By: Turner S.B. No. 1187
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the apportionment of taxable capital and taxable earned
1-2 surplus to the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 171.106, Tax Code, is
1-5 amended by adding Subsection (d) to read as follows:
1-6 (d) A corporation's taxable capital or earned surplus that
1-7 is derived, directly or indirectly, from the sale of management,
1-8 administration or investment services to an employee retirement
1-9 plan is apportioned to this state to determine the amount of the
1-10 tax imposed under Section 171.002 by multiplying the corporation's
1-11 total taxable capital or earned surplus from the sale of services
1-12 to an employee retirement plan company by a fraction, the numerator
1-13 of which is the average of the sum of beneficiaries domiciled in
1-14 Texas at the beginning of the year and the sum of beneficiaries
1-15 domiciled in Texas at the end of the year, and the denominator of
1-16 which is the average of the sum of all beneficiaries at the
1-17 beginning of the year and the sum of all beneficiaries at the end
1-18 of the year. The corporation shall make a separate computation to
1-19 allocate taxable capital and earned surplus. In this subsection,
1-20 "employee retirement plan" means a plan or other arrangement that
1-21 is qualified under Section 401(a) of the Internal Revenue Code or
1-22 satisfies the requirements of Section 403 of the Internal Revenue
1-23 Code or a government plan described in Section 414(d) of the
2-1 Internal Revenue Code, but does not include an individual
2-2 retirement account or individual retirement annuity within the
2-3 meaning of Section 408 of the Internal Revenue Code.
2-4 SECTION 2. This Act takes effect September 1, 1995.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.