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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of compensation and reporting |
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requirements for the franchise tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.1013, Tax Code, is amended by adding |
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Subsection (b-2) to read as follows: |
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(b-2) Notwithstanding Subsections (b) and (b-1) and subject |
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to Section 171.1014, a taxable entity that elects to subtract |
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compensation for the purpose of computing its taxable margin under |
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Section 171.101 may not subtract the cost of health care benefits |
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provided to the entity's officers, directors, owners, partners, or |
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employees, if: |
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(1) the health care benefits include coverage for |
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items or services that facilitate access to abortion, including |
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travel vouchers; or |
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(2) the entity provides sick leave as a benefit to the |
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entity's officers, directors, owners, partners, or employees for |
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purposes of procuring an abortion or for a recovery period |
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following an abortion. |
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SECTION 2. Section 171.201(a), Tax Code, is amended to read |
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as follows: |
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(a) Except as provided by Section 171.2022, a taxable entity |
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on which the franchise tax is imposed shall file an initial report |
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with the comptroller containing: |
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(1) financial information of the taxable entity |
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necessary to compute the tax under this chapter; |
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(2) the name and address of: |
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(A) each officer, director, and manager of the |
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taxable entity; |
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(B) for a limited partnership, each general |
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partner; |
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(C) for a general partnership or limited |
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liability partnership, each managing partner or, if there is not a |
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managing partner, each partner; or |
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(D) for a trust, each trustee; |
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(3) the name and address of the agent of the taxable |
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entity designated under Section 171.354; |
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(3-a) a certification as to whether the taxable entity |
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provides health care benefits that include the coverage described |
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by Section 171.1013(b-2) or sick leave described by that |
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subsection; and |
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(4) other information required by the comptroller. |
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SECTION 3. Section 171.202(a), Tax Code, is amended to read |
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as follows: |
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(a) Except as provided by Section 171.2022, a taxable entity |
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on which the franchise tax is imposed shall file an annual report |
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with the comptroller containing: |
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(1) financial information of the taxable entity |
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necessary to compute the tax under this chapter; |
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(2) the name and address of each officer and director |
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of the taxable entity; |
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(3) the name and address of the agent of the taxable |
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entity designated under Section 171.354; |
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(3-a) a certification as to whether the taxable entity |
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provides health care benefits that include the coverage described |
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by Section 171.1013(b-2) or sick leave described by that |
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subsection; and |
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(4) other information required by the comptroller. |
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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. This Act takes effect January 1, 2024. |