By Greenberg H.B. No. 63
76R1303 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a franchise tax exemption for certain research and
1-3 development activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 171, Tax Code, is amended
1-6 by adding Section 171.114 to read as follows:
1-7 Sec. 171.114. CREDIT ON NET TAXABLE EARNED SURPLUS FOR
1-8 RESEARCH AND DEVELOPMENT ACTIVITIES. (a) A corporation is
1-9 entitled to a credit against the tax due under this chapter on net
1-10 taxable earned surplus as provided by this section.
1-11 (b) Subject to Subsections (c) and (d), the credit for any
1-12 privilege period equals the sum of:
1-13 (1) 10 percent of the qualified research expenses for
1-14 this state for that period; and
1-15 (2) 15 percent of the basic research payments
1-16 determined for this state for that period.
1-17 (c) The credit may not exceed:
1-18 (1) for the first privilege period in which the
1-19 taxpayer claims the credit, $100,000;
1-20 (2) for the second privilege period, $250,000;
1-21 (3) for the third privilege period, $400,000; and
1-22 (4) for the fourth and subsequent privilege periods,
1-23 $500,000.
1-24 (d) The amount of the credit may not reduce the tax below
2-1 zero.
2-2 (e) If a taxpayer is entitled to a credit that exceeds the
2-3 limitation under Subsection (c) for a privilege period, the
2-4 taxpayer may carry the credit forward for not more than 15
2-5 consecutive privilege periods.
2-6 (f) If a corporation's accounting year does not correspond
2-7 to the privilege period, any amount used to calculate the credit
2-8 shall be multiplied by a ratio the numerator of which is the number
2-9 of days in the corporation's accounting year that are also in the
2-10 privilege period and the denominator of which is the number of days
2-11 in the privilege period.
2-12 (g) The comptroller shall adopt rules necessary to implement
2-13 this section.
2-14 (h) This section applies only to an expenditure by a
2-15 corporation made on or before December 31, 2017.
2-16 (i) In this section, "basic research payment" and "qualified
2-17 research expense" have the meanings assigned those terms by Section
2-18 41, Internal Revenue Code of 1986.
2-19 SECTION 2. This Act takes effect January 1, 2002, and
2-20 applies only to a report originally due on or after that date.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.