Texas 2025 - 89th Regular

Texas House Bill HB1769

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

Impact

The effect of HB1769 will primarily concern businesses involved in rental and leasing activities that fall under the upgraded definition of retail trade. By clearly integrating more specific categories of activities into the tax code, the bill could provide these businesses with clearer guidance on their tax obligations. This aims to promote compliance among affected entities and ensure that the tax system aligns with contemporary business practices, thereby potentially minimizing ambiguity in tax reporting and classifications.

Summary

House Bill 1769 proposes amendments to the Texas Tax Code specifically regarding the classification of certain entities as primarily engaged in retail trade for franchise tax purposes. The bill aims to clarify the criteria used to define 'retail trade' based on activities listed in the 1987 Standard Industrial Classification Manual published by the federal Office of Management and Budget. This reclassification is intended to ensure that specific rental and leasing activities, including those related to industrial uniforms and heavy equipment, are unambiguously recognized within the context of franchise taxation.

Contention

While the specifics of the bill may be viewed favorably by entities looking for clearer definitions, potential contention may arise from groups arguing that the reclassification could lead to increased tax burdens on certain businesses or sectors. Additionally, ensuring alignment of state regulations with federal classifications may spur discussions on legislative intentions and the repercussions of modifying established tax principles. Stakeholders in the retail and leasing sectors might have varied reactions based on how these changes affect their operational costs and tax liabilities.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 171. Franchise Tax
    • Section: 0001

Companion Bills

TX SB2774

Identical Relating to the classification of certain entities as primarily engaged in retail trade for purposes of the franchise tax.

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