By Shields H.B. No. 760
75R3323 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a franchise tax credit for contributions made to
1-3 medical savings accounts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 171, Tax Code, is amended by adding
1-6 Subchapter N to read as follows:
1-7 SUBCHAPTER N. TAX CREDIT FOR CONTRIBUTIONS TO
1-8 MEDICAL SAVINGS ACCOUNT
1-9 Sec. 171.701. DEFINITION. In this subchapter, "medical
1-10 savings account" has the meaning assigned by 26 U.S.C.A. Section
1-11 220(d)(1).
1-12 Sec. 171.702. CREDIT. A corporation that meets the
1-13 eligibility requirements under this subchapter is entitled to a
1-14 credit in the amount allowed under this subchapter against the tax
1-15 imposed under this chapter.
1-16 Sec. 171.703. CREDIT FOR CONTRIBUTIONS TO MEDICAL SAVINGS
1-17 ACCOUNT. (a) A corporation is eligible for a credit under this
1-18 subchapter only if the corporation:
1-19 (1) made a contribution to a medical savings account
1-20 for an employee during the reporting period; and
1-21 (2) employed an average of 50 or fewer employees
1-22 during the reporting period.
1-23 (b) The amount of the credit is equal to the total amount
1-24 the employer contributed to medical savings accounts for employees
2-1 during the reporting period.
2-2 Sec. 171.704. APPLICATION FOR CREDIT. (a) A corporation
2-3 must apply for a credit under this subchapter on or with the tax
2-4 report for the period for which the credit is claimed.
2-5 (b) The corporation shall adopt a form for the application
2-6 for the credit. A corporation must use this form in applying for
2-7 the credit.
2-8 Sec. 171.705. PERIOD FOR WHICH CREDIT MAY BE CLAIMED. (a)
2-9 Except as provided by Subsection (b), a corporation may claim a
2-10 credit under this subchapter for contributions made during an
2-11 accounting period only against the tax owed for the corresponding
2-12 reporting period.
2-13 (b) A corporation may not claim a credit in an amount that
2-14 exceeds the amount of the tax due for the report. A corporation
2-15 shall apply unused credit each reporting period toward the tax due
2-16 under this chapter until the credit is used.
2-17 Sec. 171.706. ASSIGNMENT PROHIBITED. A corporation may not
2-18 convey, assign, or transfer the credit allowed under this
2-19 subchapter to another entity unless all of the assets of the
2-20 corporation are conveyed, assigned, or transferred in the same
2-21 transaction.
2-22 SECTION 2. This Act applies to reports originally due on or
2-23 after January 1, 1998.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.