Bill Text: TX SB1231 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to a franchise tax credit for taxable entities that purchase certain theft deterrent and property loss prevention equipment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-11 - Filed [SB1231 Detail]
Download: Texas-2025-SB1231-Introduced.html
89R4902 JBD-D | ||
By: Creighton | S.B. No. 1231 |
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relating to a franchise tax credit for taxable entities that | ||
purchase certain theft deterrent and property loss prevention | ||
equipment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 171, Tax Code, is amended by adding | ||
Subchapter N to read as follows: | ||
SUBCHAPTER N. TAX CREDIT FOR PURCHASE OF THEFT DETERRENT AND | ||
PROPERTY LOSS PREVENTION EQUIPMENT | ||
Sec. 171.701. ENTITLEMENT TO CREDIT. A taxable entity is | ||
entitled to a credit in the amount and under the conditions provided | ||
by this subchapter against the tax imposed under this chapter. | ||
Sec. 171.702. QUALIFICATION. A taxable entity qualifies | ||
for a credit under this subchapter if the taxable entity purchases | ||
one or more items of theft deterrent or property loss prevention | ||
equipment included on the list of eligible equipment adopted under | ||
Section 171.707. | ||
Sec. 171.703. AMOUNT OF CREDIT; LIMITATION. (a) Subject to | ||
Subsection (b), the amount of the credit for a report is equal to | ||
the total amount of costs and expenses incurred by a taxable entity | ||
to purchase items described by Section 171.702 during the period on | ||
which the report is based, including the purchase price of those | ||
items. | ||
(b) The total credit claimed on a report, including the | ||
amount of any carryforward under Section 171.704, may not exceed | ||
the amount of franchise tax due for the report after applying all | ||
other applicable credits. | ||
Sec. 171.704. CARRYFORWARD. (a) A taxable entity that is | ||
eligible for a credit that exceeds the limitation under Section | ||
171.703(b) 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 171.703(b). | ||
(c) Credits, including a carryforward, are considered to be | ||
used in the following order: | ||
(1) a carryforward under this subchapter; and | ||
(2) a current year credit. | ||
Sec. 171.705. APPLICATION FOR CREDIT. (a) A taxable entity | ||
must apply for a credit under this subchapter on or with the report | ||
for the period for which the credit is claimed. | ||
(b) The comptroller shall prescribe the form and method a | ||
taxable entity must use to apply for the credit. | ||
(c) The comptroller may require a taxable entity to submit | ||
with an application any information needed to determine whether the | ||
taxable entity qualifies for the credit or the amount of the credit. | ||
Sec. 171.706. ASSIGNMENT PROHIBITED; EXEMPTION. A taxable | ||
entity may not convey, assign, or transfer the credit allowed under | ||
this subchapter to another taxable entity unless substantially all | ||
of the assets of the taxable entity are conveyed, assigned, or | ||
transferred in the same transaction. | ||
Sec. 171.707. RULES. The comptroller shall adopt rules | ||
necessary to implement and administer this subchapter, including a | ||
list of equipment useful or necessary to deter theft or prevent | ||
property loss that is eligible for the credit. | ||
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, 2026. |