81R5433 JE-D
By: Jackson, Mike S.B. No. 732
A BILL TO BE ENTITLED
AN ACT
relating to a franchise tax credit for employers that allow
employees to telecommute.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 171, Tax Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. TAX CREDIT FOR EMPLOYERS WITH CERTAIN TELECOMMUTING
EMPLOYEES
Sec. 171.601. DEFINITIONS. In this subchapter:
(1) "Qualified employee" means a person who:
(A) has a written agreement with a taxable entity
that is the person's employer defining the duties of the taxable
entity and person with respect to a job allowing the person to
telecommute;
(B) has a predetermined schedule with the taxable
entity of when the person will telecommute; and
(C) telecommutes at least 24 hours in a work
week.
(2) "Telecommute" means using telecommunications
technology to work from an employee's residence.
Sec. 171.602. ELIGIBILITY. A taxable entity is eligible
for a credit against the tax imposed under this chapter for a period
in the amount and under the conditions provided by this subchapter.
Sec. 171.603. COMPUTATION OF CREDIT; LIMITATIONS. (a)
Except as provided by Subsection (b), the total amount of the credit
to which a taxable entity is entitled under this subchapter for a
period is computed by:
(1) determining the total number of qualified
employees the taxable entity had each week in a period; and
(2) multiplying the result of Subdivision (1) by $25.
(b) The total credit claimed under this subchapter for a
period may not exceed the total amount of franchise tax due for the
report after any other applicable tax credits.
Sec. 171.604. APPLICATION FOR CREDIT. (a) A taxable entity
must apply for a credit under this subchapter on or with the tax
report for the period for which the credit is claimed.
(b) The comptroller shall adopt a form for the application
for the credit. A taxable entity must use this form in applying for
the credit.
SECTION 2. This Act applies only to a report originally due
on or after the effective date of this Act.
SECTION 3. This Act takes effect January 1, 2010.