Bill Text: TX HB2939 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the deduction of certain officers' compensation as a cost of goods sold for purposes of the franchise tax.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-16 - Referred to Ways & Means [HB2939 Detail]
Download: Texas-2015-HB2939-Introduced.html
| 84R13303 BEF-F | ||
| By: Capriglione | H.B. No. 2939 | |
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| relating to the deduction of certain officers' compensation as a | ||
| cost of goods sold for purposes of the franchise tax. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 171.1012(e), Tax Code, is amended to | ||
| read as follows: | ||
| (e) The cost of goods sold does not include the following | ||
| costs in relation to the taxable entity's goods: | ||
| (1) the cost of renting or leasing equipment, | ||
| facilities, or real property that is not used for the production of | ||
| the goods; | ||
| (2) selling costs, including employee expenses | ||
| related to sales; | ||
| (3) distribution costs, including outbound | ||
| transportation costs; | ||
| (4) advertising costs; | ||
| (5) idle facility expense; | ||
| (6) rehandling costs; | ||
| (7) bidding costs, which are the costs incurred in the | ||
| solicitation of contracts ultimately awarded to the taxable entity; | ||
| (8) unsuccessful bidding costs, which are the costs | ||
| incurred in the solicitation of contracts not awarded to the | ||
| taxable entity; | ||
| (9) interest, including interest on debt incurred or | ||
| continued during the production period to finance the production of | ||
| the goods; | ||
| (10) income taxes, including local, state, federal, | ||
| and foreign income taxes, and franchise taxes that are assessed on | ||
| the taxable entity based on income; | ||
| (11) strike expenses, including costs associated with | ||
| hiring employees to replace striking personnel, but not including | ||
| the wages of the replacement personnel, costs of security, and | ||
| legal fees associated with settling strikes; | ||
| (12) officers' compensation that is not compensation | ||
| for direct labor; | ||
| (13) costs of operation of a facility that is: | ||
| (A) located on property owned or leased by the | ||
| federal government; and | ||
| (B) managed or operated primarily to house | ||
| members of the armed forces of the United States; and | ||
| (14) any compensation paid to an undocumented worker | ||
| used for the production of goods. As used in this subdivision: | ||
| (A) "undocumented worker" means a person who is | ||
| not lawfully entitled to be present and employed in the United | ||
| States; and | ||
| (B) "goods" includes the husbandry of animals, | ||
| the growing and harvesting of crops, and the severance of timber | ||
| from realty. | ||
| 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, 2016. | ||
