| 1 | 1 | | 88R7848 BEF-D |
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| 2 | 2 | | By: Creighton S.B. No. 1476 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a franchise tax credit for taxable entities that |
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| 8 | 8 | | purchase certain theft deterrent and property loss prevention |
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| 9 | 9 | | equipment. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 171, Tax Code, is amended by adding |
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| 12 | 12 | | Subchapter N to read as follows: |
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| 13 | 13 | | SUBCHAPTER N. TAX CREDIT FOR PURCHASE OF THEFT DETERRENT AND |
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| 14 | 14 | | PROPERTY LOSS PREVENTION EQUIPMENT |
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| 15 | 15 | | Sec. 171.701. ENTITLEMENT TO CREDIT. A taxable entity is |
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| 16 | 16 | | entitled to a credit in the amount and under the conditions provided |
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| 17 | 17 | | by this subchapter against the tax imposed under this chapter. |
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| 18 | 18 | | Sec. 171.702. QUALIFICATION. A taxable entity qualifies |
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| 19 | 19 | | for a credit under this subchapter if the taxable entity purchases |
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| 20 | 20 | | one or more items of theft deterrent or property loss prevention |
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| 21 | 21 | | equipment included on the list of eligible equipment adopted under |
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| 22 | 22 | | Section 171.707. |
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| 23 | 23 | | Sec. 171.703. AMOUNT OF CREDIT; LIMITATION. (a) Subject to |
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| 24 | 24 | | Subsection (b), the amount of the credit for a report is equal to |
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| 25 | 25 | | the total amount of costs and expenses incurred by a taxable entity |
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| 26 | 26 | | to purchase items described by Section 171.702 during the period on |
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| 27 | 27 | | which the report is based, including the purchase price of those |
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| 28 | 28 | | items. |
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| 29 | 29 | | (b) The total credit claimed on a report, including the |
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| 30 | 30 | | amount of any carryforward under Section 171.704, may not exceed |
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| 31 | 31 | | the amount of franchise tax due for the report after applying all |
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| 32 | 32 | | other applicable credits. |
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| 33 | 33 | | Sec. 171.704. CARRYFORWARD. (a) A taxable entity that is |
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| 34 | 34 | | eligible for a credit that exceeds the limitation under Section |
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| 35 | 35 | | 171.703(b) may carry the unused credit forward for not more than |
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| 36 | 36 | | five consecutive reports. |
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| 37 | 37 | | (b) A carryforward is considered the remaining portion of a |
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| 38 | 38 | | credit that cannot be claimed in the current year because of the |
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| 39 | 39 | | limitation under Section 171.703(b). |
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| 40 | 40 | | (c) Credits, including a carryforward, are considered to be |
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| 41 | 41 | | used in the following order: |
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| 42 | 42 | | (1) a carryforward under this subchapter; and |
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| 43 | 43 | | (2) a current year credit. |
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| 44 | 44 | | Sec. 171.705. APPLICATION FOR CREDIT. (a) A taxable entity |
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| 45 | 45 | | must apply for a credit under this subchapter on or with the report |
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| 46 | 46 | | for the period for which the credit is claimed. |
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| 47 | 47 | | (b) The comptroller shall prescribe the form and method a |
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| 48 | 48 | | taxable entity must use to apply for the credit. |
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| 49 | 49 | | (c) The comptroller may require a taxable entity to submit |
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| 50 | 50 | | with an application any information needed to determine whether the |
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| 51 | 51 | | taxable entity qualifies for the credit or the amount of the credit. |
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| 52 | 52 | | Sec. 171.706. ASSIGNMENT PROHIBITED; EXEMPTION. A taxable |
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| 53 | 53 | | entity may not convey, assign, or transfer the credit allowed under |
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| 54 | 54 | | this subchapter to another taxable entity unless substantially all |
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| 55 | 55 | | of the assets of the taxable entity are conveyed, assigned, or |
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| 56 | 56 | | transferred in the same transaction. |
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| 57 | 57 | | Sec. 171.707. RULES. The comptroller shall adopt rules |
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| 58 | 58 | | necessary to implement and administer this subchapter, including a |
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| 59 | 59 | | list of equipment useful or necessary to deter theft or prevent |
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| 60 | 60 | | property loss that is eligible for the credit. |
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| 61 | 61 | | SECTION 2. This Act applies only to a report originally due |
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| 62 | 62 | | on or after the effective date of this Act. |
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| 63 | 63 | | SECTION 3. This Act takes effect January 1, 2024. |
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