Texas 2023 - 88th 2nd C.S.

Texas House Bill HB3

Filed
7/10/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the amount of the total revenue exemption for the franchise tax and the exclusion of certain taxable entities from the requirement to file a franchise tax report.

Impact

The passage of HB3 has significant implications for state tax law and the financial landscape for small businesses in Texas. By increasing the exemption limit, the bill aims to promote economic growth by reducing the tax burden on small businesses. The legislative discussions highlighted that this change might encourage entrepreneurship and enhance the ability of small businesses to allocate their resources more efficiently. However, it also raises questions regarding the long-term fiscal impacts on state revenue derived from franchise taxes.

Summary

House Bill 3 (HB3) addresses the total revenue exemption for the franchise tax and aims to relieve small businesses from certain reporting obligations. Specifically, the bill raises the revenue exemption threshold from $1 million to $2.47 million, allowing many small businesses to be exempt from paying franchise tax altogether if their revenue falls below this level. Additionally, it eliminates the requirement for certain taxable entities to file a franchise tax report when they do not owe any tax under this new structure.

Sentiment

General sentiment around HB3 has been largely positive among business advocacy groups and legislators who believe that reducing financial barriers for small businesses fosters a healthier economy. Supporters contend that the changes will enable small businesses to thrive and reinvest in their operations. However, concerns remain among some legislators who worry about the potential reduction in state tax revenues and the need for alternative revenue sources to maintain public services, particularly in education and infrastructure.

Contention

The main points of contention center around the balance of providing tax relief to small businesses while ensuring adequate state funding for essential services. Though proponents of HB3 argue that the benefits to small businesses outweigh the drawbacks, opponents stress the risks associated with diminishing state tax revenues, which could impact funding for public education and other vital services. The debate reflects a broader conflict in tax policy: how to stimulate economic growth without compromising the state’s fiscal health.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 171. Franchise Tax
    • Section: 002
    • Section: 204
    • Section: New Section
    • Section: 002
    • Section: 204
    • Section: New Section

Companion Bills

TX SB3

Identical Relating to the amount of the total revenue exemption for the franchise tax and the exclusion of certain taxable entities from the requirement to file a franchise tax report.

Previously Filed As

TX SB1061

Relating to the computation of and total revenue exemption for the franchise tax.

TX SB26

Relating to providing property tax relief through the public school finance system, exemptions, and limitations on taxes and providing franchise tax relief.

TX HB4747

Relating to a franchise tax credit for taxable entities that provide child care.

TX HB3785

Relating to a franchise tax credit for taxable entities that employ certain apprentices.

TX HB2213

Relating to lowering the rates of and repealing the franchise tax.

TX SB1476

Relating to a franchise tax credit for taxable entities that purchase certain theft deterrent and property loss prevention equipment.

TX HB1280

Relating to the determination of compensation and reporting requirements for the franchise tax.

TX SB953

Relating to the determination of compensation and reporting requirements for the franchise tax.

TX HB5263

Relating to a franchise tax credit for certain taxable entities that provide certain employees with job-related skills training.

TX SB1605

Relating to the reduction of the rates of the franchise tax.

Similar Bills

No similar bills found.