Relating to the exclusion of certain flow-through funds by taxable entities engaged in the business of transporting aggregates in determining total revenue for purposes of the franchise tax.
Impact
The exclusion of these subcontracting payments is significant as it changes how taxable revenue is reported, potentially lowering franchise tax liabilities for affected businesses. This could incentivize more subcontracting within the industry, promoting economic activity and job creation in the transportation of aggregates sector. By easing the financial obligations tied to taxation, the bill is expected to support the operational capabilities of these companies, potentially leading to lower costs for construction projects across the state.
Summary
House Bill 1733 proposes amendments to the Texas Tax Code concerning the calculation of total revenue for franchise tax purposes specifically for taxable entities primarily engaged in transporting aggregates. The bill allows these entities to exclude certain subcontracting payments made to nonemployee agents from their total revenue calculations. This is aimed at reducing the tax burden on businesses that deliver aggregates, which are commonly used construction materials like sand, gravel, and various types of stone.
Contention
There may be concerns regarding equity and fairness in the tax system, particularly from other industries not benefiting from similar exclusions. The ability to exclude certain payments might lead to questions about the overall tax burden on businesses not engaged in aggregate transportation but who may face higher rates as a result of this special consideration. Additionally, lawmakers may debate whether this bill adequately addresses the broader implications of tax relief and its effectiveness in stimulating growth within this specific sector.
Relating to the amount of the total revenue exemption for the franchise tax and the exclusion of certain taxable entities from the requirement to file a franchise tax report.
Relating to the amount of the total revenue exemption for the franchise tax and the exclusion of certain taxable entities from the requirement to file a franchise tax report.
Relating to agreements authorizing a limitation on taxable value of certain property to provide for the creation of jobs and the generation of state and local tax revenue; authorizing fees; authorizing penalties.