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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the franchise tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Chapter 171, Tax Code, is repealed. |
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(b) A taxable entity that is subject to the franchise tax |
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imposed under Chapter 171, Tax Code, on December 31, 2017, shall |
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file a final franchise tax report and pay a transitional tax as |
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required by this subsection on or before May 15, 2018. The |
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transitional tax is equal to the tax the taxable entity would have |
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paid in 2018 under Chapter 171, Tax Code, if Chapter 171, Tax Code, |
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had not been repealed. The provisions of Chapter 171, Tax Code, |
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relating to the computation and payment of the franchise tax and the |
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filing of a franchise tax report that are in effect on December 31, |
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2017, remain in effect after the repeal of Chapter 171, Tax Code, by |
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this section for the purposes of computing and paying the |
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transitional tax and filing a franchise tax report as required by |
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this subsection. |
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(c) Chapter 171, Tax Code, and Subtitle B, Title 2, Tax |
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Code, continue to apply to audits, deficiencies, redeterminations, |
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and refunds of any tax due or collected under Chapter 171, including |
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the tax due as provided by Subsection (b) of this section, until |
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barred by limitations. |
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(d) The repeal of Chapter 171, Tax Code, does not affect: |
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(1) the status of a taxable entity that has had its |
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corporate privileges, certificate of authority, certificate of |
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organization, certificate of limited partnership, corporate |
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charter, or registration revoked, suit filed against it, or a |
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receiver appointed under Subchapter F, G, or H of that chapter; |
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(2) the ability of the comptroller of public accounts, |
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secretary of state, or attorney general to take action against a |
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taxable entity under Subchapter F, G, or H of that chapter for |
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actions that took place before the repeal; or |
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(3) the right of a taxable entity to contest a |
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forfeiture, revocation, lawsuit, or appointment of a receiver under |
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Subchapter F, G, or H of that chapter. |
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SECTION 2. This Act takes effect January 1, 2018. |