Texas tax credit transfers

Dear Mr. Feathers,

The Texas Comptroller's office received your public information request seeking "a copy of the Texas Comptroller of Public Accounts database(s) used to track the transfer of Texas tax credits." Your request has been assigned ID#13245989279.

We ask that you please clarify the information you are seeking. We do not know what "tax credits" you are referring to. Perhaps you could specify the Tax Code provision you are interested in or narrow the scope by type of tax you are looking for. Please also be aware that certain tax information is confidential by statute. To the extent that the information you are seeking is public, we can release that information in an electronic format. We cannot copy our database.

Please feel free to contact me if you would like to discuss your request. I will await your clarification before proceeding further.
Sincerely,

Carol McCord
Research Specialist for Open Records
Texas Comptroller of Public Accounts
Phone: 512-936-8485
Fax: 512-463-4288

Thank you for your request. We will provide the information you requested as quickly as possible. We will contact you within 10 business days about the status of your request.

Open Records
Texas Comptroller of Public Accounts

Thank you for your request. We will provide the information you requested as quickly as possible. We will contact you within 10 business days about the status of your request.

Open Records
Texas Comptroller of Public Accounts

Dear Mr. Feathers,

I was unable to reach you by phone earlier, but I did want to discuss your request further. The transfer credits you ask about are part of fairly small and obscure programs. We are working to compile any available public information, but I am told at this point we may be looking at a manual endeavor.

We do need you to clarify whether you agree to permit us to withhold the information we believe to be confidential. Under the Texas Public Information Act, information made confidential by law is excepted from public disclosure. Gov't Code §552.101.

Certified Investor Tax Credit
We are certain that any information we have related to certified investor tax credit transfers is public information. These credits stem from an economic development project to encourage small business investments funded, essentially, from insurance premiums for which insurance companies ultimately could receive premium tax credits. Transfers can be made from one insurance company to another.

Historical Building Rehabilitation
In 2015 the Texas legislature amended the Tax Code to allow tax credits to eligible entities that incur qualifying expenses for certified rehabilitation of certified historic structures. These historic rehabilitation tax credits are franchise tax credits. Franchise tax information is confidential by law.

The Texas Tax Code specifically makes confidential franchise tax information obtained from a record required to be filed with the comptroller. Tax Code §171.206. Anyone who has access to a report filed under this chapter, including a state officer or employee, is prohibited from disclosing information relating to the financial condition of the taxable entity-e.g., income, profits, losses, and expenditures-unless such disclosure is permitted by law. Id. §171.208. The permitted uses of confidential information are very limited. Id. §171.210.

Therefore, any information we have that would identify specific taxpayers or individual amounts of franchise tax credits would be confidential. However, we may be able to provide you with other information, such as aggregate totals if this would be helpful to you.

Our offices will be closed tomorrow, but we will be open Monday. I look forward to hearing from you.

Sincerely,

Carol McCord
Research Specialist for Open Records
Texas Comptroller of Public Accounts
Phone: 512-936-8485
Fax: 512-463-4288

March 31, 2017
Texas Comptroller of Public Accounts
Texas Comptroller of Public Accounts
P.O. Box 13528, Capitol Station
Austin, Texas 78711-3528

This is a follow up to a previous request:

Ms. McCord,

My apologies for the lack of detail. I know that the historic rehabilitation tax credits and certified investor tax credits can both be transferred/sold, I was not able to confirm that any other state credits are transferable. Some states keep unified databases of transferred credits, which is why I phrased the request the way I did. But to simplify things, I'll limit my request to historic rehabilitation tax credit transfers and certified investor tax credit transfers.

Thanks so much for the help, and please don't hesitate to call me if you have any further questions. My cell is 608-698-5806.

Best,
Todd
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On March 30, 2017:
Dear Mr. Feathers,

The Texas Comptroller's office received your public information request seeking "a copy of the Texas Comptroller of Public Accounts database(s) used to track the transfer of Texas tax credits." Your request has been assigned ID#13245989279.

We ask that you please clarify the information you are seeking. We do not know what "tax credits" you are referring to. Perhaps you could specify the Tax Code provision you are interested in or narrow the scope by type of tax you are looking for. Please also be aware that certain tax information is confidential by statute. To the extent that the information you are seeking is public, we can release that information in an electronic format. We cannot copy our database.

Please feel free to contact me if you would like to discuss your request. I will await your clarification before proceeding further.
Sincerely,

Carol McCord
Research Specialist for Open Records
Texas Comptroller of Public Accounts
Phone: 512-936-8485
Fax: 512-463-4288
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On March 30, 2017:
To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

1) A copy of the Texas Comptroller of Public Accounts database(s) used to track the transfer of Texas tax credits.

I ask that all fees be waived as I am a journalist employed by the Lowell Sun and I intend to use the requested records to publish articles in the public interest and not for any commercial purposes.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Todd Feathers

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Dear Mr. Feathers,

For the information I am trying to compile, I also need clarification on the time period you are interested in. Please call me or email me.

Carol McCord
Research Specialist for Open Records
Texas Comptroller of Public Accounts
Phone: 512-936-8485
Fax: 512-463-4288

Dear Mr. Feathers,

I am sorry we were not able to provide you with the information of interest to you. Thank you for letting me know that you are withdrawing this request. Please feel free to contact me if you have any other questions related to this matter.

Sincerely,

Carol McCord
Research Specialist for Open Records
Texas Comptroller of Public Accounts
Phone: 512-936-8485
Fax: 512-463-4288