JWB H.B. 2674 75(R)BILL ANALYSIS WAYS & MEANS H.B. 2674 By: Isett 4-18-97 Committee Report (Unamended) BACKGROUND Section 171.001, Tax Code (Tax Imposed), provides for the imposition of the state's franchise tax. For purposes of calculating the franchise tax, the Internal Revenue Code is defined in such a way that subsequent changes to the Internal Revenue Code are not recognized. This "freezes" the version used and causes complying businesses to track multiple versions of the Internal Revenue Code. Many businesses may be unaware of this aspect of the Tax Code and therefore are not in compliance, but those businesses that follow the letter of the law have the burden of calculating Federal Income Tax twice -- once (using the current rules) for federal tax purposes and once (using the old rules) for franchise taxes. PURPOSE This bill changes the Tax Code definition of the Internal Revenue Code to include subsequent amendments, so that the franchise tax calculation is tied to the current Internal Revenue Code. 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 Section 171.001(b)(5), Tax Code (Tax Imposed), to define Internal Revenue Code as the code of 1986, including any subsequent amendments. SECTION 2. States that this Act applies only to a report due under Chapter 171, Tax Code (Franchise Tax), on or after the effective date of this Act. SECTION 3. Emergency clause.