SUBCHAPTER A DEFINITIONS; TAX IMPOSED
- Texas Section 171.0001 - General Definitions
In this chapter: (1) "Affiliated group" means a group of one or more entities in which a controlling interest is owned by a common owner...
- Texas Section 171.0002 - Definition Of Taxable Entity
(a) Except as otherwise provided by this section, "taxable entity" means a partnership, limited liability partnership, corporation, banking corporation, savings and loan association, limited liability...
- Texas Section 171.0003 - Definition Of Passive Entity
(a) An entity is a passive entity only if: (1) the entity is a general or limited partnership or a trust, other than a business...
- Texas Section 171.0004 - Definition Of Conducting Active Trade Or Business
(a) The definition in this section applies only to Section 171.0003. (b) An entity conducts an active trade or business if: (1) the activities being...
- Texas Section 171.0005 - Definition Of New Veteran-owned Business
(a) A taxable entity is a new veteran-owned business only if the taxable entity is a new business in which each owner is a natural...
- Texas Section 171.001 - Tax Imposed
(a) A franchise tax is imposed on each taxable entity that does business in this state or that is chartered or organized in this state....
- Texas Section 171.0011 - Additional Tax
(a) Except as provided by Section 171.001(c), an additional tax is imposed on a taxable entity that for any reason becomes no longer subject to...
- Texas Section 171.002 - Rates; Computation Of Tax
(a) Subject to Sections 171.003 and 171.1016 and except as provided by Subsection (b), the rate of the franchise tax is 0.75 percent of taxable...
- Texas Section 171.003 - Increase In Rate Requires Voter Approval
(a) An increase in a rate provided by Section 171.002(a) or (b) takes effect only if approved by a majority of the registered voters voting...
SUBCHAPTER B EXEMPTIONS
- Texas Section 171.006 - Adjustment Of Eligibility For No Tax Due, Discounts, And Compensation Deduction
(a) In this section, "consumer price index" means the average over a state fiscal biennium of the Consumer Price Index for All Urban Consumers (CPI-U),...
- Texas Section 171.051 - Application For Exemption; Effective Date
(a) Except as provided by Subsection (c) of this section, a corporation may apply for an exemption under this subchapter by filing with the comptroller,...
- Texas Section 171.052 - Certain Corporations
Sec. 171.052. CERTAIN CORPORATIONS. (a) Except as provided by Subsection (c), an insurance organization, title insurance company, or title insurance agent authorized to engage in...
- Texas Section 171.0525 - Exemption--certain Insurance Companies
A corporation that is a farm mutual insurance company, local mutual aid association, or burial association is exempted from the franchise tax. Added by Acts...
- Texas Section 171.053 - Exemption--railway Terminal Corporation
A corporation organized as a railway terminal corporation and having no annual net income from its business is exempted from the franchise tax. Acts 1981,...
- Texas Section 171.055 - Exemption--open-end Investment Company
An open-end investment company, as defined by the Investment Company Act of 1940 (Section 80a-1 et seq., 15 U.S.C.), that is subject to that Act...
- Texas Section 171.056 - Exemption--corporation With Business Interest In Solar Energy Devices
A corporation engaged solely in the business of manufacturing, selling, or installing solar energy devices, as defined by Section 171.107 of this code, is exempted...
- Texas Section 171.057 - Exemption--nonprofit Corporation Organized To Promote County, City, Or Another Area
A nonprofit corporation organized solely to promote the public interest of a county, city, town, or another area in the state is exempted from the...
- Texas Section 171.058 - Exemption--nonprofit Corporation Organized For Religious Purposes
A nonprofit corporation organized for the purpose of religious worship is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1694, ch. 389, Sec....
- Texas Section 171.059 - Exemption--nonprofit Corporation Organized To Provide Burial Places
A nonprofit corporation organized to provide places of burial is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1694, ch. 389, Sec. 1,...
- Texas Section 171.060 - Exemption--nonprofit Corporation Organized For Agricultural Purposes
A nonprofit corporation organized to hold agricultural fairs and encourage agricultural pursuits is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1694, ch....
- Texas Section 171.061 - Exemption--nonprofit Corporation Organized For Educational Purposes
A nonprofit corporation organized solely for educational purposes is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1694, ch. 389, Sec. 1, eff....
- Texas Section 171.062 - Exemption--nonprofit Corporation Organized For Public Charity
A nonprofit corporation organized for purely public charity is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1694, ch. 389, Sec. 1, eff....
- Texas Section 171.063 - Exemption-nonprofit Corporation Exempt From Federal Income Tax
(a) The following corporations are exempt from the franchise tax: (1) a nonprofit corporation exempted from the federal income tax under Section 501(c)(3), (4), (5),...
- Texas Section 171.064 - Exemption--nonprofit Corporation Organized For Conservation Purposes
A nonprofit corporation organized solely to educate the public about the protection and conservation of fish, game, other wildlife, grasslands, or forests is exempted from...
- Texas Section 171.065 - Exemption--nonprofit Corporation Organized To Provide Water Supply Or Sewer Services
A nonprofit water supply or sewer service corporation organized in behalf of a city or town under Chapter 67, Water Code, is exempted from the...
- Texas Section 171.066 - Exemption--nonprofit Corporation Involved With City Natural Gas Facility
A nonprofit corporation organized to construct, acquire, own, lease, or operate a natural gas facility in behalf and for the benefit of a city or...
- Texas Section 171.067 - Exemption--nonprofit Corporation Organized To Provide Convalescent Homes For Elderly
A nonprofit corporation organized to provide a convalescent home or other housing for persons who are at least 62 years old or who are handicapped...
- Texas Section 171.068 - Exemption--nonprofit Corporation Organized To Provide Cooperative Housing
A nonprofit corporation engaged solely in the business of owning residential property for the purpose of providing cooperative housing for persons is exempted from the...
- Texas Section 171.069 - Exemption--marketing Associations
A marketing association incorporated under Chapter 52, Agriculture Code, is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1695, ch. 389, Sec. 1,...
- Texas Section 171.070 - Exemption--lodges
A lodge incorporated under Article 1399 et seq., Revised Civil Statutes of Texas, 1925, is exempted from the franchise tax. Acts 1981, 67th Leg., p....
- Texas Section 171.071 - Exemption--farmers' Cooperative Society
A farmers' cooperative society incorporated under Chapter 51, Agriculture Code, is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1696, ch. 389, Sec....
- Texas Section 171.072 - Exemption--housing Finance Corporation
A housing finance corporation incorporated under the Texas Housing Finance Corporations Act (Chapter 394, Local Government Code) is exempted from the franchise tax. Acts 1981,...
- Texas Section 171.073 - Exemption--hospital Laundry Cooperative Association
A hospital laundry cooperative association incorporated under Subchapter A, Chapter 301, Health and Safety Code, is exempted from the franchise tax. Acts 1981, 67th Leg.,...
- Texas Section 171.074 - Exemption--development Corporation
A nonprofit corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) is exempted from the franchise tax. Acts 1981, 67th...
- Texas Section 171.075 - Exemption--cooperative Association
A cooperative association incorporated under Subchapter B, Chapter 301, Health and Safety Code, or under the Cooperative Association Act (Article 1396--50.01, Vernon's Texas Civil Statutes)...
- Texas Section 171.076 - Exemption--cooperative Credit Association
A cooperative credit association incorporated under Chapter 55, Agriculture Code, an organization organized under 12 U.S.C. Section 2071, or an agricultural credit association regulated by...
- Texas Section 171.077 - Exemption--credit Union
A credit union incorporated under Subtitle D, Title 3, Finance Code, is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1696, ch. 389,...
- Texas Section 171.079 - Exemption--electric Cooperative Corporation
An electric cooperative corporation incorporated under Chapter 161, Utilities Code, that is not a participant in a joint powers agency is exempted from the franchise...
- Texas Section 171.080 - Exemption--telephone Cooperative Corporations
A telephone cooperative corporation incorporated under Chapter 162, Utilities Code, is exempted from the franchise tax. Acts 1981, 67th Leg., p. 1696, ch. 389, Sec....
- Texas Section 171.081 - Exemption--corporation Exempt By Another Law
Another statute that exempts a corporation from the franchise tax is not affected by this chapter. Acts 1981, 67th Leg., p. 1696, ch. 389, Sec....
- Texas Section 171.082 - Exemption--certain Homeowners' Associations
(a) A nonprofit corporation is exempted from the franchise tax if: (1) the corporation is organized and operated primarily to obtain, manage, construct, and maintain...
- Texas Section 171.083 - Exemption--emergency Medical Service Corporation
A nonprofit corporation that is organized for the sole purpose of and engages exclusively in providing emergency medical services, including rescue and ambulance services, is...
- Texas Section 171.084 - Exemption--certain Trade Show Participants
(a) A corporation is exempted from the franchise tax if: (1) the only business activity conducted by or on behalf of the corporation in this...
- Texas Section 171.085 - Exemption; Recycling Operation
A corporation engaged solely in the business of recycling sludge, as defined by Section 361.003, Solid Waste Disposal Act (Chapter 361, Health and Safety Code),...
- Texas Section 171.086 - Exemption: Political Subdivision Corporation
A political subdivision corporation formed under Section 304.001, Local Government Code, is exempted from the franchise tax. Added by Acts 2013, 83rd Leg., R.S., Ch....
- Texas Section 171.087 - Exemption--nonprofit Corporation Organized For Student Loan Funds Or Student Scholarship Purposes
A nonprofit corporation organized solely to provide a student loan fund or student scholarships is exempted from the franchise tax. Added by Acts 1995, 74th...
SUBCHAPTER C DETERMINATION OF TAXABLE MARGIN; ALLOCATION AND APPORTIONMENT
- Texas Section 171.088 - Exemption--noncorporate Entity Eligible For Certain Exemptions
An entity that is not a corporation but that, because of its activities, would qualify for a specific exemption under this subchapter if it were...
- Texas Section 171.101 - Determination Of Taxable Margin
(a) The taxable margin of a taxable entity is computed by: (1) determining the taxable entity's margin, which is the lesser of: (A) the amount...
- Texas Section 171.1011 - Determination Of Total Revenue From Entire Business
(a) In this section, a reference to an Internal Revenue Service form includes a variant of the form. For example, a reference to Form 1120...
- Texas Section 171.1012 - Determination Of Cost Of Goods Sold
(a) In this section: (1) "Goods" means real or tangible personal property sold in the ordinary course of business of a taxable entity. (2) "Production"...
- Texas Section 171.1013 - Determination Of Compensation
(a) Except as otherwise provided by this section, "wages and cash compensation" means the amount entered in the Medicare wages and tips box of Internal...
- Texas Section 171.1014 - Combined Reporting; Affiliated Group Engaged In Unitary Business
(a) Taxable entities that are part of an affiliated group engaged in a unitary business shall file a combined group report in lieu of individual...
- Texas Section 171.1015 - Reporting For Certain Partnerships In Tiered Partnership Arrangement
(a) In this section, "tiered partnership arrangement" means an ownership structure in which any of the interests in one taxable entity treated as a partnership...
- Texas Section 171.1016 - E-z Computation And Rate
(a) Notwithstanding any other provision of this chapter, a taxable entity whose total revenue from its entire business is not more than $20 million may...
- Texas Section 171.103 - Determination Of Gross Receipts From Business Done In This State For Margin
(a) Subject to Section 171.1055, in apportioning margin, the gross receipts of a taxable entity from its business done in this state is the sum...
- Texas Section 171.105 - Determination Of Gross Receipts From Entire Business For Margin
(a) Subject to Section 171.1055, in apportioning margin, the gross receipts of a taxable entity from its entire business is the sum of the taxable...
- Texas Section 171.1055 - Exclusion Of Certain Receipts For Margin Apportionment
(a) In apportioning margin, receipts excluded from total revenue by a taxable entity under Section 171.1011 may not be included in either the receipts of...
- Texas Section 171.106 - Apportionment Of Margin To This State
(a) Except as provided by this section, a taxable entity's margin is apportioned to this state to determine the amount of tax imposed under Section...
- Texas Section 171.107 - Deduction Of Cost Of Solar Energy Device From Margin Apportioned To This State
(a) In this section, "solar energy device" means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical...
- Texas Section 171.108 - Deduction Of Cost Of Clean Coal Project From Margin Apportioned To This State
(a) In this section, "clean coal project" has the meaning assigned by Section 5.001, Water Code. (b) A taxable entity may deduct from its apportioned...
- Texas Section 171.109 - Deduction Of Relocation Costs By Certain Taxable Entities From Margin Apportioned To This State
(a) In this section, "relocation costs" means the costs incurred by a taxable entity to relocate the taxable entity's main office or other principal place...
- Texas Section 171.111 - Temporary Credit On Taxable Margin
(a) On the first report originally due under this chapter on or after January 1, 2008, a taxable entity must notify the comptroller in writing...
SUBCHAPTER D PAYMENT OF TAX
- Texas Section 171.1121 - Gross Receipts For Margin
(a) For purposes of this section, "gross receipts" means all revenues reportable by a taxable entity on its federal tax return, without deduction for the...
- Texas Section 171.151 - Privilege Period Covered By Tax
The franchise tax shall be paid for each of the following: (1) an initial period beginning on the taxable entity's beginning date and ending on...
- Texas Section 171.152 - Date On Which Payment Is Due
(a) Payment of the tax covering the initial period is due within 90 days after the date that the initial period ends or, if applicable,...
- Texas Section 171.1532 - Business On Which Tax On Net Taxable Margin Is Based
(a) The tax covering the privilege periods included on the initial report is based on the business done by the taxable entity during the period...
- Texas Section 171.154 - Payment To Comptroller
A taxable entity on which a tax is imposed by this chapter shall pay the tax to the comptroller. Acts 1981, 67th Leg., p. 1700,...
SUBCHAPTER E REPORTS AND RECORDS
- Texas Section 171.158 - Payment By Foreign Taxable Entity Before Withdrawal From State
(a) Except as provided by Subsection (b), a foreign taxable entity holding a registration or certificate of authority to do business in this state may...
- Texas Section 171.201 - Initial Report
(a) Except as provided by Section 171.2022, a taxable entity on which the franchise tax is imposed shall file an initial report with the comptroller...
- Texas Section 171.202 - Annual Report
(a) Except as provided by Section 171.2022, a taxable entity on which the franchise tax is imposed shall file an annual report with the comptroller...
- Texas Section 171.2022 - Exemption From Reporting Requirements
A taxable entity that does not owe any tax under this chapter for any period is not required to file a report under Section 171.201...
- Texas Section 171.203 - Public Information Report
(a) A corporation, limited liability company, limited partnership, or professional association on which the franchise tax is imposed, regardless of whether the entity is required...
- Texas Section 171.204 - Information Report
(a) Except as provided by Subsection (b), to determine eligibility for the exemption provided by Section 171.2022, or to determine the amount of the franchise...
- Texas Section 171.205 - Additional Information Required By Comptroller
The comptroller may require a taxable entity on which the franchise tax is imposed to furnish to the comptroller information from the taxable entity's books...
- Texas Section 171.206 - Confidential Information
Except as provided by Section 171.207, the following information is confidential and may not be made open to public inspection: (1) information that is obtained...
- Texas Section 171.207 - Information Not Confidential
The following information is not confidential and shall be made open to public inspection: (1) information contained in a document filed under this chapter with...
- Texas Section 171.208 - Prohibition Of Disclosure Of Information
A person, including a state officer or employee or an owner of a taxable entity, who has access to a report filed under this chapter...
- Texas Section 171.209 - Right Of Owner To Examine Or Receive Reports
If an owner of a taxable entity on whom the franchise tax is imposed presents evidence of the ownership to the comptroller, the person is...
- Texas Section 171.210 - Permitted Use Of Confidential Information
(a) To enforce this chapter, the comptroller or attorney general may use information made confidential by this chapter. (b) The comptroller or attorney general may...
- Texas Section 171.211 - Examination Of Records
To determine the franchise tax liability of a taxable entity, the comptroller may investigate or examine the records of the taxable entity. Acts 1981, 67th...
- Texas Section 171.212 - Report Of Changes To Federal Income Tax Return
(a) A taxable entity must file an amended report under this chapter if: (1) the taxable entity's taxable margin is changed as the result of...
SUBCHAPTER F FORFEITURE OF CORPORATE AND BUSINESS PRIVILEGES
- Texas Section 171.2125 - Calculating Cost Of Goods Or Compensation In Professional Employer Services Arrangements
In calculating cost of goods sold or compensation, a taxable entity that is a client of a professional employer organization shall rely on information provided...
- Texas Section 171.251 - Forfeiture Of Corporate Privileges
The comptroller shall forfeit the corporate privileges of a corporation on which the franchise tax is imposed if the corporation: (1) does not file, in...
- Texas Section 171.2515 - Forfeiture Of Right Of Taxable Entity To Transact Business In This State
(a) The comptroller may, for the same reasons and using the same procedures the comptroller uses in relation to the forfeiture of the corporate privileges...
- Texas Section 171.252 - Effects Of Forfeiture
If the corporate privileges of a corporation are forfeited under this subchapter: (1) the corporation shall be denied the right to sue or defend in...
- Texas Section 171.253 - Suit On Cause Of Action Arising Before Forfeiture
In a suit against a corporation on a cause of action arising before the forfeiture of the corporate privileges of the corporation, affirmative relief may...
- Texas Section 171.254 - Exception To Forfeiture
The forfeiture of the corporate privileges of a corporation does not apply to the privilege to defend in a suit to forfeit the corporation's charter...
- Texas Section 171.255 - Liability Of Director And Officers
(a) If the corporate privileges of a corporation are forfeited for the failure to file a report or pay a tax or penalty, each director...
- Texas Section 171.256 - Notice Of Forfeiture
(a) If the comptroller proposes to forfeit the corporate privileges of a corporation, the comptroller shall notify the corporation that the forfeiture will occur without...
- Texas Section 171.257 - Judicial Proceeding Not Required For Forfeiture
The forfeiture of the corporate privileges of a corporation is effected by the comptroller without a judicial proceeding. Acts 1981, 67th Leg., p. 1705, ch....
- Texas Section 171.258 - Revival Of Corporate Privileges
The comptroller shall revive the corporate privileges of a corporation if the corporation, before the forfeiture of its charter or certificate of authority, pays any...
- Texas Section 171.259 - Banking Corporations And Savings And Loan Associations
(a) Except as provided by Subsection (b), this subchapter does not apply to a banking corporation that is organized under the laws of this state...
SUBCHAPTER G FORFEITURE OF CHARTER OR CERTIFICATE OF AUTHORITY
- Texas Section 171.260 - Savings And Loan Association
(a) Except as provided by Subsection (b), this subchapter does not apply to a savings and loan association that is organized under the laws of...
- Texas Section 171.301 - Grounds For Forfeiture Of Charter Or Certificate Of Authority
It is a ground for the forfeiture of a corporation's charter or certificate of authority if: (1) the corporate privileges of the corporation are forfeited...
- Texas Section 171.3015 - Forfeiture Of Certificate Or Registration Of Taxable Entity
The comptroller may, for the same reasons and using the same procedures the comptroller uses in relation to the forfeiture of a corporation's charter or...
- Texas Section 171.302 - Certification By Comptroller
After the 120th day after the date that the corporate privileges of a corporation are forfeited under this chapter, the comptroller shall certify the name...
- Texas Section 171.303 - Suit For Judicial Forfeiture
On receipt of the comptroller's certification, the attorney general shall bring suit to forfeit the charter or certificate of authority of the corporation if a...
- Texas Section 171.304 - Record Of Judicial Forfeiture
(a) If a district court forfeits a corporation's charter or certificate of authority under this chapter, the clerk of the court shall promptly mail to...
- Texas Section 171.305 - Revival Of Charter Or Certificate Of Authority After Judicial Forfeiture
A corporation whose charter or certificate of authority is judicially forfeited under this chapter is entitled to have its charter or certificate revived and to...
- Texas Section 171.306 - Suit To Set Aside Judicial Forfeiture
If a corporation's charter or certificate of authority is judicially forfeited under this chapter, a stockholder, director, or officer of the corporation at the time...
- Texas Section 171.307 - Record Of Suit To Set Aside Judicial Forfeiture
If a court under this chapter sets aside the forfeiture of a corporation's charter or certificate of authority, the secretary of state shall inscribe on...
- Texas Section 171.308 - Corporate Privileges After Judicial Forfeiture Is Set Aside
If a court under this chapter sets aside the forfeiture of a corporation's charter or certificate of authority, the comptroller shall revive the corporate privileges...
- Texas Section 171.309 - Forfeiture By Secretary Of State
The secretary of state may forfeit the charter, certificate, or registration of a taxable entity if: (1) the secretary receives the comptroller's certification under Section...
- Texas Section 171.310 - Judicial Proceeding Not Required For Forfeiture By Secretary Of State
The forfeiture by the secretary of state of a corporation's charter or certificate of authority under this chapter is effected without a judicial proceeding. Acts...
- Texas Section 171.311 - Record Of Forfeiture By Secretary Of State
The secretary of state shall effect a forfeiture of a corporation's charter or certificate of authority under this chapter by inscribing on the corporation's record...
- Texas Section 171.312 - Revival Of Charter Or Certificate Of Authority After Forfeiture By Secretary Of State
A corporation whose charter or certificate of authority is forfeited under this chapter by the secretary of state is entitled to have its charter or...
- Texas Section 171.3125 - Revival Of Certificate Or Registration Of Taxable Entity After Forfeiture By Secretary Of State
(a) The secretary of state may, using the same procedures the secretary uses in relation to the revival of a corporation's charter or certificate, revive...
- Texas Section 171.313 - Proceeding To Set Aside Forfeiture By Secretary Of State
(a) If a corporation's charter or certificate of authority is forfeited under this chapter by the secretary of state, a stockholder, director, or officer of...
- Texas Section 171.314 - Corporate Privileges After Forfeiture By Secretary Of State Is Set Aside
If the secretary of state sets aside under this chapter the forfeiture of a corporation's charter or certificate of authority, the comptroller shall revive the...
- Texas Section 171.315 - Use Of Corporate Name After Revival Of Charter Or Certificate Of Authority
If a corporation's charter or certificate of authority is forfeited under this chapter by the secretary of state and if the corporation requests the secretary...
- Texas Section 171.316 - Banking Corporations
This subchapter does not apply to a banking corporation that is organized under the laws of this state or under federal law and has its...
SUBCHAPTER H ENFORCEMENT
- Texas Section 171.317 - Savings And Loan Associations
This subchapter does not apply to a savings and loan association that is organized under the laws of this state or under federal law and...
- Texas Section 171.351 - Venue Of Suit To Enforce Chapter
Venue of a civil suit against a taxable entity to enforce this chapter is either in a county where the taxable entity's principal office is...
- Texas Section 171.352 - Authority To Restrain Or Enjoin
To enforce this chapter, a court may restrain or enjoin a violation of this chapter. Acts 1981, 67th Leg., p. 1708, ch. 389, Sec. 1,...
- Texas Section 171.353 - Appointment Of Receiver
If a court forfeits a taxable entity's charter or certificate of authority, the court may appoint a receiver for the taxable entity and may administer...
- Texas Section 171.354 - Agent For Service Of Process
Each taxable entity on which a tax is imposed by this chapter shall designate a resident of this state as the taxable entity's agent for...
- Texas Section 171.355 - Service Of Process On Secretary Of State
(a) Legal process may be served on a domestic corporation by serving it on the secretary of state if the process relates to the forfeiture...
- Texas Section 171.361 - Penalty For Disclosure Of Information On Report
(a) A person commits an offense if the person violates Section 171.208 of this code prohibiting the disclosure of information on a report filed under...
- Texas Section 171.362 - Penalty For Failure To Pay Tax Or File Report
(a) If a taxable entity on which a tax is imposed by this chapter fails to pay the tax when it is due and payable...
SUBCHAPTER I DISPOSITION OF REVENUE
- Texas Section 171.363 - Wilful And Fraudulent Acts
(a) A taxable entity commits an offense if the taxable entity is subject to the provisions of this chapter and the taxable entity wilfully: (1)...
- Texas Section 171.401 - Revenue Deposited In General Revenue Fund
The revenue from the tax imposed by this chapter shall be deposited to the credit of the general revenue fund. Acts 1981, 67th Leg., p....
SUBCHAPTER J REFUNDS
- Texas Section 171.4011 - Allocation Of Certain Revenue To Property Tax Relief Fund
(a) Notwithstanding Section 171.401, beginning with the state fiscal year that begins September 1, 2007, the comptroller shall, for each state fiscal year, deposit to...
SUBCHAPTER L TAX CREDIT FOR CLEAN ENERGY PROJECT
- Texas Section 171.501 - Refund For Job Creation In Enterprise Zone
(a) A corporation that has been certified a qualified business as provided by Chapter 2303, Government Code, may apply for and be granted a refund...
- Texas Section 171.601 - Definition
In this subchapter, "clean energy project" has the meaning assigned by Section 120.001, Natural Resources Code. Added by Acts 2009, 81st Leg., R.S., Ch. 1109...
SUBCHAPTER M TAX CREDIT FOR CERTAIN RESEARCH AND DEVELOPMENT ACTIVITIES
- Texas Section 171.602 - Tax Credit For Clean Energy Project
(a) The comptroller shall adopt rules for issuing to an entity implementing a clean energy project in this state a credit against the tax imposed...
- Texas Section 171.651 - Definitions
In this subchapter: (1) "Internal Revenue Code" means the Internal Revenue Code of 1986 in effect on December 31, 2011, excluding any changes made by...
- Texas Section 171.652 - Eligibility For Credit
A taxable entity is eligible for a credit against the tax imposed under this chapter in the amount and under the conditions and limitations provided...
- Texas Section 171.653 - Ineligibility For Credit For Certain Periods
(a) A taxable entity is not eligible for a credit on a report against the tax imposed under this chapter for qualified research expenses incurred...
- Texas Section 171.654 - Amount Of Credit
(a) Except as provided by Subsections (b), (c), and (d), the credit for any report equals five percent of the difference between: (1) the qualified...
- Texas Section 171.655 - Attribution Of Expenses Following Transfer Of Controlling Interest
(a) If a taxable entity acquires a controlling interest in another taxable entity or in a separate unit of another taxable entity during a tax...
- Texas Section 171.656 - Combined Reporting
(a) A credit under this subchapter for qualified research expenses incurred by a member of a combined group must be claimed on the combined report...
- Texas Section 171.657 - Burden Of Establishing Credit
The burden of establishing entitlement to and the value of the credit is on the taxable entity. Added by Acts 2013, 83rd Leg., R.S., Ch....
- Texas Section 171.658 - Limitations
The total credit claimed under this subchapter for a report, including the amount of any carryforward credit under Section 171.659, may not exceed 50 percent...
- Texas Section 171.659 - Carryforward
If a taxable entity is eligible for a credit that exceeds the limitation under Section 171.658, the taxable entity may carry the unused credit forward...
- Texas Section 171.660 - Assignment Prohibited
A taxable entity may not convey, assign, or transfer the credit allowed under this subchapter to another entity unless all of the assets of the...
- Texas Section 171.661 - Application For Credit
A taxable entity must apply for a credit under this subchapter on or with the tax report for the period for which the credit is...
- Texas Section 171.662 - Rules
The comptroller shall adopt rules and forms necessary to implement this subchapter. Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3,...
- Texas Section 171.663 - Reporting Of Estimates And Collection Of Information
(a) Before the beginning of each regular session of the legislature, the comptroller shall submit to the legislature and the governor estimates of: (1) the...
- Texas Section 171.664 - Deposit Of Certain Revenue
Notwithstanding any other law, for each fiscal year, the comptroller must deposit to the credit of the property tax relief fund an amount of revenue...
SUBCHAPTER S TAX CREDIT FOR CERTIFIED REHABILITATION OF CERTIFIED HISTORIC STRUCTURES
- Texas Section 171.665 - Expiration
(a) This subchapter expires December 31, 2026. (b) The expiration of this subchapter does not affect the carryforward of a credit under Section 171.659 or...
- Texas Section 171.901 - Definitions
In this subchapter: (1) "Certified historic structure" means a property in this state that is: (A) listed individually in the National Register of Historic Places;...
- Texas Section 171.902 - Eligibility For Credit
An entity is eligible to apply for a credit in the amount and under the conditions and limitations provided by this subchapter against the tax...
- Texas Section 171.903 - Qualification
An entity is eligible for a credit for eligible costs and expenses incurred in the certified rehabilitation of a certified historic structure as provided by...
- Texas Section 171.904 - Certification Of Eligibility
(a) Before claiming, selling, or assigning a credit under this subchapter, the entity that incurred the eligible costs and expenses in the rehabilitation of a...
- Texas Section 171.905 - Amount Of Credit; Limitations
(a) The total amount of the credit under this subchapter with respect to the rehabilitation of a single certified historic structure that may be claimed...
- Texas Section 171.906 - Carryforward
(a) If an entity is eligible for a credit that exceeds the limitation under Section 171.905(b), the entity may carry the unused credit forward for...
- Texas Section 171.907 - Application For Credit
(a) An entity must apply for a credit under this subchapter on or with the report for the period for which the credit is claimed....
- Texas Section 171.908 - Sale Or Assignment Of Credit
(a) An entity that incurs eligible costs and expenses may sell or assign all or part of the credit that may be claimed for those...
- Texas Section 171.909 - Rules
The commission and the comptroller shall adopt rules necessary to implement this subchapter. Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec....