Floor Packet Page No. 77
Amend Section 3 of CSHB 3 beginning at line 27 on page 58 by
deleting current Section 171.111 and inserting new Section 171.111,
as follows:
Sec. 171.111. TEMPORARY CREDIT ON TAXABLE MARGIN. [NET
TAXABLE EARNED SURPLUS.] (a) Not later than March 1, 2007, a
taxable entity [1992, a corporation] may notify the comptroller in
writing of its intent to preserve its right to take a credit in an
amount allowed by this section on the tax due on taxable margin.
The taxable entity [net taxable earned surplus. The comptroller
may not grant an extension. The corporation] may thereafter elect
to claim the credit for the current year and future year at or
before the original due date of any report due after January 1,
2007, [1992,] until the taxable entity [corporation] revokes the
election or this section expires, whichever is earlier. A taxable
entity [corporation] may claim the credit for not more than 20
consecutive privilege periods beginning with the first report due
under this chapter after January 1, 2007. [1992.] A taxable entity
[corporation] may make only one election under this section and the
election may not be conveyed, assigned, or transferred to another
entity.
(b) The credit allowed under this section for any privilege
period is computed by:
(1) determining the amount, as of the end of the
taxable entity's accounting year ending in 2006, of the difference
between (i) the taxable entity's deductible temporary differences
and net operating loss carryforwards, net of related valuation
allowance amounts, shown on the taxable entity's books and records
on the last day of its taxable year ending in 2006, and (ii) the
taxable entity's taxable temporary differences as shown on those
books and records on that date. The amount of other net deferred tax
items may be less than zero. For the purposes of computing the
amount of the taxable entity's other net deferred tax items, any
credit carryforward allowed under Chapter, 171, Tax Code shall be
excluded from the amount of deductible temporary differences to the
extent such credit carryforward amount, net of any related
valuation allowance amount, is otherwise included in the taxable
entity's deductible temporary differences, net of related
valuation allowance amounts, shown on the taxable entity's books
and records on the last day of the entity's taxable year ending in
2006;
[(1) determining the amount, as of the end of the
corporation's accounting year ending in 1991, that is the
difference between the basis used for financial accounting purposes
and the basis used for federal income tax purposes of an asset or a
liability that at some future date will reverse;]
(2) apportioning the amount determined under
Subdivision (1) to this state in the same manner taxable margin
[earned surplus] is apportioned under Section 171.106, [171.106(b)
or (e), as applicable,] on the first report due on or after January
1, 2007; and [1992;]
(3) multiplying the amount determined under
Subdivision (2) by the tax rate prescribed by Section
171.002(a)(2). [by five percent; and]
[(4) multiplying the amount determined under
Subdivision (3) by the tax rate prescribed by Section
171.002(a)(2).]
[(c) In computing the amount under Subsection (b)(1), the
corporation may not consider differences that result from deferred
investment tax credits, allowances for funds used during
construction, or any other timing difference for which a deferred
tax liability is not required under generally accepted accounting
principles.]
[(d) After making the election under Subsection (a) the
corporation must, for purposes of computing its taxable capital
under this chapter, use the same accounting methods under generally
accepted accounting principles to account for the assets and
liabilities that determine the amount of the credit that the
corporation uses to compute the credit. Notwithstanding Section
171.109(c), if a corporation changes an accounting method for an
asset or liability that determines, in whole or in part, the amount
of the credit during the period the election is in effect, the
election is automatically revoked.]
(c) [(e)] A taxable entity [corporation] that notifies
the comptroller of its intent to preserve it's right to take a
credit allowed by this section shall submit with its notice of
intent a statement of the amount determined under Subsection
(b)(1). The comptroller may request that the taxable entity
[corporation] submit in the annual report for each succeeding
privilege period in which the taxable entity [corporation] is
eligible to take a credit information relating to the amount
determined under Subsection (b)(1). The taxable entity
[corporation] shall submit in the form and content the comptroller
requires any information relating to the assets and liabilities
that determine the amount of the credit, the amount determined
under Subsection (b)(1), or any other matter relevant to the
computation of the credit for which the taxable entity
[corporation] is eligible.
[(f) A credit allowed under this section may not be carried
forward or backward or used to create a business loss carryover
under Section 171.110.]
[(g) A corporation may not use a credit allowed under this
section in connection with the computation of the corporation's tax
on net taxable capital.]
[(h) In addition to the tax imposed by Section 171.002, an
additional tax is imposed on each corporation during each year the
corporation takes the credit allowed under this section. The
additional tax is equal to 0.2 percent of the corporation's net
taxable capital per year of privilege period.]
(d) [(i)] This section expires September 1, 2026. [2012.]