Texas 2017 - 85th Regular

Texas Senate Bill SB142

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the determination of cost of goods sold for purposes of computing the franchise tax.

Impact

The proposed changes will directly impact how taxable entities compute their margins under the franchise tax. By allowing for more flexible interpretations of COGS and offering alternative methods of calculating these costs, SB142 aims to reduce the tax burden on companies that may otherwise face financial strain under the existing calculations. This modification could potentially encourage growth and investment in the transportation industry across the state, aligning with the needs of businesses operating in a competitive environment.

Summary

SB142 aims to clarify and modify the regulations surrounding the determination of cost of goods sold (COGS) for entities subject to Texas franchise tax. Specifically, it stipulates that taxable entities primarily engaged in transporting goods via waterways may exclude certain direct costs from their total revenue calculation if they do not subtract these costs when computing their taxable margin. This change is intended to streamline the tax process for businesses in the transportation sector, promoting clarity and consistency in tax obligations, particularly for those involved in interstate and intrastate shipping activities.

Contention

Although the bill seeks to simplify tax computations, it may encounter contention from parties concerned about the broader implications of such tax modifications. Potential critics, including fiscal conservatives or those advocating for a more equitable tax system, might argue that simplifying the COGS determination could result in decreased total tax revenues. Furthermore, there might be concerns regarding transparency, as alterations in tax calculations can sometimes lead to complexities and challenges in ensuring fair tax obligations among different sectors.

Companion Bills

TX HB2545

Identical Relating to the determination of cost of goods sold for purposes of computing the franchise tax.

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