Texas House Bill HB3778

Texas 2009 - 81st Regular

Caption

Relating to the exclusion of certain flow-through funds in determining total revenue for purposes of the franchise tax.

Impact

The implementation of HB 3778 would specifically affect taxable entities that commonly handle flow-through funds, such as real estate companies and subcontractors. By excluding payments like nonemployee sales commissions and certain subcontracting payments from revenue calculations, businesses can potentially lower their taxable income, resulting in reduced franchise tax liability. This change aims to promote more equitable tax treatment and could encourage business growth and investment, particularly in sectors with extensive subcontracting practices.

Summary

House Bill 3778 proposes amendments to the Tax Code concerning the exclusion of specific flow-through funds from the total revenue calculations used for assessing the franchise tax. This bill seeks to provide clarity on what constitutes total revenue for taxable entities, ensuring that certain mandated payments and commissions do not inflate the taxable income. By narrowing the definition of revenue to exclude specific transactions, the bill intends to alleviate some of the tax burdens on businesses engaged in real estate and subcontracting services.

Contention

Despite the potential benefits, discussions around HB 3778 highlight concerns regarding revenue implications for the state. Critics of the bill might argue that excluding certain revenue sources could lead to significant reductions in tax income for state programs, particularly if adopted extensively by high-revenue businesses. There may also be debates regarding the fairness of such exclusions—specifically, whether they disproportionately favor specific industries while leaving others (which do not benefit from similar exclusions) to bear a heavier tax burden.