LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 8, 2001 TO: Honorable Rene Oliveira, Chair, House Committee on Ways & Means FROM: John Keel, Director, Legislative Budget Board IN RE: HB3350 by Keffer (Relating to the calculation of the franchise tax.), As Introduced ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** The bill amends franchise tax law, Chapter 171 of the Tax Code, amending the definition of "Internal Revenue Code" to refer to the code in effect for the federal tax year beginning on or after January 1, 2000, and before January 1, 2001. The estimated net effect of the changes would be to increase franchise tax liability by about $24 million in the upcoming biennium. The bill amends the provision regarding a subsidiary corporation's qualification for excluding officers' and directors' compensation from earned surplus. A subsidiary corporation would not qualify for the exclusion if it had a parent corporation that did not qualify. The changes related to a subsidiary corporation's qualification to exclude officers' and directors' compensation would be a clarification of existing Comptroller policy and thus would have no fiscal impact. Under current law, there is no definition of a "parent corporation." This bill would clarify that a corporation is a parent corporation, if it controls the subsidiary corporation either directly or indirectly. The bill limits to 25 the number of officers and directors whose compensation must be included in earned surplus. If a corporation has more than 25 officers and directors, the bill requires that the compensation of the 25 highest-compensated officers (executive officers if a bank) or directors be added back to earned surplus. The bill strikes the language in current law regarding who is presumed to be an officer of a corporation. The limitation on the number of officers and directors whose compensation must be added back to earned surplus would reduce taxpayers' liabilities. The fiscal impact was estimated using data from the franchise tax files and information on the number of officers at large corporations. With the limit set at the 25 highest-compensated officers or directors, the saving realized by taxpayers would be approximately equal to the additional liability incurred from adopting the more recent Internal Revenue Code provisions, thereby yielding no fiscal implications to the state for the bill in total. The bill would take effect January 1, 2002, and it would apply to reports originally due on or after that date. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts LBB Staff: JK, SD, WP, CT