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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) In this section:
(1) "Related business entity" means a business entity that:
(A) engages in a common business enterprise with at least one other business entity; and
(B) owns tangible personal property that:
(i) is held or used for the production of income as part of the common business enterprise; and
(ii) is located at the same physical address that tangible personal property owned by at least one other business entity engaged in the common business enterprise is located.
(2) "Unified business enterprise" means a common business enterprise composed of more than one related business entity.
(b) Subject to Subsection (f) and except as provided by Subsection (d), a person is entitled to an exemption from taxation by a taxing unit of $125,000 of the appraised value of the tangible personal property the person owns that is held or used for the production of income and has taxable situs at the same location in the taxing unit.
(c) The exemption provided by Subsection (b) applies to each separate location in a taxing unit in which a person holds or uses tangible personal property for the production of income, and, for the purposes of Subsection (b), all property that has taxable situs in each separate location in the taxing unit is aggregated to determine taxable value.
(d) A person who leases tangible personal property is entitled to an exemption from taxation by a taxing unit of $125,000 of the total appraised value of all the tangible personal property the person owns that is held or used for the production of income and is subject to a lease, regardless of where the property is located in the taxing unit.
(d-1) Notwithstanding Subsections (b) and (d), a person is entitled to an exemption from taxation by a taxing unit of $125,000 of the total appraised value of all the tangible personal property the person owns that is held or used for the production of income in the taxing unit if the property has taxable situs within the taxing unit at any location that is not owned or leased by the owner, regardless of where the property is located within the taxing unit.
(e) The exemptions provided by Subsections (d) and (d-1) apply to each separate taxing unit in which a person holds or uses tangible personal property for the production of income.
(f) For the purposes of Subsection (b), if a person is a related business entity, all property described by that subsection that has taxable situs at the same location in a taxing unit and that is owned by the person is aggregated with the property described by that subsection that has taxable situs at the same location in the taxing unit and that is owned by each other related business entity that composes the same unified business enterprise to determine taxable value for the entity.
(g) A chief appraiser may investigate a business entity to determine whether the entity:
(1) is a related business entity; and
(2) has aggregated tangible personal property as provided by Subsection (f).
Cite this article: FindLaw.com - Texas Tax Code - TAX § 11.145. Income-Producing Tangible Personal Property - last updated January 01, 2024 | https://codes.findlaw.com/tx/tax-code/tax-sect-11-145/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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