By Kitchen H.B. No. 983
77R498 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a franchise tax credit for expenditures made toward the
1-3 cost of long-term care insurance policies for certain employees.
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 S to read as follows:
1-7 SUBCHAPTER S. TAX CREDIT FOR EXPENDITURES FOR LONG-TERM CARE
1-8 INSURANCE POLICY
1-9 Sec. 171.851. DEFINITION. In this subchapter, "long-term
1-10 care insurance policy" has the meaning assigned by Section 2,
1-11 Article 3.70-12, Insurance Code.
1-12 Sec. 171.852. ELIGIBILITY. A corporation is eligible for a
1-13 credit against the tax imposed under this chapter in the amount and
1-14 under the conditions and limitations provided by this subchapter.
1-15 Sec. 171.853. CREDIT FOR PURCHASE OF LONG-TERM CARE
1-16 INSURANCE POLICY. A corporation may claim a credit under this
1-17 subchapter only for an expenditure made toward the cost of a
1-18 long-term care insurance policy for an employee or the employee's
1-19 spouse or parent.
1-20 Sec. 171.854. AMOUNTS; LIMITATIONS. (a) The amount of the
1-21 credit in relation to an employee and the employee's spouse or
1-22 parent is equal to the lesser of:
1-23 (1) 20 percent of the cost incurred by the employer;
1-24 or
2-1 (2) $100.
2-2 (b) The total credit under this subchapter for a report may
2-3 not exceed $5,000.
2-4 (c) The total credit claimed under this subchapter for a
2-5 period may not exceed the amount of franchise tax due for the
2-6 report after any other applicable tax credits.
2-7 (d) A corporation may claim a credit under this subchapter
2-8 for an expenditure made during an accounting period only against
2-9 the tax owed for the corresponding reporting period.
2-10 Sec. 171.855. APPLICATION FOR CREDIT. (a) A corporation
2-11 must apply for a credit under this subchapter on or with the tax
2-12 report for the period for which the credit is claimed.
2-13 (b) The comptroller shall adopt a form for the application
2-14 for the credit. A corporation must use this form in applying for
2-15 the credit.
2-16 Sec. 171.856. ASSIGNMENT PROHIBITED. A corporation may not
2-17 convey, assign, or transfer the credit allowed under this
2-18 subchapter to another entity unless all of the assets of the
2-19 corporation are conveyed, assigned, or transferred in the same
2-20 transaction.
2-21 SECTION 2. (a) This Act takes effect January 1, 2002, and
2-22 applies only to a report due on or after that date.
2-23 (b) A corporation may claim a credit under Subchapter S,
2-24 Chapter 171, Tax Code, as added by this Act, only for an
2-25 expenditure made on or after January 1, 2002.