Texas House Bill HB1289

Texas 2013 - 83rd Regular

Caption

Relating to the exclusion of certain service costs in determining a taxable entity's taxable margin for purposes of the franchise tax.

Impact

The implications of HB 1289 could significantly affect how transportation companies operating in Texas calculate their taxable margins. By excluding specific transportation costs from total revenue, the legislation intends to create a more equitable tax environment for these businesses, enabling them to invest in operations and growth without the burden of exaggerated tax liabilities. It is seen as a measure that could potentially foster economic development in regions reliant on waterway transportation, reflecting the state's commitment to supporting this critical industry.

Summary

House Bill 1289 addresses tax regulations concerning certain transportation service costs for businesses engaged in the transportation of commodities via waterways. The bill seeks to amend the Texas Tax Code by allowing these entities, that do not subtract the cost of goods sold when calculating their taxable margins, to exclude direct costs associated with inbound and outbound transportation services. This move aims to provide financial relief for businesses in this sector by reducing their taxable revenue at the state level, potentially leading to lower franchise tax obligations overall.

Contention

While the bill enjoys wide support, including a unanimous vote in the House on May 9, 2013, there may be points of contention among different stakeholders, especially concerning how it interacts with broader tax policy and its fairness compared to other business sectors. Some critics may argue that such exclusions could create disparities in tax responsibilities among different types of businesses and may lead to calls for similar exemptions for other industries. The potential for establishing a precedent for varying tax treatments across sectors could be a topic for future legislative sessions.