reglab/statecodes huggingface dataset:
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.553. Application for and Issuance of Allocation Certificate

Sec. 171.553.  APPLICATION FOR AND ISSUANCE OF ALLOCATION CERTIFICATE.  (a)  A taxable entity or an entity subject to state premium tax liability as defined by Section 233.0001, Insurance Code, must apply to the department for an allocation certificate in connection with a development in which the taxable entity or other entity owns an interest.  The application must be submitted to the department along with the application for an allocation of federal tax credits in a manner prescribed by the department.
(b)  The department shall issue an allocation certificate if:
(1)  the department approves the application submitted under Subsection (a);
(2)  the development meets the requirements to be a qualified development; and
(3)  the department awards an amount of credit to the development under Section 171.554.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.554. Amount of Credits; Method of Award

Sec. 171.554.  AMOUNT OF CREDITS; METHOD OF AWARD.  (a)  The department shall in the manner provided by this section determine the total amount of credits under this subchapter and Chapter 233, Insurance Code, awarded for the credit period in connection with a qualified development and indicate the amount of credits awarded on the allocation certificate.
(b)  The amount of credits awarded in connection with a qualified development over the credit period must be the minimum amount necessary for the financial feasibility of the qualified development, subject to the limitations of this section.
(c)  The amount of credits awarded in connection with a qualified development over the credit period may not exceed the total federal tax credit awarded to the owner or owners of the qualified development over the 10-year federal tax credit period.
(d)  The manner in which the department awards the amount of credits must be consistent with criteria established by the department.
(e)  The total amount of credits awarded for a year in connection with all qualified developments financed through tax exempt bonds may not exceed the sum of:
(1)  50 percent of the state housing credit ceiling for the year;
(2)  any portion of the state housing credit ceiling for the preceding year that could have been awarded for qualified developments financed through tax exempt bonds but was not awarded; and
(3)  any credits recaptured or otherwise returned to the department in the year that were originally awarded in connection with a qualified development financed through tax exempt bonds.
(f)  The total amount of credits awarded for a year in connection with all qualified developments not financed through tax exempt bonds may not exceed the sum of:
(1)  50 percent of the state housing credit ceiling for the year;
(2)  any portion of the state housing credit ceiling for the preceding year that could have been awarded for qualified developments not financed through tax exempt bonds but was not awarded; and
(3)  any credits recaptured or otherwise returned to the department in the year that were originally awarded in connection with a qualified development not financed through tax exempt bonds.
(g)  The department shall, in the qualified allocation plan, determine the priorities and criteria for awarding credits during years in which the amount of credits applied for exceeds the maximum amount that may be awarded under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.555. Apportionment of Credit

Sec. 171.555.  APPORTIONMENT OF CREDIT.  The direct or indirect owners of a qualified development who intend to claim a credit under this subchapter or Chapter 233, Insurance Code, may by agreement determine the portion of the total amount of credits awarded under Section 171.554 that each owner is entitled to claim.  If the owners do not agree, the department shall determine the portion each owner is entitled to claim based on each owner's ownership interest in the qualified development.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.556. Length of Credit; Limitation

Sec. 171.556.  LENGTH OF CREDIT; LIMITATION.  (a)  A taxable entity entitled to a credit under this subchapter shall claim the credit in equal installments during each year of the credit period.
(b)  The total credit claimed under this subchapter for a report, including any carry forward or backward under Section 171.557, may not exceed the amount of tax due for the report after any other applicable credit.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.557. Carry Forward or Backward

Sec. 171.557.  CARRY FORWARD OR BACKWARD.  (a)  If a taxable entity is eligible for a credit that exceeds the limitations under Section 171.556, the taxable entity may carry the unused credit back for not more than three tax years or forward for not more than 10 consecutive reports following the tax year in which the allocation certificate was issued.  A credit carryforward from a previous report is considered to be used before the current year installment.  A credit carried back to a previous report is considered to be used after any other franchise tax credit is applied to that report.
(b)  A credit that is not used may not be refunded.
(c)  The allocation of a credit in accordance with Section 171.559 does not extend the period for which a credit may be carried forward and does not increase the total amount of the credit that may be claimed.
(d)  An entity may not carry back a credit under this subchapter to a tax year for which the report was originally due before January 1, 2026.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.558. Recapture

Sec. 171.558.  RECAPTURE.  (a)  If a qualified development is subject to the recapture of a portion of the federal tax credit awarded or allocated to the development, then each taxable entity or entity subject to state premium tax liability as defined by Section 233.0001, Insurance Code, that has claimed or is entitled to claim a portion of the credit under this subchapter is also subject to the recapture of a portion of the credit under this subchapter.
(b)  The amount of credit under this subchapter that is subject to recapture under this section is the same percentage of the amount originally awarded or allocated as the percentage of the amount of the federal tax credit originally awarded or allocated that is subject to recapture under federal law. The recapture of a credit under this section is not subject to a statute of limitations provided by Chapter 111.
(c)  The owners of a qualified development that is awarded or allocated a credit under this subchapter or a representative of those owners shall identify each taxable entity and each entity subject to state premium tax liability as defined by Section 233.0001, Insurance Code, that is subject to recapture of the credit under this section.
(d)  Not later than the 30th day after the date any owner of a qualified development receives notice that a federal tax credit awarded or allocated to the development is subject to recapture, the owners of the development or a representative of those owners shall report to the comptroller:
(1)  the amount of federal tax credit originally awarded or allocated to the development;
(2)  the amount of federal tax credit that is subject to recapture and the percentage of the amount originally awarded or allocated which that amount represents; and
(3)  each entity identified under Subsection (c).
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.559. Allocation of Credit

Sec. 171.559.  ALLOCATION OF CREDIT.  (a)  If a taxable entity receiving a credit under this subchapter is a partnership, limited liability company, S corporation, or similar pass-through entity, the taxable entity may allocate the credit to its partners, shareholders, members, or other constituent taxable entities in any manner agreed to by those entities, regardless of the size of the person's ownership interest.  This section does not prohibit a partner, member, or shareholder from holding an investment consisting only of a credit awarded under this subchapter or a federal tax credit.
(b)  A taxable entity that makes an allocation under this section shall certify to the comptroller the amount of credit allocated to each constituent taxable entity or shall notify the comptroller that it has delegated the duty of certification to one constituent taxable entity that shall provide the notification to the comptroller.  Each constituent taxable entity is entitled to claim the allocated amount subject to any restrictions prescribed by this subchapter.
(c)  An allocation under this section is not a transfer for purposes of state law.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.560. Filing Requirements After Allocation

Sec. 171.560.  FILING REQUIREMENTS AFTER ALLOCATION.  A taxable entity that allocates a portion of the credit under Section 171.559, and each taxable entity to which a portion was allocated, shall file with the taxable entity's report a copy of the certification or notice required by Section 171.559(b).
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.561. Application for Credit

Sec. 171.561.  APPLICATION FOR CREDIT.  (a)  A taxable entity must apply for a credit under this subchapter on or with the tax report for which the credit is claimed and submit with the application a copy of the allocation certificate issued in connection with the qualified development and any other information required by the comptroller.
(b)  The comptroller shall adopt a form for the application for the credit.  A taxable entity must use the form to apply for the credit.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.562. Rules; Procedures

Sec. 171.562.  RULES; PROCEDURES.  The department and comptroller, in consultation with each other, shall adopt rules and procedures to implement, administer, and enforce this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.563. Compliance Monitoring

Sec. 171.563.  COMPLIANCE MONITORING.  (a)  The department shall monitor compliance with this subchapter in the same manner as the department monitors compliance with the federal tax credit program.
(b)  The department shall report any instances of noncompliance with this subchapter to the comptroller.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.564. Inclusion of Information in Low Income Housing Plan

Sec. 171.564.  INCLUSION OF INFORMATION IN LOW INCOME HOUSING PLAN.  The department shall include in the low income housing plan under Section 2306.0721, Government Code, information relating to the performance of the credit during the previous calendar year. The information must:
(1)  specify the number of qualified developments for which allocation certificates were issued during the year and the total number of units supported by the developments;
(2)  describe each qualified development for which an allocation certificate was issued during the year, including:
(A)  location;
(B)  household type;
(C)  available demographic information for the residents intended to be served by the development;
(D)  the income levels intended to be served by the development; and
(E)  the rents or set-asides authorized for the development;
(3)  include housing market and demographic information to demonstrate how the qualified developments, supported by the tax credits under this subchapter and Chapter 233, Insurance Code, are addressing the need for affordable housing in their communities; and
(4)  analyze any remaining disparities in the affordability of housing within those communities.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.565. Expiration of Authority to Allocate Credits

Sec. 171.565.  EXPIRATION OF AUTHORITY TO ALLOCATE CREDITS.  (a) After December 31, 2029, the department may not:
(1)  reserve an amount of credit under this subchapter for a qualified development for the purpose of issuing an allocation certificate for the development at a later date; or
(2)  issue an allocation certificate for a qualified development unless, on or before December 31, 2029, the department reserved an amount of credit under this subchapter for the development for the purpose of issuing an allocation certificate at a later date if the requirements for issuance of the certificate are met.
(b)  On or after January 1, 2030:
(1)  the department may issue an allocation certificate for which an amount of credit was reserved under Subsection (a)(2); and
(2)  an entity may claim a credit on a tax report as provided by this subchapter or Chapter 233, Insurance Code, in connection with a qualified development for which the department issued an allocation certificate or reserved an amount of credit before January 1, 2030.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter K. Tax Credit for Certain Housing Developments › Section 171.566. Priority Allocation for Certain Qualified Developments

Sec. 171.566.  PRIORITY ALLOCATION FOR CERTAIN QUALIFIED DEVELOPMENTS.  (a) This section applies only to a qualified development:
(1)  that received an allocation of federal tax credits under the qualified allocation plan issued by the department for 2021 or 2022;
(2)  the owners or developers of which have owned the land necessary for the development since at least December 31, 2022;
(3)  that is not financed through tax exempt bonds; and
(4)  that the department determines requires an allocation of credit under this subchapter to secure the financial feasibility of the qualified development after considering any federal tax credit.
(b)  Notwithstanding Sections 171.554(e) and (f) and subject to Subsection (e) of this section, for the first year the department issues allocation certificates or reserves credit amounts for the purpose of issuing allocation certificates, the department shall use $5 million of the state housing credit ceiling to award credits to qualified developments to which this section applies.
(c)  The owners of a qualified development to which this section applies who intend to apply for an allocation of credit under this section, or a representative of those owners, must notify the department of that intent before the deadline for the qualified development to be placed in service. If the owners or their representative provide the notice required by this subsection, the deadline for the qualified development to be placed in service is extended until:
(1)  the deadline set by the department for submitting an application for an allocation under this section; or
(2)  if an application for an allocation under this section is submitted before the deadline set by the department, the date the department issues a decision on the application.
(d)  An applicant for an allocation of credit under this section must submit to the department:
(1)  documents proving that the owners or developers of the qualified development meet the land ownership requirement under Subsection (a)(2);
(2)  a financial analysis demonstrating that the allocation is necessary to secure the financial feasibility of the development as required by Subsection (a)(4); and
(3)  any other documentation required by the department to demonstrate that the qualified development meets the requirements provided by Subsection (a).
(e)  If the amount of state credits reserved under this section is not fully allocated to qualified developments to which this section applies, the department shall allocate the remaining portion to qualified developments to which this section does not apply.
(f)  The department shall, in the qualified allocation plan, determine the priorities and criteria for awarding credits under this section if the amount of credits applied for exceeds the maximum amount that may be awarded under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 811 (H.B. 1058), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter L. Tax Credit for Clean Energy Project › Section 171.601. Definition

Sec. 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 (H.B. 469), Sec. 1, eff. September 1, 2009.
Transferred, redesignated and amended from Government Code, Subchapter H, Chapter 490 by Acts 2013, 83rd Leg., R.S., Ch. 1003 (H.B. 2446), Sec. 1, eff. June 14, 2013.
Redesignated from Tax Code, Section 171.651 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(46), eff. September 1, 2015.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.651. Definitions

Sec. 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 federal law after that date, but including any regulations adopted under that code applicable to the tax year to which the provisions of the code in effect on that date applied.
(2)  "Public or private institution of higher education" means:
(A)  an institution of higher education, as defined by Section 61.003, Education Code; or
(B)  a private or independent institution of higher education, as defined by Section 61.003, Education Code.
(3)  "Qualified research" has the meaning assigned by Section 41, Internal Revenue Code, except that the research must be conducted in this state.
(4)  "Qualified research expense" has the meaning assigned by Section 41, Internal Revenue Code, except that the expense must be for research conducted in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.652. Eligibility for Credit

Sec. 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 by this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.653. Ineligibility for Credit for Certain Periods

Sec. 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 during the period on which the report is based if the taxable entity, or a member of the combined group if the taxable entity is a combined group, received an exemption under Section 151.3182 during that period.
(b)  A taxable entity's ineligibility under this section for a credit on a report for the period on which the report is based does not affect the taxable entity's eligibility to claim a carryforward of unused credit under Section 171.659 on that report.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.656. Combined Reporting

Sec. 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 required by Section 171.1014 for the group, and the combined group is the taxable entity for purposes of this subchapter.
(b)  An upper tier entity that includes the total revenue of a lower tier entity for purposes of computing its taxable margin as authorized by Section 171.1015 may claim the credit under this subchapter for qualified research expenses incurred by the lower tier entity to the extent of the upper tier entity's ownership interest in the lower tier entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.657. Burden of Establishing Credit

Sec. 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. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.658. Limitations

Sec. 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 of the amount of franchise tax due for the report before any other applicable tax credits.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.659. Carryforward

Sec. 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 for not more than 20 consecutive reports.  Credits, including credit carryforwards, are considered to be used in the following order:
(1)  a credit carryforward of unused credits accrued under Subchapter O before its repeal on January 1, 2008, and claimed as authorized by Section 18(d), Chapter 1 (H.B. 3), Acts of the 79th Legislature, 3rd Called Session, 2006;
(2)  a credit carryforward under this subchapter; and
(3)  a current year credit.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.660. Assignment Prohibited

Sec. 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 taxable entity are conveyed, assigned, or transferred in the same transaction.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.661. Application for Credit

Sec. 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 claimed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.662. Rules

Sec. 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, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.663. Reporting of Estimates and Collection of Information

Sec. 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 total number of taxable entities that applied credits under this subchapter against the tax imposed under this chapter;
(2)  the total amount of those credits; and
(3)  the total amount of unused credits carried forward.
(b)  The comptroller may require a taxable entity that claims a credit under this subchapter to complete a form to provide the information necessary for the comptroller to make the evaluations required by Section 151.3182.  The information provided on the form is confidential and not subject to disclosure under Chapter 552, Government Code.
(c)  The comptroller shall provide the estimates required by this section as part of the report required by Section 403.014, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.664. Deposit of Certain Revenue

Sec. 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 received from the tax imposed under this chapter sufficient to offset any decrease in deposits to that fund that results from the implementation of this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 171 - Franchise Tax › Subchapter M. Tax Credit for Certain Research and Development Activities › Section 171.665. Expiration

Sec. 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 a credit authorized under this subchapter established before the date this subchapter expires.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1266 (H.B. 800), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.101. Definitions

Sec. 172.101.  DEFINITIONS.  (a)  Terms used in this chapter and defined by Chapter 171 have the meanings assigned by Chapter 171.
(b)  In this chapter:
(1)  "Certified historic structure" means a property in this state that is:
(A)  listed individually in the National Register of Historic Places;
(B)  designated as a Recorded Texas Historic Landmark under Section 442.006, Government Code, or as a state archeological landmark under Chapter 191, Natural Resources Code; or
(C)  certified by the commission as contributing to the historic significance of:
(i)  a historic district listed in the National Register of Historic Places; or
(ii)  a local district certified by the United States Department of the Interior in accordance with 36 C.F.R. Section 67.9.
(2)  "Certified rehabilitation" means the rehabilitation of a certified historic structure that the commission has certified as meeting the United States secretary of the interior's Standards for Rehabilitation as defined in 36 C.F.R. Section 67.7.
(3)  "Commission" means the Texas Historical Commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 805 (H.B. 3230), Sec. 1, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 773 (H.B. 1003), Sec. 8(a), eff. June 14, 2017.
Acts 2017, 85th Leg., R.S., Ch. 773 (H.B. 1003), Sec. 8(b), eff. January 1, 2022.
Redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 497 (H.B. 3777), Sec. 1, eff. January 1, 2022.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.102. Eligible Costs and Expenses

Sec. 172.102.  ELIGIBLE COSTS AND EXPENSES.  (a)  Subject to Subsections (b) and (c), in this chapter, "eligible costs and expenses" means qualified rehabilitation expenditures as defined by Section 47(c)(2), Internal Revenue Code.
(b)  Except as provided by Subsection (c), the depreciation and tax-exempt use provisions of Section 47(c)(2), Internal Revenue Code, do not apply to costs and expenses incurred by an entity exempted from the federal income tax under Section 501(a), Internal Revenue Code, and those costs and expenses are eligible costs and expenses if the other provisions of Section 47(c)(2), Internal Revenue Code, are satisfied.
(c)  Expenditures by an entity described by Subsection (b) to rehabilitate a structure that is leased to a tax-exempt entity in a disqualified lease, as those terms are defined by Section 168(h), Internal Revenue Code, are not eligible costs and expenses.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 805 (H.B. 3230), Sec. 1, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 773 (H.B. 1003), Sec. 8(a), eff. June 14, 2017.
Acts 2017, 85th Leg., R.S., Ch. 773 (H.B. 1003), Sec. 8(b), eff. January 1, 2022.
Redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 497 (H.B. 3777), Sec. 1, eff. January 1, 2022.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.103. Eligibility for Credit

Sec. 172.103.  ELIGIBILITY FOR CREDIT.  An entity is eligible to apply for a credit in the amount and under the conditions and limitations provided by this chapter against the taxes imposed under Chapter 171 of this code and, as provided by Section 172.109(e), Chapters 221, 222, 223, and 224, Insurance Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.104. Qualification

Sec. 172.104.  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 this chapter if:
(1)  the rehabilitated certified historic structure is placed in service on or after September 1, 2013;
(2)  the entity has an ownership interest in the certified historic structure in the year during which the structure is placed in service after the rehabilitation; and
(3)  the total amount of the eligible costs and expenses incurred exceeds $5,000.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.105. Certification of Eligibility

Sec. 172.105.  CERTIFICATION OF ELIGIBILITY.  (a)  Before claiming, selling, or assigning a credit under this chapter, the entity that incurred the eligible costs and expenses in the rehabilitation of a certified historic structure must request from the commission a certificate of eligibility on which the commission certifies that the work performed meets the definition of a certified rehabilitation.  The entity must include with the entity's request:
(1)  information on the property that is sufficient for the commission to determine whether the property meets the definition of a certified historic structure; and
(2)  information on the rehabilitation, and photographs before and after work is performed, sufficient for the commission to determine whether the rehabilitation meets the United States secretary of the interior's Standards for Rehabilitation as defined in 36 C.F.R. Section 67.7.
(b)  The commission shall issue a certificate of eligibility to an entity that has incurred eligible costs and expenses as provided by this chapter.  The certificate must:
(1)  confirm that:
(A)  the property to which the eligible costs and expenses relate is a certified historic structure; and
(B)  the rehabilitation qualifies as a certified rehabilitation; and
(2)  specify the date the certified historic structure was first placed in service after the rehabilitation.
(c)  The entity must forward the certificate of eligibility and the following documentation to the comptroller to claim the tax credit:
(1)  an audited cost report issued by a certified public accountant, as defined by Section 901.002, Occupations Code, that itemizes the eligible costs and expenses incurred in the certified rehabilitation of the certified historic structure by the entity;
(2)  the date the certified historic structure was first placed in service after the rehabilitation and evidence of that placement in service; and
(3)  an attestation of the total eligible costs and expenses incurred by the entity on the rehabilitation of the certified historic structure.
(d)  For purposes of approving the tax credit under Subsection (c), the comptroller may rely on the audited cost report provided by the entity that requested the tax credit.
(e)  An entity that sells or assigns a credit under this chapter to another entity shall provide a copy of the certificate of eligibility, together with the audited cost report, to the purchaser or assignee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.106. Amount of Credit; Limitations

Sec. 172.106.  AMOUNT OF CREDIT; LIMITATIONS.  (a)  The total amount of the credit under this chapter with respect to the rehabilitation of a single certified historic structure that may be claimed may not exceed 25 percent of the total eligible costs and expenses incurred in the certified rehabilitation of the certified historic structure.
(b)  The total credit claimed for a report, including the amount of any carryforward under Section 172.107, may not exceed the amount of franchise tax due for the report after any other applicable tax credits.
(c)  Eligible costs and expenses may only be counted once in determining the amount of the tax credit available, and more than one entity may not claim a credit for the same eligible costs and expenses.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.107. Carryforward

Sec. 172.107.  CARRYFORWARD.  (a)  If an entity is eligible for a credit that exceeds the limitation under Section 172.106(b), the entity may carry the unused credit forward for not more than five consecutive reports.
(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 172.106(b).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.108. Application for Credit

Sec. 172.108.  APPLICATION FOR CREDIT.  (a)  An entity must apply for a credit under this chapter on or with the report for the period for which the credit is claimed.
(b)  An entity shall file with any report on which the credit is claimed a copy of the certificate of eligibility issued by the commission under Section 172.105 and any other information required by the comptroller to sufficiently demonstrate that the entity is eligible for the credit.
(c)  The burden of establishing eligibility for and the value of the credit is on the entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle F - Franchise Tax; Credits › Chapter 172 - Tax Credit for Certified Rehabilitation of Certified Historic Structures › Section 172.110. Rules

Sec. 172.110.  RULES.  The commission and the comptroller shall adopt rules necessary to implement this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1232 (H.B. 500), Sec. 14(a), eff. January 1, 2015.
Transferred, redesignated and amended from Tax Code, Subchapter S, Chapter 171 by Acts 2023, 88th Leg., R.S., Ch. 83 (S.B. 1013), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter A. Tax › Section 181.001. Tax Imposed

Sec. 181.001.  TAX IMPOSED.  (a)  A tax is imposed on a person who:
(1)  manufactures or produces cement in, or imports cement into, the state;  and
(2)  distributes or sells the cement in intrastate commerce or uses the cement in the state.
(b)  The tax is computed on the amount of cement distributed, sold, or used by the person for the first time in intrastate commerce.
(c)  The tax applies to only one distribution, sale, or use of cement.
Acts 1981, 67th Leg., p. 1711, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter A. Tax › Section 181.002. Rate of Tax

Sec. 181.002.  RATE OF TAX.  The rate of the tax imposed by this chapter is $0.0275 for each 100 pounds or fraction of 100 pounds of taxable cement.
Acts 1981, 67th Leg., p. 1711, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter A. Tax › Section 181.003. Payment of Tax

Sec. 181.003.  PAYMENT OF TAX.  (a)  The person on whom the tax is imposed by this chapter shall pay the tax to the comptroller at the comptroller's Austin office.
(b)  The tax payment is due on the 25th day of each month, and the amount of the tax is computed on the amount of business done during the preceding month by the person on whom the tax is imposed.
Acts 1981, 67th Leg., p. 1711, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter A. Tax › Section 181.004. Exemption: Interstate Commerce

Sec. 181.004.  EXEMPTION:  INTERSTATE COMMERCE.  The tax imposed by this chapter is not computed on an interstate distribution or sale of cement.
Acts 1981, 67th Leg., p. 1711, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter B. Reports and Records › Section 181.051. Report

Sec. 181.051.  REPORT.  On or before the 25th day of each month, a person on whom the tax is imposed by this chapter shall file with the comptroller a report stating:
(1)  the amount of taxable cement distributed, sold, or used by the person during the preceding month;
(2)  the amount of cement produced in, imported into, or exported out of the state by the person during the preceding month;  and
(3)  other information that the comptroller requires to be in the report.
Acts 1981, 67th Leg., p. 1712, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter B. Reports and Records › Section 181.052. Records

Sec. 181.052.  RECORDS.  (a)  A person on whom the tax is imposed by this chapter shall keep a record of the business conducted by the person and of other information that the comptroller requires to be kept.
(b)  The record is an open record to the comptroller and the attorney general.
(c)  The comptroller shall adopt rules to enforce this section.
Acts 1981, 67th Leg., p. 1712, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter C. Enforcement › Section 181.101. Interest on Delinquent Taxes

Sec. 181.101.  INTEREST ON DELINQUENT TAXES.  A tax imposed by this chapter that is delinquent draws interest as provided by Section 111.060 of this code.
Acts 1981, 67th Leg., p. 1712, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter C. Enforcement › Section 181.102. Tax Lien

Sec. 181.102.  TAX LIEN.  The state has a prior lien for a tax or interest on a tax imposed by this chapter that is delinquent or for a penalty imposed by this chapter.  The lien is on the property used in the business of distributing, selling, or using cement by the person on whom the tax is imposed by this chapter.
Acts 1981, 67th Leg., p. 1712, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter C. Enforcement › Section 181.103. Prohibition on Delinquent Taxpayer; Injunction

Sec. 181.103.  PROHIBITION ON DELINQUENT TAXPAYER;  INJUNCTION.  (a)  A person who is delinquent in the payment of the tax imposed by this chapter may not engage in an activity or participate in a transaction for which the person is taxed by this chapter.
(b)  The attorney general may sue in Travis County or another county having venue to enjoin a person from violating this section.
Acts 1981, 67th Leg., p. 1712, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter C. Enforcement › Section 181.104. Penalty

Sec. 181.104.  PENALTY.  (a)  A person on whom the tax is imposed by this chapter and who fails to file a report as required by this chapter or does not pay the tax when it is due forfeits to the state a penalty of five percent of the amount of tax delinquent.
(b)  If the report required by this chapter is not filed or the tax imposed by this chapter is not paid within 30 days after it is due, the person on whom the tax is imposed forfeits to the state a penalty of an additional five percent of the amount of tax delinquent.
(c)  The minimum penalty under this section is $1.
Acts 1981, 67th Leg., p. 1712, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1983, 68th Leg., p. 451, ch. 93, Sec. 4, eff. Sept. 1, 1983.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle G - Gross Receipts and Mixed Beverage Taxes › Chapter 181 - Cement Production Tax › Subchapter C. Enforcement › Section 181.105. Criminal Penalty

Sec. 181.105.  CRIMINAL PENALTY.  (a)  A person who violates a provision of this chapter commits an offense.
(b)  An offense under this section is punishable by a fine of not less than $25 nor more than $1,000.  A separate offense is committed each day a violation occurs.
Acts 1981, 67th Leg., p. 1712, ch. 389, Sec. 1, eff. Jan. 1, 1982.