUNT OF CREDIT; LIMITATIONS. (a) The total | ||
amount of the credit under this subchapter with respect to the | ||
rehabilitation of a single certified historic structure that may be | ||
claimed may not exceed 25 percent of the total eligible costs and | ||
expenses incurred in the certified rehabilitation of the certified | ||
historic structure. | ||
(b) The total credit claimed for a report, including the | ||
amount of any carryforward under Section 171.906, may not exceed | ||
the amount of franchise tax due for the report after any other | ||
applicable tax credits. | ||
(c) Eligible costs and expenses may only be counted once in | ||
determining the amount of the tax credit available, and more than | ||
one entity may not claim a credit for the same eligible costs and | ||
expenses. | ||
Sec. 171.906. CARRYFORWARD. (a) If an entity is eligible | ||
for a credit that exceeds the limitation under Section 171.905(b), | ||
the entity may carry the unused credit forward for not more than | ||
five consecutive reports. | ||
(b) A carryforward is considered the remaining portion of a | ||
credit that cannot be claimed in the current year because of the | ||
limitation under Section 171.905(b). | ||
Sec. 171.907. APPLICATION FOR CREDIT. (a) An entity must | ||
apply for a credit under this subchapter on or with the report for | ||
the period for which the credit is claimed. | ||
(b) An entity shall file with any report on which the credit | ||
is claimed a copy of the certificate of eligibility issued by the | ||
commission under Section 171.904 and any other information required | ||
by the comptroller to sufficiently demonstrate that the entity is | ||
eligible for the credit. | ||
(c) The burden of establishing eligibility for and the value | ||
of the credit is on the entity. | ||
Sec. 171.908. SALE OR ASSIGNMENT OF CREDIT. (a) An entity | ||
that incurs eligible costs and expenses may sell or assign all or | ||
part of the credit that may be claimed for those costs and expenses | ||
to one or more entities, and any entity to which all or part of the | ||
credit is sold or assigned may sell or assign all or part of the | ||
credit to another entity. There is no limit on the total number of | ||
transactions for the sale or assignment of all or part of the total | ||
credit authorized under this subchapter, however, collectively all | ||
transfers are subject to the maximum total limits provided by | ||
Section 171.905. | ||
(b) An entity that sells or assigns a credit under this | ||
section and the entity to which the credit is sold or assigned shall | ||
jointly submit written notice of the sale or assignment to the | ||
comptroller on a form promulgated by the comptroller not later than | ||
the 30th day after the date of the sale or assignment. The notice | ||
must include: | ||
(1) the date of the sale or assignment; | ||
(2) the amount of the credit sold or assigned; | ||
(3) the names and federal tax identification numbers | ||
of the entity that sold or assigned the credit or part of the credit | ||
and the entity to which the credit or part of the credit was sold or | ||
assigned; and | ||
(4) the amount of the credit owned by the selling or | ||
assigning entity before the sale or assignment, and the amount the | ||
selling or assigning entity retained, if any, after the sale or | ||
assignment. | ||
(c) The sale or assignment of a credit in accordance with | ||
this section does not extend the period for which a credit may be | ||
carried forward and does not increase the total amount of the credit | ||
that may be claimed. After an entity claims a credit for eligible | ||
costs and expenses, another entity may not use the same costs and | ||
expenses as the basis for claiming a credit. | ||
(d) Notwithstanding the requirements of this subchapter, a | ||
credit earned or purchased by, or assigned to, a partnership, | ||
limited liability company, S corporation, or other pass-through | ||
entity may be allocated to the partners, members, or shareholders | ||
of that entity and claimed under this subchapter in accordance with | ||
the provisions of any agreement among the partners, members, or | ||
shareholders and without regard to the ownership interest of the | ||
partners, members, or shareholders in the rehabilitated certified | ||
historic structure, provided that the entity that claims the credit | ||
must be subject to the tax imposed under this chapter. | ||
Sec. 171.909. RULES. The commission and the comptroller | ||
shall adopt rules necessary to implement this subchapter. | ||
(b) This section takes effect January 1, 2015. | ||
SECTION 15. Sections 171.0021, 171.1016(d), and 171.103(c) | ||
and (d), Tax Code, are repealed. | ||
SECTION 16. Section 1(c), Chapter 286 (H.B. 4765), Acts of | ||
the 81st Legislature, Regular Session, 2009, as amended by Section | ||
37.01, Chapter 4 (S.B. 1), Acts of the 82nd Legislature, 1st Called | ||
Session, 2011, is repealed. | ||
SECTION 17. Section 2, Chapter 286 (H.B. 4765), Acts of the | ||
81st Legislature, Regular Session, 2009, as amended by Section | ||
37.02, Chapter 4 (S.B. 1), Acts of the 82nd Legislature, 1st Called | ||
Session, 2011, and which amended former Subsection (d), Section | ||
171.002, Tax Code, is repealed. | ||
SECTION 18. Section 3, Chapter 286 (H.B. 4765), Acts of the | ||
81st Legislature, Regular Session, 2009, as amended by Section | ||
37.03, Chapter 4 (S.B. 1), Acts of the 82nd Legislature, 1st Called | ||
Session, 2011, and which amended former Subsection (a), Section | ||
171.0021, Tax Code, is repealed. | ||
SECTION 19. This Act applies only to a report originally due | ||
on or after the effective date of this Act. | ||
SECTION 20. Except as otherwise provided by this Act, this | ||
Act takes effect January 1, 2014. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 500 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 117, Nays 24, 7 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 500 on May 24, 2013, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; that the House adopted the conference committee report on | ||
H.B. No. 500 on May 26, 2013, by the following vote: Yeas 131, Nays | ||
14, 1 present, not voting; and that the House adopted H.C.R. No. 221 | ||
authorizing certain corrections in H.B. No. 500 on May 27, 2013, by | ||
the following vote: Yeas 145, Nays 3, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 500 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; that | ||
the Senate adopted the conference committee report on H.B. No. 500 | ||
on May 26, 2013, by the following vote: Yeas 27, Nays 4; and that | ||
the Senate adopted H.C.R. No. 221 authorizing certain corrections | ||
in H.B. No. 500 on May 27, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |