4 | 10 | | AN ACT |
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5 | 11 | | relating to a deduction under the franchise tax for certain |
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6 | 12 | | contracts with the federal government. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. The legislature finds that: |
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9 | 15 | | (1) Texas is an epicenter of this nation's aerospace, |
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10 | 16 | | aviation, defense, and military industries; |
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11 | 17 | | (2) with NASA's Johnson Space Center in Houston, the |
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12 | 18 | | new Army Futures Command, 15 active military bases across the |
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13 | 19 | | state, and major military aircraft manufacturing and maintenance |
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14 | 20 | | operations, the Texas economy and our nation's aerospace and |
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15 | 21 | | defense capabilities are inextricably linked; |
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16 | 22 | | (3) these crucial industries employ tens of thousands |
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17 | 23 | | of Texans and support dozens of our communities across the state; |
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18 | 24 | | and |
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19 | 25 | | (4) it is therefore paramount that state tax policy |
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20 | 26 | | foster a competitive economic climate to ensure growth and |
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21 | 27 | | retention of jobs related to the development, manufacture, |
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22 | 28 | | maintenance, and ongoing services for military hardware, aircraft, |
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23 | 29 | | spacecraft, and weapons systems used by and produced for our armed |
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24 | 30 | | forces, related federal government agencies, and our global allies. |
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25 | 31 | | SECTION 2. Section 171.101, Tax Code, is amended by adding |
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26 | 32 | | Subsections (e) and (f) to read as follows: |
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27 | 33 | | (e) For purposes of Subsection (f), "aerospace costs" means |
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28 | 34 | | any costs not already subtracted under Subsection (a)(1)(B)(ii)(a) |
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29 | 35 | | that are properly allocated and incurred under the Federal |
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30 | 36 | | Acquisition Regulation (48 C.F.R. Chapter 1) and subject to the |
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31 | 37 | | requirements of 48 C.F.R. Chapter 2 or Chapter 18 for contracts, or |
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32 | 38 | | subcontracts supporting those contracts, for the sale of goods or |
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33 | 39 | | services to the federal government by a taxable entity in the |
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34 | 40 | | aerospace industry that is engaged in activities described by North |
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35 | 41 | | American Industry Classification System code 334511, 3364, 3399, |
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36 | 42 | | 5413, 5415, 5416, or 5419. For purposes of this subsection, a |
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37 | 43 | | reference to a federal regulation includes a successor regulation. |
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38 | 44 | | (f) In computing the sum for purposes of Subsection |
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39 | 45 | | (a)(1)(B)(ii), a taxable entity may add to other amounts described |
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40 | 46 | | by that subparagraph: |
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41 | 47 | | (1) for a report originally due on or after January 1, |
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42 | 48 | | 2020, and before January 1, 2021, 20 percent of aerospace costs; |
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43 | 49 | | (2) for a report originally due on or after January 1, |
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44 | 50 | | 2021, and before January 1, 2022, 40 percent of aerospace costs; |
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45 | 51 | | (3) for a report originally due on or after January 1, |
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46 | 52 | | 2022, and before January 1, 2023, 60 percent of aerospace costs; |
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47 | 53 | | (4) for a report originally due on or after January 1, |
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48 | 54 | | 2023, and before January 1, 2024, 80 percent of aerospace costs; and |
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49 | 55 | | (5) for a report originally due on or after January 1, |
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50 | 56 | | 2024, 100 percent of aerospace costs. |
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51 | 57 | | SECTION 3. This Act takes effect January 1, 2020. |
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