Texas Senate Bill SB1315

Texas 2009 - 81st Regular

Caption

Relating to the computation of taxable margin for purposes of the franchise tax by a taxable entity principally engaged in Internet hosting.

Impact

With the introduction of this bill, taxable entities that derive more than 50% of their revenue from Internet hosting activities will have their receipts classified as business conducted within Texas, provided their customer's operations are managed from within the state. This change will streamline the tax process for such entities, providing a clear delineation of taxable activities, thus encouraging more accurate reporting and compliance with state tax obligations.

Summary

SB1315 amends the Texas Tax Code to redefine how the taxable margin for franchise tax is computed for entities primarily engaged in Internet hosting. The bill seeks to provide clarity on what constitutes 'Internet hosting,' which is defined as providing access to computer servers and related services, inclusive of cloud computing and data storage. The adjustment aims to account for the evolution of digital services and the growing reliance on internet-based operations by businesses in Texas.

Contention

The discussions surrounding SB1315 revolve around its implications for the tech industry and how it aligns with overall state tax policy. Some stakeholders may view the bill as beneficial by fostering a more favorable tax environment for tech companies, which could attract further investment and innovation. Conversely, there may be concerns regarding the potential impacts on state revenue and whether such tax accommodations disproportionately favor larger corporations over small businesses. The bill's provisions could provoke discussions about fairness in tax policy, especially in relation to other industries not receiving similar treatment.