80R1742 KLA-D
 
  By: Pickett H.B. No. 156
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the determination of a taxable entity's total revenue
for purposes of the revised franchise tax.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 171.1011(g), Tax Code, as effective
January 1, 2008, is amended to read as follows:
       (g)  A taxable entity shall exclude from its total revenue,
to the extent included under Subsection (c)(1)(A), (c)(2)(A), or
(c)(3), [only the following] flow-through funds that are mandated
by contract to be distributed to other entities[:
             [(1)  sales commissions to nonemployees, including
split-fee real estate commissions;
             [(2)  the tax basis as determined under the Internal
Revenue Code of securities underwritten; and
             [(3)  subcontracting payments handled by the taxable
entity to provide services, labor, or materials in connection with
the actual or proposed design, construction, remodeling, or repair
of improvements on real property or the location of the boundaries
of real property].
       SECTION 2.  Section 171.1011(l), Tax Code, as effective
January 1, 2008, is repealed.
       SECTION 3.  This Act applies only
to a report originally due
on or after the effective date of this Act.
       SECTION 4.  This Act takes effect January 1, 2008.