Texans Look To State Supreme Court For Franchise Tax Clarity

By Jimmy Martens (February 4, 2019, 4:28 PM EST) -- No Texas franchise tax provisions have created more confusion and taxpayer grief than the cost of goods sold subtraction and the revenue exclusion for real estate construction and oil and gas drilling related activities. While the statutes are worded broadly, the Texas comptroller has adopted very narrow and limited interpretations in order to fill Texas's coffers with tax revenues. As a result, Texas businesses and the Texas comptroller have been at odds about when a business qualifies to claim either or both. Texas businesses need to know when they qualify and which types of costs they may include in their cost of goods, or COGS, subtractions and which subcontractor payments they may exclude from revenue....

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