By: Horn H.B. No. 1288
73R2109 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to excluding compensation of officers or directors in
1-3 computing franchise tax liability.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 171.110, Tax Code, is amended to read as
1-6 follows:
1-7 Sec. 171.110. DETERMINATION OF NET TAXABLE EARNED SURPLUS.
1-8 (a) The net taxable earned surplus of a corporation is computed
1-9 by:
1-10 (1) determining the corporation's reportable federal
1-11 taxable income and<,> subtracting from that amount any amount
1-12 included in reportable federal taxable income under Section 78 or
1-13 Sections 951-964, Internal Revenue Code, and dividends received
1-14 from a subsidiary, associate, or affiliated corporation that does
1-15 not transact a substantial portion of its business or regularly
1-16 maintain a substantial portion of its assets in the United States<,
1-17 and adding to that amount any compensation of officers or
1-18 directors, or if a bank, any compensation of directors and
1-19 executive officers, to the extent excluded in determining federal
1-20 taxable income to determine the corporation's taxable earned
1-21 surplus>;
1-22 (2) apportioning the corporation's taxable earned
1-23 surplus to this state as provided by Section 171.106(b) or (c), as
1-24 applicable, to determine the corporation's apportioned taxable
2-1 earned surplus; and
2-2 (3) subtracting from that amount any allowable
2-3 deductions and any business loss that is carried forward to the tax
2-4 reporting period and deductible under Subsection (c) <(e)>.
2-5 (b) <A corporation is not required to add the compensation
2-6 of officers or directors as required by Subsection (a)(1) if the
2-7 corporation is:>
2-8 <(1) a corporation that has not more than 35
2-9 shareholders; or>
2-10 <(2) an S corporation, as that term is defined by
2-11 Section 1361, Internal Revenue Code.>
2-12 <(c) Subsection (b) does not apply to a subsidiary
2-13 corporation unless it applies to the subsidiary's parent
2-14 corporation.>
2-15 <(d)> A corporation's reportable federal taxable income is
2-16 the corporation's federal taxable income after Schedule C special
2-17 deductions and before net operating loss deductions as computed
2-18 under the Internal Revenue Code, except that an S corporation's
2-19 reportable federal taxable income is the amount of the income
2-20 reportable to the Internal Revenue Service as taxable to the
2-21 corporation's shareholders.
2-22 (c) <(e)> For purposes of this section, a business loss is
2-23 any negative amount after apportionment. The business loss shall
2-24 be carried forward to the year succeeding the loss year as a
2-25 deduction to net taxable earned surplus, then successively to the
2-26 succeeding four taxable years after the loss year or until the loss
2-27 is exhausted, whichever occurs first, but for not more than five
3-1 taxable years after the loss year. Notwithstanding the preceding
3-2 sentence, a business loss from a tax year that ends before
3-3 January 1, 1991, may not be used to reduce net taxable earned
3-4 surplus.
3-5 (d) <(f)> A corporation may use either the "first in-first
3-6 out" or "last in-first out" method of accounting to compute its net
3-7 taxable earned surplus, but only to the extent that the corporation
3-8 used that method on its most recent federal income tax report
3-9 originally due on or before the date on which the corporation's
3-10 franchise tax report is originally due.
3-11 <(g) For purposes of this section, an approved Employee
3-12 Stock Ownership Plan controlling a minority interest and voted
3-13 through a single trustee shall be considered one shareholder.>
3-14 SECTION 2. This Act takes effect January 1, 1994, and
3-15 applies to a privilege period beginning on or after that date. The
3-16 change in law made by this Act does not affect the obligation for
3-17 or the payment, computation, and collection of the franchise tax
3-18 for a period not covered by this section.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.