Texas House Bill HB4269

Texas 2009 - 81st Regular

Caption

Relating to the definition of passive entity for purposes of the franchise tax.

Impact

The implications of HB 4269 are significant for entities subjected to the franchise tax, particularly partnerships and trusts. By refining the definition of passive entities, the bill seeks to ensure that these entities are taxed fairly based on their actual business conduct. It intends to prevent tax avoidance by establishing a clear threshold for passive income, thereby ensuring that entities involved in active trade or business do not inadvertently fall under the passive category and face unintended tax consequences.

Summary

House Bill 4269 addresses the definition of a 'passive entity' concerning franchise tax regulations in Texas. The bill amends Section 171.0003 of the Texas Tax Code to clarify the criteria under which an entity qualifies as passive. To be considered a passive entity, the bill stipulates that an entity must predominantly generate income (at least 90%) from specific sources, such as dividends, interest, and capital gains from certain types of sales. This reform aims to enhance the clarity and functionality of the franchise tax framework.

Contention

Notably, the discussions around HB 4269 may involve debates on its fair application among different types of businesses and legal entities. Stakeholders might argue about the fairness of the new definition, particularly regarding whether it could disproportionately impact certain types of entities or business models that rely on diverse income streams. Thus, while the bill aims to promote clarity, it could also open up discussions on the equity of tax regulations within various business sectors.