HBA-SEB H.B. 63 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 63 By: Greenberg Ways & Means 2/16/1999 Introduced BACKGROUND & PURPOSE Currently, Texas does not offer a tax credit for research and development activities. Such an incentive may enable the state to attract and retain more research and development facilities. H.B. 63 provides a franchise tax credit for research and development expenses in Texas, which amounts to 10 percent of qualified research expenses and 15 percent of the basic research payments per privilege period. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Comptroller of Public Accounts of the State of Texas in SECTION 1 (Section 171.114, Tax Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 171, Tax Code, by adding Section 171.114, as follows: Sec. 171.114. CREDIT ON NET TAXABLE EARNED SURPLUS FOR RESEARCH AND DEVELOPMENT ACTIVITIES. (a) Entitles a corporation to a credit against the tax due under this chapter (Franchise Tax) on net taxable earned surplus for research and development activities. (b) Provides the method for calculating the credit earned for any privilege period, as subject to Subsections (c) and (d). (c) Prohibits the credit from exceeding specified amounts, depending on the privilege period. (d) Prohibits the credit from reducing the tax below zero. (e) Authorizes the taxpayer to carry the credit forward for not more than 15 consecutive privilege periods if the taxpayer is entitled to a credit that exceeds the specified limitations of this section. (f) Requires any amount used to calculate the credit to be multiplied by a specified ratio if a corporation's accounting year does not correspond to the privilege period. (g) Requires the Comptroller of Public Accounts of the State of Texas to adopt rules necessary to implement this section. (h) Provides that this section applies only to an expenditure by a corporation made on or before December 31, 2017. (i) Defines "basic research payment" and "qualified research expense." SECTION 2. Effective date: January 1, 2002. Makes the application of this Act prospective. SECTION 3. Emergency clause.