SB 1231
AN ACT relating to a franchise tax credit for taxable entities that
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to a franchise tax credit for taxable entities that
Bill Text
relating to a franchise tax credit for taxable entities that purchase certain theft deterrent and property loss prevention BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 171, Tax Code, is amended by adding Subchapter N to read as follows: SUBCHAPTER N. TAX CREDIT FOR PURCHASE OF THEFT DETERRENT AND PROPERTY LOSS PREVENTION EQUIPMENT Sec. 171.701. ENTITLEMENT TO CREDIT. A taxable entity is entitled to a credit in the amount and under the conditions provided by this subchapter against the tax imposed under this chapter. Sec. 171.702. QUALIFICATION. A taxable entity qualifies for a credit under this subchapter if the taxable entity purchases one or more items of theft deterrent or property loss prevention equipment included on the list of eligible equipment adopted under Sec. 171.703. AMOUNT OF CREDIT; LIMITATION. (a) Subject to Subsection (b), the amount of the credit for a report is equal to the total amount of costs and expenses incurred by a taxable entity to purchase items described by Section 171.702 during the period on which the report is based, including the purchase price of those (b) The total credit claimed on a report, including the amount of any carryforward under Section 171.704, may not exceed the amount of franchise tax due for the report after applying all Sec. 171.704. CARRYFORWARD. (a) A taxable entity that is eligible for a credit that exceeds the limitation under Section 171.703(b) may carry the unused credit forward for not more than (b) A carryforward is considered the remaining portion of a credit that cannot be claimed in the current year because of the limitation under Section 171.703(b). (c) Credits, including a carryforward, are considered to be (1) a carryforward under this subchapter; and Sec. 171.705. APPLICATION FOR CREDIT. (a) A taxable entity must apply for a credit under this subchapter on or with the report for the period for which the credit is claimed. (b) The comptroller shall prescribe the form and method a taxable entity must use to apply for the credit. (c) The comptroller may require a taxable entity to submit with an application any information needed to determine whether the taxable entity qualifies for the credit or the amount of the credit. Sec. 171.706. ASSIGNMENT PROHIBITED; EXEMPTION. A taxable entity may not convey, assign, or transfer the credit allowed under this subchapter to another taxable entity unless substantially all of the assets of the taxable entity are conveyed, assigned, or transferred in the same transaction. Sec. 171.707. RULES. The comptroller shall adopt rules necessary to implement and administer this subchapter, including a list of equipment useful or necessary to deter theft or prevent property loss that is eligible for the credit. SECTION 2. This Act applies only to a report originally due on or after the effective date of this Act. SECTION 3. This Act takes effect January 1, 2026.
Bill History
Bill filed: AN ACT relating to a franchise tax credit for taxable entities that
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