Texas House Bill HB2704

Texas 2021 - 87th Regular

Caption

Relating to the treatment of certain limited liability companies as passive entities for purposes of the franchise tax.

Impact

If enacted, HB2704 would introduce substantial changes to the way LLCs are taxed in Texas, potentially reducing the franchise tax burden on those classified as passive entities. By setting clear thresholds for this classification, the bill aims to encourage investment in passive income-generating activities rather than active trading, which could have longer-term implications for economic activity in the state, particularly in sectors reliant on passive income streams. Notably, the bill establishes that it would apply only to reports due after the effective date of the law, allowing time for entities to adjust their reporting practices accordingly.

Summary

House Bill 2704 aims to revise the regulations pertaining to certain limited liability companies (LLCs) in Texas, specifically concerning their classification as passive entities for franchise tax purposes. The bill proposes that an entity can be recognized as a passive entity if its federal gross income comprises at least 90% from specified passive sources, including dividends, interest, capital gains from sales, and certain mining incomes. The intention behind this amendment rests on simplifying the tax obligations of companies that predominantly earn passive income rather than engaging in active trades or businesses.

Contention

While the bill presents a streamlined approach that may benefit specific business operations, there could be contention surrounding the implications of such a classification. Critics may argue that this could lead to significant tax advantages for larger corporations or wealthy individuals who utilize LLCs for passive income, potentially widening the tax gap. Additionally, concerns may arise about the effectiveness of defining and monitoring the sources of income to ensure compliance with the new regulations, particularly in distinguishing between active and passive income streams.