TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 3. TAX ADMINISTRATION

Subchapter V. FRANCHISE TAX

34 TAC §3.578

The Comptroller of Public Accounts adopts a new §3.578, concerning economic development credits, without changes to the proposed text as published in the June 22, 2001, issue of the Texas Register (26 TexReg 4660).

This new section is the result of Tax Code, new Subchapter O, §§171.721 - 171.730, new Subchapter P, §§171.751 - 171.761, and new Subchapter Q, §§171.801 - 171.811. This section provides franchise tax guidelines for eligibility and calculation of three credits: research and development, job creation, and capital investment. The section is in accordance with Senate Bill 441 passed by the 76th Legislature, 1999. A corporation may claim a research and development credit, a jobs creation credit, and an investment credit only for expenses and payments incurred, qualified investments or expenditures made, or new jobs created in Texas on or after January 1, 2000.

No comments were received regarding adoption of the new section.

This new section is adopted under Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2.

The new section implements Tax Code, §§171.721 - 171.811.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 7, 2001.

TRD-200104509

Martin Cherry

Deputy General Counsel for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Effective date: August 27, 2001

Proposal publication date: June 22, 2001

For further information, please call: (512) 463-4062