Texas 2017 - 85th Regular

Texas House Bill HB423

Filed
11/21/16  
Out of House Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete.

Impact

The primary impact of HB 423 would be on the franchise tax calculation for businesses involved in the transportation of ready-mixed concrete. By permitting the deduction of these specific costs, the bill seeks to alleviate some financial burdens on these taxable entities, potentially allowing them to reinvest savings into their operations. This change in the tax code could lead to a more favorable business environment for companies within this industry, impacting their profitability and competitiveness.

Summary

House Bill 423 pertains specifically to the computation of cost of goods sold for taxable entities engaged in the transportation of ready-mixed concrete. The bill amends the Texas Tax Code, allowing these entities to subtract distribution and rehandling costs from their gross revenue when calculating their franchise tax obligations, even if they do not own the concrete being transported. This provision aims to accommodate the unique nature of the ready-mixed concrete business, where transportation and distribution are significant components of operational costs.

Sentiment

The sentiment surrounding HB 423 has generally been supportive from industry stakeholders and businesses involved in ready-mixed concrete transportation. Advocates of the bill, particularly from the construction industry, argue that the changes would lead to more equitable tax treatment, reflecting the actual costs incurred during transportation. However, there were some concerns raised regarding potential misuse of the provisions, emphasizing a need for clear definitions of allowable deductions.

Contention

While the discussions around HB 423 seem to have been largely favorable, there are underlying points of contention regarding the implementation and enforcement of the amendments to the tax code. Some lawmakers expressed concerns about ensuring that the provisions do not lead to unintended loopholes that could be exploited by businesses, potentially resulting in a loss of tax revenue for the state. The debate highlighted a balance that needs to be struck between providing tax relief to a specific industry while safeguarding the state's revenue interests.

Companion Bills

TX SB1108

Identical Relating to the computation of cost of goods sold for purposes of the franchise tax by taxable entities that transport ready-mixed concrete.

Similar Bills

No similar bills found.