1 | 1 | | 81R22525 KLA-D |
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2 | 2 | | By: Oliveira H.B. No. 4766 |
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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 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 | | ARTICLE 1. TEMPORARY EXEMPTION INCREASE AND DISCOUNT MODIFICATIONS |
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10 | 10 | | FOR SMALL BUSINESSES |
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11 | 11 | | SECTION 1.01. Section 171.002(d), Tax Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | (d) A taxable entity is not required to pay any tax and is |
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14 | 14 | | not considered to owe any tax for a period if: |
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15 | 15 | | (1) the amount of tax computed for the taxable entity |
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16 | 16 | | is less than $1,000; or |
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17 | 17 | | (2) the amount of the taxable entity's total revenue |
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18 | 18 | | from its entire business is less than or equal to $750,000 |
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19 | 19 | | [$300,000] or the amount determined under Section 171.006 per |
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20 | 20 | | 12-month period on which margin is based. |
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21 | 21 | | SECTION 1.02. Section 171.0021(a), Tax Code, is amended to |
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22 | 22 | | read as follows: |
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23 | 23 | | (a) A taxable entity is entitled to a discount of the tax |
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24 | 24 | | imposed under this chapter that the taxable entity is required to |
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25 | 25 | | pay after determining its taxable margin under Section 171.101, |
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26 | 26 | | applying the appropriate rate of the tax under Section 171.002(a) |
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27 | 27 | | or (b), and subtracting any other allowable credits, as follows: |
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28 | 28 | | (1) for a taxable entity for which the total revenue |
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29 | 29 | | from its entire business is greater than $750,000 [$300,000] but |
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30 | 30 | | less than $900,000 [$400,000], the taxable entity is entitled to a |
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31 | 31 | | discount of 50 [80] percent; and |
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32 | 32 | | (2) for a taxable entity for which the total revenue |
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33 | 33 | | from its entire business is equal to or greater than $900,000 |
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34 | 34 | | [$400,000] but not more than $1 million [less than $500,000], the |
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35 | 35 | | taxable entity is entitled to a discount of 33 [60] percent[; |
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36 | 36 | | [(3) for a taxable entity for which the total revenue |
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37 | 37 | | from its entire business is equal to or greater than $500,000 but |
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38 | 38 | | less than $700,000, the taxable entity is entitled to a discount of |
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39 | 39 | | 40 percent; and |
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40 | 40 | | [(4) for a taxable entity for which the total revenue |
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41 | 41 | | from its entire business is equal to or greater than $700,000 but |
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42 | 42 | | less than $900,000, the taxable entity is entitled to a discount of |
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43 | 43 | | 20 percent]. |
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44 | 44 | | SECTION 1.03. The changes in law made by this article apply |
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45 | 45 | | only to a report originally due on or after the effective date of |
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46 | 46 | | this Act. |
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47 | 47 | | ARTICLE 2. SUNSET OF TEMPORARY INCREASE AND OTHER MODIFICATIONS |
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48 | 48 | | SECTION 2.01. Effective January 1, 2012, Section |
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49 | 49 | | 171.002(d), Tax Code, is amended to read as follows: |
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50 | 50 | | (d) A taxable entity is not required to pay any tax and is |
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51 | 51 | | not considered to owe any tax for a period if: |
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52 | 52 | | (1) the amount of tax computed for the taxable entity |
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53 | 53 | | is less than $1,000; or |
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54 | 54 | | (2) the amount of the taxable entity's total revenue |
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55 | 55 | | from its entire business is less than or equal to $300,000 or the |
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56 | 56 | | amount determined under Section 171.006 per 12-month period on |
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57 | 57 | | which margin is based. |
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58 | 58 | | SECTION 2.02. Effective January 1, 2012, Section |
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59 | 59 | | 171.0021(a), Tax Code, is amended to read as follows: |
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60 | 60 | | (a) A taxable entity is entitled to a discount of the tax |
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61 | 61 | | imposed under this chapter that the taxable entity is required to |
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62 | 62 | | pay after determining its taxable margin under Section 171.101, |
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63 | 63 | | applying the appropriate rate of the tax under Section 171.002(a) |
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64 | 64 | | or (b), and subtracting any other allowable credits, as follows: |
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65 | 65 | | (1) for a taxable entity for which the total revenue |
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66 | 66 | | from its entire business is greater than $300,000 but less than |
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67 | 67 | | $400,000, the taxable entity is entitled to a discount of 80 |
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68 | 68 | | percent; |
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69 | 69 | | (2) for a taxable entity for which the total revenue |
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70 | 70 | | from its entire business is equal to or greater than $400,000 but |
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71 | 71 | | less than $500,000, the taxable entity is entitled to a discount of |
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72 | 72 | | 60 percent; |
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73 | 73 | | (3) for a taxable entity for which the total revenue |
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74 | 74 | | from its entire business is equal to or greater than $500,000 but |
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75 | 75 | | less than $700,000, the taxable entity is entitled to a discount of |
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76 | 76 | | 40 percent; and |
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77 | 77 | | (4) for a taxable entity for which the total revenue |
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78 | 78 | | from its entire business is equal to or greater than $700,000 but |
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79 | 79 | | less than $900,000, the taxable entity is entitled to a discount of |
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80 | 80 | | 20 percent. |
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81 | 81 | | SECTION 2.03. The changes in law made by this article apply |
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82 | 82 | | only to a report originally due on or after January 1, 2012. |
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83 | 83 | | ARTICLE 3. EFFECTIVE DATE |
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84 | 84 | | SECTION 3.01. Except as otherwise provided by this Act, |
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85 | 85 | | this Act takes effect January 1, 2010. |
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