Texas Comptroller of Public Accounts    STAR System


9207R1182B08



STAR SUPERSEDED WITHOUT SUMMARY 

Accession No.(s): 9207227R

Document superseded on: 08/15/2013 



STATE OF TEXAS 
COMPTROLLER OF PUBLIC ACCOUNTS 
FRANCHISE TAX 


Rule 3.567. Additional Tax on Earned Surplus.


(a) Effective date. The additional tax imposed by the Tax Code, 171.0011, 
applies to a corporation which, after December 31, 1991, no longer has 
sufficient nexus with Texas to be subject to a tax based on earned surplus. All 
provisions of the Tax Code, Chapter 171, apply to the additional tax, unless 
they conflict with a provision in the Tax Code, 171.0011.

(b) Due date. A final report and payment of the additional tax are due within 
60 days after the corporation no longer has sufficient nexus with Texas to be 
subject to a tax based on earned surplus. However, an estimated return and 
payment may need to be filed and paid before a corporation will receive 
clearance from the comptroller to dissolve, merge, or withdraw. As long as the 
proper amount is paid and an amended return, if needed, is filed within 60 days 
after the corporation dissolves, merges, or withdraws, then no penalty or 
interest will be assessed.

(c) Rate and business based on. The additional tax is 4.5% of the net taxable 
earned surplus earned from the day after the last day for which the earned 
surplus component was based on a previous report through the date the 
corporation no longer has sufficient nexus with Texas to be subject to a tax 
based on earned surplus.


Effective Date: July 29, 1992
Filed with Secretary of State: July 8, 1992


 
Comptroller of Public Accounts




ACCESSION NUMBER: 9207227R   
SUPERSEDED: Y
DOCUMENT TYPE: R
DATE: 07/29/1992
TAX TYPE: FRANCHISE