| 1 | 1 | | 81R5852 KLA-D |
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| 2 | 2 | | By: Edwards H.B. No. 1667 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the computation and rates of the franchise tax. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 171.002(a), (b), and (d), Tax Code, are |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) Subject to Sections 171.003 and 171.1016 and except as |
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| 12 | 12 | | provided by Subsection (b), the rate of the franchise tax is 0.75 |
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| 13 | 13 | | [one] percent of taxable margin. |
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| 14 | 14 | | (b) Subject to Sections 171.003 and 171.1016, the rate of |
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| 15 | 15 | | the franchise tax is 0.375 [0.5] percent of taxable margin for those |
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| 16 | 16 | | taxable entities primarily engaged in retail or wholesale trade. |
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| 17 | 17 | | (d) A taxable entity is not required to pay any tax and is |
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| 18 | 18 | | not considered to owe any tax for a period if: |
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| 19 | 19 | | (1) the amount of tax computed for the taxable entity |
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| 20 | 20 | | is less than $1,000; or |
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| 21 | 21 | | (2) the amount of the taxable entity's total revenue |
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| 22 | 22 | | from its entire business is less than or equal to $1 million |
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| 23 | 23 | | [$300,000] or the amount determined under Section 171.006 per |
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| 24 | 24 | | 12-month period on which margin is based. |
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| 25 | 25 | | SECTION 2. Section 171.006(b), Tax Code, is amended to read |
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| 26 | 26 | | as follows: |
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| 27 | 27 | | (b) On [Beginning in 2010, on] January 1 of each |
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| 28 | 28 | | even-numbered year, the amounts prescribed by Sections |
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| 29 | 29 | | 171.002(d)(2)[, 171.0021,] and 171.1013(c) are increased or |
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| 30 | 30 | | decreased by an amount equal to the amount prescribed by those |
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| 31 | 31 | | sections on December 31 of the preceding year multiplied by the |
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| 32 | 32 | | percentage increase or decrease during the preceding state fiscal |
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| 33 | 33 | | biennium in the consumer price index and rounded to the nearest |
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| 34 | 34 | | $10,000. |
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| 35 | 35 | | SECTION 3. Sections 171.0021 and 171.1016(d), Tax Code, are |
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| 36 | 36 | | repealed. |
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| 37 | 37 | | SECTION 4. This Act applies only to a report originally due |
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| 38 | 38 | | on or after the effective date of this Act. |
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| 39 | 39 | | SECTION 5. This Act takes effect January 1, 2010. |
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