Petition for Writ of Mandamus - Filed - Supreme Court of Texas

TAX CODE CHAPTER 171. FRANCHISE TAX
http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.171.htm
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6/25/2012
this section is to be recognized, after it is finally
established, as of the date of the corporation's charter or
certificate of authority.
(f) If a corporation timely files evidence with the comptroller
under Subsection (d) of this section that it has applied for a federal
tax exemption and if the application is finally denied by the Internal
Revenue Service, this chapter does not impose a penalty on the
corporation from the date of its charter or certificate of authority
to the date of the final denial.
(g) If a corporation's federal tax exemption is withdrawn by
the Internal Revenue Service for failure of the corporation to qualify
or maintain its qualification for the exemption, the corporation's
exemption under this section ends on the effective date of that
withdrawal by the Internal Revenue Service. The effective date of the
withdrawal is considered the corporation's beginning date for purposes
of determining the corporation's privilege periods and for all other
purposes of this chapter.
(h) A requirement that a nonprofit hospital provide charity
care and community benefits under Subsection (a)(1) may be satisfied
by a donation of money to the Texas Healthy Kids Corporation
established by Chapter 109, Health and Safety Code, if:
(1) the money is donated to be used for a purpose
described by Section 109.033(c), Health and Safety Code; and
(2) not more than 10 percent of the charity care required
under any provision of Section 311.045, Health and Safety Code, may be
satisfied by the donation.
Acts 1981, 67th Leg., p. 1694, ch. 389, Sec. 1, eff. Jan. 1, 1982.
Amended by Acts 1987, 70th Leg., ch. 324, Sec. 3, eff. Aug. 31, 1987;
Acts 1989, 71st Leg., ch. 239, Sec. 1, eff. June 2, 1989; Acts 1991,
72nd Leg., 1st C.S., ch. 5, Sec. 8.04, eff. Jan. 1, 1992; Acts 1995,
74th Leg., ch. 781, Sec. 6, eff. Sept. 1, 1995; Acts 1995, 74th Leg.,
ch. 1002, Sec. 4, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 550,
Sec. 3, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1185, Sec. 3,
eff. Jan. 1, 1998; Acts 1999, 76th Leg., ch. 1467, Sec. 2.50, 2.51,
eff. Jan. 1, 2000.
Sec. 171.064. EXEMPTION--NONPROFIT CORPORATION ORGANIZED FOR