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A BILL TO BE ENTITLED
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AN ACT
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relating to the computation of and to decreasing the rates of the |
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franchise tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) TITLE. This Act shall be known as the |
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Franchise Tax Repeal Act of 2015. |
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(b) PURPOSE AND FINDINGS. The legislature finds that the |
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tax imposed by Texas Tax Code Chapter 171 has not provided |
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sufficient reliability for property tax relief. It is the intent of |
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the legislature to promote economic growth by repealing the |
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franchise tax. |
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SECTION 2. Sections 171.002(a) and (b), Tax Code, are |
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amended to read as follows: |
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(a) Subject to Sections 171.003 and 171.1016 and except as |
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provided by Subsection (b), the rate of the franchise tax is 0.85 |
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[one] percent of taxable margin. |
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(b) Subject to Sections 171.003 and 171.1016, the rate of |
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the franchise tax is 0.425 [0.5] percent of taxable margin for those |
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taxable entities primarily engaged in retail or wholesale trade. |
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SECTION 3. Sections 171.1016(a) and (b), Tax Code, are |
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amended to read as follows: |
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(a) Notwithstanding any other provision of this chapter, a |
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taxable entity whose total revenue from its entire business is not |
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more than $20 [$10] million may elect to pay the tax imposed under |
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this chapter in the amount computed and at the rate provided by this |
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section rather than in the amount computed and at the tax rate |
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provided by Section 171.002. |
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(b) The amount of the tax for which a taxable entity that |
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elects to pay the tax as provided by this section is liable is |
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computed by: |
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(1) determining the taxable entity's total revenue |
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from its entire business, as determined under Section 171.1011; |
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(2) apportioning the amount computed under |
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Subdivision (1) to this state, as provided by Section 171.106, to |
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determine the taxable entity's apportioned total revenue; and |
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(3) multiplying the amount computed under Subdivision |
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(2) by the rate of 0.331 [0.575] percent. |
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SECTION 4. This Act applies only to a report originally due |
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on or after the effective date of this Act. |
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SECTION 5. The comptroller of public accounts shall conduct |
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a comprehensive study, no later than September 30th, 2016, to |
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identify the effects of economic growth on future state revenues. |
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The results of the study shall be reported to the governor and the |
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Legislative Budget Board. The report should identify revenue |
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growth allocation options to promote efficiency and sustainability |
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in meeting the revenue needs of this state, including revenues |
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allocated by Tax Code 171.4011, upon repeal of the franchise tax. |
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SECTION 6. This Act takes effect January 1, 2016. |