SWB C.S.H.B. 760 75(R) BILL ANALYSIS WAYS & MEANS C.S.H.B. 760 By: Shields 4-2-97 Committee Report (Substituted) BACKGROUND A medical savings account (MSA) is an account that is established by an employer for the benefit of the employees. It is funded with the difference in premiums between a high deductible health care policy and a low deductible policy. The account accumulates over time to fund preventative care and future health care expenses. Current law provides no tax benefit for employers to establish this type of an account. PURPOSE The bill would provide a franchise tax credit to certain employers that establish and contribute to medical savings accounts. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1.Amends Chapter 171, Tax Code, by adding Subchapter N. TAX CREDIT FOR CONTRIBUTIONS TO MEDICAL SAVINGS ACCOUNT. Sec. 171.701. DEFINITION. Defines medical savings account as having the same meaning assigned by 26 U.S.C.A. Sec. 220(d)(1). Sec. 171.702. CREDIT. Provides that eligible corporations are entitled to a tax credit. Sec. 171.703. CREDIT FOR CONTRIBUTIONS TO MEDICAL SAVINGS ACCOUNT. Defines criteria for an eligible corporation: 1. The corporation must not have offered a health benefit plan to its employees on or after January 1, 1997. 2. The corporation must have made a contribution to a MSA during the reporting period. 3. The corporation must have employed 50 or fewer employees during the reporting period. Also provides that the amount of the credit is equal to 50 percent of the total amount of the employer's contributions to MSAs for employees. Sec. 171.704. APPLICATION FOR CREDIT. States that the corporation must adopt a form and apply for the credit. Sec. 171.705. PERIOD FOR WHICH CREDIT MAY BE CLAIMED. Provides that the credit can only apply for taxes due in the same reporting period, and that the credit cannot exceed the amount of taxes due. Also provides for credit carry forward. Sec. 171.706. ASSIGNMENT PROHIBITED. Prohibits assigning the tax credit to another entity, with an exception for the sale or acquisition of the company. SECTION 2.This Act applies to reports due on or after January 1, 2000. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 760 differs from H.B. 760 in three aspects: 1) C.S.H.B. 760 limits eligible corporations to those that have not offered a health benefit plan to their employees on or after January 1, 1997. 2) C.S.H.B. 760 also limits the franchise tax credit to 50 percent of the total amount of the employer's contributions to MSAs for employees. H.B. 760 allowed franchise tax credits for the full amount of contributions to MSAs. 3) C.S.H.B. 760 changes the date of reports due for which the Act applies to January 1, 2000. The effective date for H.B. 760 was January 1, 1998.