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Amend HB 4265 as follows:
(1) On page 1, line 5, strike "Section 171.0001(8), Tax
Code, is" and substitute "Sections 171.0001(1), (7), and (8), Tax
Code, are".
(2) On page 1, between lines 6 and 7, insert the following:
(1) "Affiliated group" means:
(A) a group of one or more entities in which a
controlling interest is owned by a common owner or owners, either
corporate or noncorporate, or by one or more of the member entities;
or
(B) a group that is composed of one or more
entities in which an equal interest is owned by all owners,
corporate or noncorporate, or by all member entities, but only if
none of the owners or member entities have more than 25 employees.
(7) "Combined group" means taxable entities that are
part of an affiliated group engaged in a unitary business and that
are required or permitted to file a group report under Section
171.1014.
(3) Add the following appropriately numbered SECTION to
read as follows and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 171.1014, Tax Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) Except as provided by Subsection (a-1), taxable
[Taxable] entities that are part of an affiliated group engaged in a
unitary business shall file a combined group report in lieu of
individual reports based on the combined group's business.
(a-1) Taxable entities that are part of an affiliated group
described by Section 171.0001(1)(B) that is engaged in a unitary
business may elect to file a combined report in lieu of individual
reports based on the combined group's business.
(a-2) A [The] combined group may not include a taxable
entity that conducts business outside the United States if 80
percent or more of the taxable entity's property and payroll, as
determined by factoring under Chapter 141, are assigned to
locations outside the United States. In applying Chapter 141, if
either the property factor or the payroll factor is zero, the
denominator is one. The combined group may not include a taxable
entity that conducts business outside the United States and has no
property or payroll if 80 percent or more of the taxable entity's
gross receipts, as determined under Sections 171.103, 171.105, and
171.1055, are assigned to locations outside the United States.