84R12194 BEF-D
 
  By: Capriglione H.B. No. 2938
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the federal tax provisions applicable to the
  computation of the franchise tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 171, Tax Code, is amended
  by adding Section 171.0005 to read as follows:
         Sec. 171.0005.  DEFINITION OF INTERNAL REVENUE CODE. (a)  
  Except as provided by Subsection (c), "Internal Revenue Code" means
  the Internal Revenue Code of 1986 in effect for the federal tax year
  beginning on January 1, 2015, not including any changes made by
  federal law after that date, and any regulations adopted under that
  code applicable to that period.
         (b)  Not later than December 1 of each year, the comptroller
  by rule may adopt the Internal Revenue Code of 1986 in effect for
  the federal tax year beginning on January 1 of that year, and any
  regulations adopted under that code applicable to that period, as
  the Internal Revenue Code applicable to this chapter if the
  comptroller determines that adoption of the code in effect for that
  federal tax year is consistent with the purposes of this chapter and
  is in the best interest of tax administration. The adoption of the
  Internal Revenue Code of 1986 in effect for a federal tax year
  beginning on January 1 of a year applies beginning with reporting
  periods beginning in that year. The rule continues in effect until
  amended by the comptroller.
         (c)  If the comptroller adopts a rule under Subsection (b),
  "Internal Revenue Code" means the Internal Revenue Code of 1986 in
  effect for the federal tax year provided by the rule and any
  regulations adopted under that code applicable to that period.
         SECTION 2.  Section 171.0001(9), Tax Code, is repealed.
         SECTION 3.  This Act applies to a report originally due on or
  after the effective date of this Act.
         SECTION 4.  This Act takes effect January 1, 2016.