Texas House Bill HB2385

Texas 2013 - 83rd Regular

Caption

Relating to eliminating the requirement that a combined group include in its franchise tax report information about gross receipts of members who do not have nexus with this state.

Impact

The bill's enactment is expected to significantly streamline the franchise tax reporting process for many businesses. By no longer requiring information about non-nexus entities, it allows companies to focus on reporting relevant financial data that pertains directly to their operations within Texas. This change could encourage more businesses to engage with the state, potentially leading to increased economic activity and investment. The bill is set to take effect as of January 1, 2014, and applies retroactively to reports due after this date.

Summary

House Bill 2385 aims to amend the Texas Tax Code by eliminating the requirement that companies in a combined group report the gross receipts of members that lack a nexus with Texas in their franchise tax filings. The premise behind this legislation is to simplify tax compliance for businesses operating in Texas, particularly those with complex structures that involve multiple entities, some of which may not have any business connections to the state. By removing the need for such disclosures, supporters argue that it will lessen administrative burdens and costs associated with tax preparations for these combined groups.

Contention

Despite the potential benefits, there may be concerns raised regarding transparency and the overall fairness of taxation. Critics of the bill might argue that removing reporting requirements could hinder the state’s ability to accurately assess tax liabilities, leading to potential revenue losses. Furthermore, there may be concerns that this could disproportionately benefit larger companies with more complex structures, as they may be better equipped to navigate the intricacies of their tax obligations without stringent oversight. As such, the discussion surrounding HB2385 is likely to include debates about the balance between facilitating business operations and ensuring accountability in business taxation.