Okla. Stat. tit. 68, § 68-2357.206 — OK Code / Title 68 / Section 68-2357.206
Oklahoma Equal Opportunity Education Scholarship Act
Status: in_force

- Tax credit - Definitions.

A. This act shall be known and may be cited as the "Oklahoma

Equal Opportunity Education Scholarship Act".

B. 1. Except as provided in subsection G of this section,

after August 26, 2011, there shall be allowed a credit for any

taxpayer who makes a contribution to an eligible scholarship-

granting organization.

The credit shall be equal to fifty percent (50%) of the total

amount of contributions made during a taxable year, not to exceed

One Thousand Dollars ($1,000.00) for single individuals, Two

Thousand Dollars ($2,000.00) for married individuals filing jointly,

or One Hundred Thousand Dollars ($100,000.00) for any taxpayer which

is a legal business entity including limited and general

partnerships, corporations, subchapter S corporations and limited

liability companies, plus any suspended credits pursuant to

subparagraph d of paragraph 2 of subsection I of this section;

provided, if total credits claimed pursuant to this paragraph exceed

the cap amount established pursuant to paragraphs 1 and 2 of

subsection E of this section, the credit shall be equal to the

taxpayer's proportionate share of the cap for the taxable year, as

determined pursuant to subsection I of this section.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 880

2. For any taxpayer who makes a contribution to an eligible

scholarship-granting organization and makes a written commitment to

contribute the same amount for an additional year, the credit for

the first year and the additional year shall be equal to seventy-

five percent (75%) of the total amount of the contribution made

during a taxable year, not to exceed the amounts established in

paragraph 1 of this subsection for the taxable year in which the

credit provided in this subsection is claimed. The taxpayer shall

provide evidence of the written commitment to the Oklahoma Tax

Commission at the time of filing the refund claim.

3. The credits authorized pursuant to the provisions of this

subsection shall be allocable to the partners, shareholders,

members, or other equity owners of a taxpayer that is authorized to

be treated as a partnership for purposes of federal income tax

reporting for the taxable year for which the tax credits authorized

by this subsection are claimed on the applicable return, together

with required schedules, forms or reports of the partners,

shareholders, members, or other equity owners of the taxpayer. Tax

credits which are allocated to such equity owners shall only be

limited in amount for the income tax return of a natural person or

persons based upon the limitation of the total credit amount to the

entity from which the tax credits have been allocated and shall not

be limited to One Thousand Dollars ($1,000.00) for single

individuals or limited to Two Thousand Dollars ($2,000.00) for

married persons filing a joint return.

4. On or before April 30, 2024, and once every two (2) years

thereafter, such scholarship-granting organization and educational

improvement grant organization shall electronically submit to the

Oklahoma Tax Commission, the Governor, President Pro Tempore of the

Senate, the Speaker of the House of Representatives, and the chairs

and vice chairs of the education committees of the Senate and House

of Representatives an audited financial statement for the

organization along with information detailing the benefits,

successes, or failures of the program, and make publicly available

on its website the financial statement and information submitted

pursuant to this paragraph.

C. 1. Except as provided in subsection G of this section,

after August 26, 2011, there shall be allowed a credit for any

taxpayer who makes a contribution to an eligible educational

improvement grant organization. Except as otherwise provided by

paragraph 2 of this subsection, the credit shall be equal to fifty

percent (50%) of the total amount of contributions made during a

taxable year, not to exceed One Thousand Dollars ($1,000.00) for

single individuals, Two Thousand Dollars ($2,000.00) for married

individuals filing jointly, or One Hundred Thousand Dollars

($100,000.00) for any taxpayer which is a legal business entity

including limited and general partnerships, corporations, subchapter

Oklahoma Statutes - Title 68. Revenue and Taxation Page 881

S corporations and limited liability companies, plus any suspended

credits pursuant to subparagraph d of paragraph 2 of subsection I of

this section; provided, if total credits claimed pursuant to this

paragraph exceed the cap amount established pursuant to paragraphs 3

and 4 of subsection E of this section, the credit shall be equal to

the taxpayer's proportionate share of the cap for the taxable year,

as determined pursuant to subsection I of this section.

2. For any taxpayer who makes a contribution to an eligible

educational improvement grant organization and makes a written

commitment to contribute the same amount for an additional year, the

credit for the first year and the additional year shall be equal to

seventy-five percent (75%) of the total amount of the contribution

made during a taxable year, not to exceed the cap amount established

in paragraphs 3 and 4 of subsection E of this section for the

taxable year in which the credit provided in this paragraph is

claimed; provided, if total credits claimed pursuant to this

paragraph exceed the cap established pursuant to paragraphs 3 and 4

of subsection E of this section, the credit shall be equal to the

taxpayer's proportionate share of the cap for the taxable year, as

determined pursuant to subsection I of this section. The taxpayer

shall provide evidence of the written commitment to the Oklahoma Tax

Commission at the time of filing the refund claim.

3. The credits authorized pursuant to the provisions of this

subsection shall be allocable to the partners, shareholders,

members, or other equity owners of a taxpayer that is authorized to

be treated as a partnership for purposes of federal income tax

reporting for the taxable year for which the tax credits authorized

by this subsection are claimed on the applicable return, together

with required schedules, forms, or reports of the partners,

shareholders, members, or other equity owners of the taxpayer. Tax

credits which are allocated to such equity owners shall only be

limited in amount for the income tax return of a natural person or

persons based upon the limitation of the total credit amount to the

entity from which the tax credits have been allocated and shall not

be limited to One Thousand Dollars ($1,000.00) for single

individuals or limited to Two Thousand Dollars ($2,000.00) for

married persons filing a joint return.

D. 1. For contributions made on or after January 1, 2022,

there shall be allowed a credit for any taxpayer who makes a

contribution to an eligible public school foundation or public

school district. Except as otherwise provided by paragraph 2 of

this subsection, the credit shall be equal to fifty percent (50%) of

the total amount of contributions made during a taxable year, not to

exceed One Thousand Dollars ($1,000.00) for single individuals, Two

Thousand Dollars ($2,000.00) for married individuals filing jointly,

or One Hundred Thousand Dollars ($100,000.00) for any taxpayer which

is a legal business entity including limited and general

Oklahoma Statutes - Title 68. Revenue and Taxation Page 882

partnerships, corporations, subchapter S corporations and limited

liability companies; provided, if total credits claimed pursuant to

this paragraph exceed the cap amount established pursuant to

paragraph 4 of subsection E of this section, the credit shall be

equal to the taxpayer's proportionate share of the cap for the

taxable year, as determined pursuant to subsection I of this

section.

2. Except as otherwise provided by paragraph 1 of this

subsection, for any taxpayer who makes a contribution to an eligible

public school foundation or public school district and makes a

written commitment to contribute the same amount for an additional

year, the credit for the first year and the additional year shall be

equal to seventy-five percent (75%) of the total amount of the

contribution made during a taxable year, not to exceed the cap

amount established in paragraph 4 of subsection E of this section

for the taxable year in which the credit provided in this paragraph

is claimed. The taxpayer shall provide evidence of the written

commitment to the Oklahoma Tax Commission at the time of filing the

refund claim; provided, if total credits claimed pursuant to this

paragraph exceed the cap amount established pursuant to paragraph 4

of subsection E of this section, the credit shall be equal to the

taxpayer's proportionate share of the cap for the taxable year, as

determined pursuant to subsection I of this section.

3. The credits authorized pursuant to the provisions of this

subsection shall be allocable to the partners, shareholders,

members, or other equity owners of a taxpayer that is authorized to

be treated as a partnership for purposes of federal income tax

reporting for the taxable year for which the tax credits authorized

by this subsection are claimed on the applicable return, together

with required schedules, forms, or reports of the partners,

shareholders, members, or other equity owners of the taxpayer. Tax

credits which are allocated to such equity owners shall only be

limited in amount for the income tax return of a natural person or

persons based upon the limitation of the total credit amount to the

entity from which the tax credits have been allocated and shall not

be limited to One Thousand Dollars ($1,000.00) for single

individuals or limited to Two Thousand Dollars ($2,000.00) for

married persons filing a joint return.

4. On or before April 30, 2024, and once every four (4) years

thereafter, such eligible public school foundation and public school

district shall submit to the Oklahoma Tax Commission, the Governor,

President Pro Tempore of the Senate, and the Speaker of the House of

Representatives an audited financial statement for the organization

along with information detailing the benefits, successes, or

failures of the programs.

E. Except as otherwise provided pursuant to subsection I of

this section:

Oklahoma Statutes - Title 68. Revenue and Taxation Page 883

1. The total credits authorized pursuant to subsection B of

this section for all taxpayers for tax years 2017 through 2021 shall

not exceed Three Million Five Hundred Thousand Dollars

($3,500,000.00) annually;

2. The total credits authorized pursuant to subsection B of

this section for all taxpayers for tax years 2022 and subsequent tax

years shall not exceed Twenty-five Million Dollars ($25,000,000.00)

annually;

3. The total credits authorized pursuant to subsection C of

this section for all taxpayers for tax years 2017 through 2021 shall

not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00)

annually;

4. The total credits authorized pursuant to subsections C and D

of this section for all taxpayers for tax year 2022 and subsequent

tax years shall not exceed Twenty-five Million Dollars

($25,000,000.00) annually. In addition to the cap amount prescribed

by this paragraph, the credit amount shall also be limited to Two

Hundred Thousand Dollars ($200,000.00) of credits per public school

district annually; and

5. The cap on total credits provided for in this subsection

shall be allocated by the Tax Commission as provided in subsection I

of this section.

F. For credits claimed for eligible contributions made during

tax year 2014 and thereafter, a credit shall not be allowed by the

Oklahoma Tax Commission for contributions made to a scholarship-

granting organization or an educational improvement grant

organization if that organization's percentage of funds actually

awarded is less than ninety percent (90%). For purposes of this

section, the "percentage of funds actually awarded" shall be

determined by dividing the total amount of funds actually awarded as

educational scholarships or educational improvement grants over the

most recent twenty-four (24) months by the total amount available to

award as educational scholarships or educational improvement grants

over the most recent twenty-four (24) months.

G. Any tax credits which are earned by a taxpayer pursuant to

this section during the time period beginning August 26, 2011,

through December 31, 2012, may not be claimed for any period prior

to the taxable year beginning January 1, 2013. No credits which

accrue during the time period beginning August 26, 2011, through

December 31, 2012, may be used to file an amended tax return for any

taxable year prior to the taxable year beginning January 1, 2013.

H. As used in this section:

1. "Eligible student" means a child of school age who is

lawfully present in the United States and who is a member of a

household in which the total annual income during the preceding tax

year does not exceed an amount equal to three hundred percent (300%)

of the income standard used to qualify for a free or reduced-price

Oklahoma Statutes - Title 68. Revenue and Taxation Page 884

school lunch or who, during the immediately preceding school year,

attended or, by virtue of the location of such student's place of

residence, was eligible to attend a public school in this state

which has been identified for school improvement as determined by

the State Board of Education pursuant to the requirements of the No

Child Left Behind Act of 2001, P.L. No. 107-110. Once a student has

received an educational scholarship, as defined in paragraph 3 of

this subsection, the student and any siblings who are members of the

same household shall remain eligible until they graduate from high

school or reach twenty-one (21) years of age, whichever occurs

first;

2. "Eligible special needs student" means a child who has been

provided services under an Individualized Family Service Plan

through the SoonerStart program and during transition was evaluated

and determined to be eligible for school district services, a child

of school age who has attended public school in our state with an

individualized education program pursuant to the Individuals With

Disabilities Education Act, 20 U.S.C.A., Section 1400 et seq., or a

child who has been diagnosed by a clinical professional as having a

significant disability that will affect learning and who has been

approved by the board of a scholarship-granting organization;

3. "Educational scholarships" means:

a. scholarships to an eligible student of up to Five

Thousand Dollars ($5,000.00) or eighty percent (80%)

of the statewide annual average per-pupil expenditure

as determined by the National Center for Education

Statistics, U.S. Department of Education, whichever is

greater, to cover all or part of the tuition, fees,

and transportation costs of a qualified school which

is accredited by the State Board of Education or an

accrediting association approved by the Board pursuant

to Section 3-104 of Title 70 of the Oklahoma Statutes,

b. scholarships to an eligible student of up to Five

Thousand Dollars ($5,000.00) or eighty percent (80%)

of the statewide annual average per-pupil expenditure

as determined by the National Center for Education

Statistics, U.S. Department of Education, whichever is

greater, to cover the educational costs of a qualified

school which does not charge tuition, which enrolls

special populations of students, and which is

accredited by the State Board of Education or an

accrediting association approved by the Board pursuant

to Section 3-104 of Title 70 of the Oklahoma Statutes,

or

c. scholarships to an eligible special needs student of

up to Twenty-five Thousand Dollars ($25,000.00) to

cover all or part of the tuition, fees, and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 885

transportation costs of a qualified school for

eligible special needs students which is accredited by

the State Board of Education or an accrediting

association approved by the Board pursuant to Section

3-104 of Title 70 of the Oklahoma Statutes;

4. "Low-income eligible student" means an eligible student or

eligible special needs student who qualifies for a free or reduced-

price lunch;

5. "Qualified school" means an early childhood, elementary, or

secondary private school in this state including schools which

provide special educational programs for three-year-olds or

prekindergarten educational programs for four-year-olds, which:

a. is accredited by the State Board of Education or an

accrediting association approved by the Board pursuant

to Section 3-104 of Title 70 of the Oklahoma Statutes,

b. is in compliance with all applicable health and safety

laws and codes,

c. has a stated policy against discrimination in

admissions on the basis of race, color, national

origin, or disability, and

d. ensures academic accountability to parents and

guardians of students through regular progress

reports;

6. "Qualified school for eligible special needs students" means

an early childhood, elementary, or secondary private school in a

county in this state including schools which provide special

educational programs for three-year-olds or prekindergarten

educational programs for four-year-olds;

7. "Scholarship-granting organization" means an organization

which:

a. is a nonprofit entity exempt from taxation pursuant to

the provisions of the Internal Revenue Code, 26

U.S.C., Section 501(c)(3),

b. distributes periodic scholarship payments as checks

made out to an eligible student's or eligible special

needs student's parent or guardian and mailed to the

qualified school where the student is enrolled,

c. spends no more than ten percent (10%) of its annual

revenue on expenditures other than educational

scholarships as defined in paragraph 3 of this

subsection,

d. spends each year a portion of its expenditures on

educational scholarships for low-income eligible

students, as defined in paragraph 4 of this

subsection, in an amount equal to or greater than the

percentage of low-income eligible students in the

state,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 886

e. ensures that scholarships are portable during the

school year and can be used at any qualified school

that accepts the eligible student or at any qualified

school for special needs students that accepts the

eligible special needs student,

f. registers with the Oklahoma Tax Commission as a

scholarship-granting organization, and

g. has policies in place to:

(1) carry out criminal background checks on all

employees and board members to ensure that no

individual is involved with the organization who

might reasonably pose a risk to the appropriate

use of contributed funds, and

(2) maintain full and accurate records with respect

to the receipt of contributions and expenditures

of those contributions and supply such records

and any other documentation required by the Tax

Commission to demonstrate financial

accountability;

8. "Annual revenue" means the total amount or value of

contributions received by an organization from taxpayers awarded

credits during the organization's fiscal year and all amounts earned

from interest or investments;

9. "Public school" means public schools as defined in Section

1-106 of Title 70 of the Oklahoma Statutes;

10. "Eligible public school district" means any public school;

11. "Early childhood education program" means a special

educational program for eligible special needs students who are

three (3) years of age or a prekindergarten educational program

provided to children who are at least four (4) years of age but not

more than five (5) years of age on or before September 1;

12. "Innovative educational program" means an advanced academic

or academic improvement program that is not part of the regular

coursework of a public school but that enhances the curriculum or

academic program of the school or provides early childhood education

programs to students;

13. "Educational improvement grant" means a grant to an

eligible public school to implement an innovative educational

program for students including the ability for multiple public

schools to make an application and be awarded a grant to jointly

provide an innovative educational program;

14. "Educational improvement grant organization" means an

organization which:

a. is a nonprofit entity exempt from taxation pursuant to

the provisions of the Internal Revenue Code, 26

U.S.C., Section 501(c)(3), and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 887

b. contributes at least ninety percent (90%) of its

annual receipts as grants to eligible schools for

innovative educational programs. For purposes of this

subparagraph, an educational improvement grant

organization contributes its annual cash receipts when

it expends or otherwise irrevocably encumbers those

funds for expenditure during the then current fiscal

year of the organization or during the next succeeding

fiscal year of the organization; and

15. "Eligible public school foundation" means a nonprofit

entity formed pursuant to the laws of this state and is exempt from

federal income taxation pursuant to either Section 501(c)(3) or

Section 509(a) of the Internal Revenue Code of 1986, as amended.

Each public school foundation must be approved by the local board of

education prior to accepting qualifying donations.

I. Total credits authorized by this section shall be allocated

as follows:

1. By January 10 of the year immediately following each

calendar year, a scholarship-granting organization, an educational

improvement grant organization, an eligible public school

foundation, or public school district which accepts contributions

pursuant to this section shall provide electronically to the Tax

Commission information on each contribution accepted during such

taxable year. At least once each taxable year, the entity making

the report shall notify each contributor that Oklahoma law provides

for a total, statewide cap on the amount of income tax credits

allowed annually;

2. a. If the Tax Commission determines the total combined

credits claimed for contributions made to scholarship-

granting organizations during the most recently

completed calendar year by all taxpayers are in excess

of the statewide cap amount provided in paragraphs 1

and 2 of subsection E of this section, the Tax

Commission shall first allocate any amount of credits

not claimed for contributions made to organizations

authorized pursuant to subsections C and D of this

section, then shall determine the percentage of the

contribution which establishes the proportionate share

of the credit which may be claimed by any taxpayer so

that the total maximum credits authorized by this

section are not exceeded.

b. If the Tax Commission determines the total combined

credits claimed for contributions made to

organizations authorized pursuant to subsections C and

D of this section during the most recently completed

calendar year by all taxpayers are in excess of the

statewide cap amount provided in paragraphs 3 and 4 of

Oklahoma Statutes - Title 68. Revenue and Taxation Page 888

subsection E of this section, the Tax Commission shall

first allocate any amount of credits not claimed for

contributions made to scholarship-granting

organizations, then shall determine the percentage of

the contribution which establishes the proportionate

share of the credit which may be claimed by any

taxpayer so that the maximum credits authorized by

this section are not exceeded.

c. If the Tax Commission determines the total combined

credits claimed for contributions made to

organizations authorized pursuant to subsections C and

D of this section during the most recently completed

calendar year by all taxpayers are in excess of the

per public school district cap pursuant to paragraph 4

of subsection E of this section, the Tax Commission

shall first allocate any amount of credits not claimed

for contributions made to other organizations

authorized pursuant to subsections C and D of this

section, then shall determine the percentage of the

contribution which establishes the proportionate share

of the credit which may be claimed by any taxpayer so

that the maximum credits authorized by this section

are not exceeded.

d. Beginning for tax year 2016, credits earned, but not

allowed due to the application of statewide caps

provided in subsection E of this section will be

considered suspended and authorized to be used in the

next immediate tax year and applied to the next year's

statewide cap; and

3. The Tax Commission shall publish the percentage of the

contribution which may be claimed as a credit by contributors for

the most recently completed calendar year on the Tax Commission

website no later than February 15 of each calendar year for

contributions made the previous year. Each organization authorized

pursuant to subsections B, C, and D of this section shall notify

contributors of that amount annually.

J. No tax credits authorized by this section shall be used to

reduce the tax liability of the taxpayer to less than zero (0).

K. Any credits authorized by this section allowed but not used

in any tax year may be carried over, in order, to each of the three

(3) years following the year of qualification.

L. 1. In order to qualify under this section, each

organization authorized pursuant to subsections C and D of this

section shall submit an application with information to the Oklahoma

Tax Commission on a form prescribed by the Tax Commission that:

a. enables the Tax Commission to confirm that the

organization is a nonprofit entity exempt from

Oklahoma Statutes - Title 68. Revenue and Taxation Page 889

taxation pursuant to the provisions of the Internal

Revenue Code, 26 U.S.C., Section 501(c)(3) or Section

509(a), and

b. describes the proposed innovative educational program

or programs supported by the organization.

2. The Tax Commission shall review and approve or disapprove

the application, in consultation with the State Department of

Education.

3. In order to maintain eligibility under this section, an

organization authorized pursuant to subsections C and D of this

section shall annually report the following information to the Tax

Commission and publish on its website by September 1 of each year:

a. the name of the innovative educational program or

programs and the total amount of the grant or grants

made to those programs during the immediately

preceding school year,

b. a description of how each grant was utilized during

the immediately preceding school year and a

description of any demonstrated or expected innovative

educational improvements,

c. the names of the public school and school districts

where innovative educational programs that received

grants during the immediately preceding school year

were implemented,

d. where the organization collects information on a

county-by-county basis, and

e. the total number and total amount of grants made

during the immediately preceding school year for

innovative educational programs at public school by

each county in which the organization made grants.

4. The information required under paragraph 3 of this

subsection shall be submitted on a form provided by the Tax

Commission. No later than May 1 of each year, the Tax Commission

shall annually distribute sample forms together with the forms on

which the reports are required to be made to each approved

organization.

5. The Tax Commission shall not require any other information

be provided by an organization, except as expressly authorized in

this section.

M. 1. Beginning in 2023 for the 2022-2023 academic year, in

order to maintain registration, a scholarship-granting organization

shall annually report to the Tax Commission by September 1 of each

year the following information regarding the educational

scholarships funded by the organization in the previous academic

year:

a. the name and address of the scholarship-granting

organization,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 890

b. the names of the qualifying schools that received

funding for educational scholarships, the total amount

of funds paid to each qualifying school, and the total

number of scholarship recipients enrolled in each

qualifying school,

c. the total number and total dollar amount of

contributions received during the previous academic

year,

d. the total number and total dollar amount of

educational scholarships awarded and funded during the

previous academic year,

e. the total number, total dollar amount, and percentage

of educational scholarships awarded and funded during

the previous academic year disaggregated into the

following categories:

(1) low-income eligible students,

(2) students who during the immediately preceding

school year attended or who were eligible by

virtue of the residence of the student to attend

a public school in the state which was identified

for school improvement by the State Board of

Education,

(3) eligible special needs students, and

(4) students who were first-time recipients of a

scholarship including information about the type

of public or private school the student was

enrolled in during the entire previous academic

year,

f. the percentage of annual revenue received by the

organization from donations which qualify for tax

credits pursuant to this section which was not

expended on scholarships,

g. disaggregated data reported under this subsection

shall be redacted if reporting would allow for

identification of specific children, and shall be

reported in accordance with the Student Data

Accessibility, Transparency and Accountability Act of

2013, division b of subparagraph 2 of subsection C of

Section 3-168 of Title 70 of the Oklahoma Statutes,

and the Family Educational Rights and Privacy Act of

1974 (FERPA), 20 U.S.C., Section 1232g, and

h. the percentage of the total amount of education

scholarship expenditures spent on low-income eligible

students.

2. The Tax Commission shall make available on its website:

Oklahoma Statutes - Title 68. Revenue and Taxation Page 891

a. the information submitted by the scholarship-granting

organization pursuant to paragraph 1 of this

subsection,

b. a list of participating schools, and

c. all other application information submitted to the Tax

Commission by a scholarship-granting organization,

except that information which would violate the

privacy of an individual.

3. A scholarship-granting organization shall annually submit

verification to the Tax Commission that the organization still meets

the criteria set forth in paragraph 7 of subsection H of this

section.

N. Contributions made pursuant to subsections B, C, and D of

this section shall not be used by the Legislature to reduce the

amount appropriated for the financial support of public schools.

O. In consultation with the State Department of Education, the

Tax Commission shall promulgate rules necessary to implement the

Oklahoma Equal Opportunity Education Scholarship Act. The rules

shall include procedures for the registration of a scholarship-

granting organization, an educational improvement grant

organization, a public school foundation, or public school district

for purposes of determining if the organization meets the

requirements of the Oklahoma Equal Opportunity Education Scholarship

Act or for the revocation of the registration of an organization, if

applicable, and for notice as required in subsection I of this

section.
Okla. Stat. tit. 68, § 68-2893 — OK Code / Title 68 / Section 68-2893
Homestead exemption - Approval or rejection - Notice
Status: in_force

The county assessor shall examine each application for homestead

exemption filed with him and shall determine whether or not such

application should be approved or rejected and if approved,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1237

determine the amount of the exemption. If the application is

approved, he shall mark the same "approved" and show thereon the

amount of exemption allowed and make the proper deduction upon his

assessment rolls. In case he finds that the exemption should not be

allowed by reason of not being in conformity to law, he shall mark

the application "rejected" and state thereon the reason for such

rejection. In any case where the county assessor disallows or

reduces an application for exemption, he shall notify the applicant

of his action by mailing written notice to him at the address shown

in the application, which notice shall be on forms prescribed by the

Oklahoma Tax Commission. All applications for exemption, showing

thereon the action of the county assessor, shall be delivered to the

county board of equalization on or before the fourth Monday of April

of each year.
Okla. Stat. tit. 68, § 68-2385.16 — OK Code / Title 68 / Section 68-2385.16
Deposit of payments - Refunds - Method of refunds
Status: in_force

A. All payments received by the Oklahoma Tax Commission

transmitted by employers for taxes withheld from employees and all

payments received by the Tax Commission from taxpayers as herein

provided shall be deposited with the State Treasurer in the Tax

Commission's Official Depository Clearing Account and be designated

Income Tax Withholding Funds. These funds shall be under the

exclusive control of the Tax Commission. The Tax Commission is

empowered and directed each month to transfer the amount thereof

which the Tax Commission estimates to be necessary to make tax

refunds to a separate account designated as the Income Tax

Withholding Refund Account, and to make apportionments from such

funds remaining in the Official Depository Clearing Account, of the

amount it considers available for distribution as income taxes

collected. The Tax Commission shall maintain a balance in the

refund account sufficient to cover anticipated tax refunds.

All warrants drawn against such refund account as provided in

the preceding subsection which are not presented for payment within

ninety (90) days of issuance thereof shall be void.

Persons entitled to refunds of monies represented by warrants

which are not presented for payment within ninety (90) days from the

date of issuance thereof may file claims for refund at any time

within three (3) years from the due date of the return. Such claims

shall be filed and paid under the provisions of Section 2373 of this

Code, and if allowed shall be paid under the provisions of such

section. An income tax refund warrant which was not presented for

payment within ninety (90) days from the date of issuance or

reissued for a like amount up to three (3) years from the date of

issuance of the original warrant shall be subject to reporting and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1082

remittance to the Oklahoma State Treasurer pursuant to the Uniform

Unclaimed Property Act.

B. Neither the Tax Commission nor any member or employee

thereof shall be held personally liable for making any refund by

reason of a fraudulent withholding certificate being used as a basis

for such refund.

C. The Oklahoma Tax Commission may use a direct deposit system

and card-based disbursement system in lieu of checks or warrants for

the purposes of issuing refunds for overpayment of individual income

taxes. Notwithstanding the provisions of Section 205 of this title,

the Tax Commission may enter into a contract with, and release

taxpayer information to, entities deemed to be qualified by the Tax

Commission to implement the card-based disbursement system.
Okla. Stat. tit. 68, § 68-427 — OK Code / Title 68 / Section 68-427
Persons who may sell tobacco products to tribally owned or licensed stores - Collecting,
Status: in_force

Oklahoma Statutes - Title 68. Revenue and Taxation Page 6licensed stores - Collecting, reporting and remitting tax.

Every wholesaler doing business within this state and required

to secure a license as provided in Section 415 of this title may

sell tobacco products to tribally owned or licensed stores in this

state. It shall be the duty of the wholesaler to collect, report

and remit the tax imposed by Section 349.1 of this title on the

tobacco products inventory which are tax-free pursuant to Section

349.1 of this title sold to a tribally owned or licensed store.
Okla. Stat. tit. 68, § 68-327 — OK Code / Title 68 / Section 68-327
Definitions
Status: in_force

The following words, terms and phrases, when used in this act,

shall have the meaning ascribed to them in this section, except

where the context clearly indicates a different meaning:

a. "Person" shall mean and include any individual, firm,

association, company, partnership, limited liability company,

corporation, joint stock company, club, agency, syndicate municipal

corporation, or other political subdivision of this state, trust,

receiver, trustee, fiduciary, and conservator.

b. "Cigarettes" shall mean and include any roll for smoking,

made wholly or in part of tobacco, irrespective of size or shape and

whether or not such tobacco is flavored, adulterated, or mixed with

any other ingredient, the wrapper or cover of which is made of

paper, leaves, string, or any other substance or material, excepting

tobacco.

c. "Tobacco Products" shall mean any bidis, cigars, cheroots,

stogies, smoking tobacco (including granulated, plug cut, crimp cut,

ready rubbed, and any other kinds and forms of tobacco suitable for

smoking in a pipe or cigarette), chewing tobacco (including

cavendish, twist, plug, scrap, and any other kinds and forms of

tobacco suitable for chewing), however prepared; and shall include

Oklahoma Statutes - Title 68. Revenue and Taxation Page 185

any other articles or products made of tobacco or any substitute

therefor.

d. "Sale" shall mean any transfer for a consideration,

exchange, barter, gift, offer for sale, and distribution in any

manner or by any means whatsoever.

e. "Wholesaler" and/or "jobber" is defined to mean a person,

firm, or corporation organized and existing, or doing business

primarily to sell cigarettes to, and render service to retailers in

the territory such person, firm or corporation chooses to serve;

that purchases cigarettes directly from the manufacturer; that at

least seventy-five percent (75%) of whose gross sales are made at

wholesale; to other than their own retail stores, that handles goods

in wholesale quantities and sells through salesmen, advertising,

and/or sales promotion devices; that carries at all times at his or

its principal place of business a representative stock of cigarettes

and tobacco products for sale, and that comes into the possession of

cigarettes for the purpose of selling them to retailers or to

persons outside or within the state who might resell or retail such

cigarettes to consumers.

f. The word "Sub-Jobber" is defined to mean any person in this

state who does not purchase cigarettes and tobacco products from a

manufacturer and who acquires stamped cigarettes and tobacco

products from a wholesaler, at least seventy-five percent (75%) of

which are for purposes of resale to retailers in this state, or to

persons for the purpose of resale only.

g. "Retailer" means any person in this state who is engaged in

the business of selling cigarettes and tobacco products at retail

and any person selling cigarettes through vending machines.

h. "Manufacturer's representative, or manufacturer's salesman"

shall mean any person working for or under the supervision of a

manufacturer and whose action is not controlled by the wholesaler or

retailer.

i. "Consumer" shall mean a person who comes into possession of

cigarettes or tobacco products for the purpose of consuming them,

giving them away, or disposing of them in a way other than by sale,

barter, or exchange.

j. "Drop shipment" shall mean and include any delivery of

cigarettes or tobacco products received by any person within this

state when payment for such cigarettes or tobacco products is made

to the shipper or seller by or through a person other than the

consignee.

k. "Sell at retail", "sale at retail", and "retail sales" shall

mean and include any transfer of title to cigarettes and tobacco

products for a valuable consideration, made in the ordinary course

of trade or usual conduct of the seller's business, to the purchaser

for consumption or use.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 186

l. "Sell at wholesale", "sale at wholesale", and "wholesale

sales" shall mean and include any transfer of title to cigarettes

and tobacco products for a valuable consideration, made in the

ordinary course of trade or usual conduct of the wholesaler's

business, to the retailer for the purpose of resale.

m. "Basic costs of cigarettes and tobacco products" shall mean

the invoice cost of cigarettes and tobacco products to the retailer

or wholesaler, as the case may be, or the replacement cost of

cigarettes and tobacco products to the retailer or wholesaler, as

the case may be, within thirty (30) days prior to the date of sale

in the quantity last purchased, whichever is lower, less all trade

discounts, except the customary discounts for cash, to which shall

be added the full face value of any stamps which may be required by

any cigarette and tobacco products tax act of this state or federal

act now in effect or hereafter enacted, if not already included by

the manufacturer in the list price.
Okla. Stat. tit. 68, § 68-2357.65A — OK Code / Title 68 / Section 68-2357.65A
Federally regulated investment company exemption
Status: in_force

A. As used in this section:

1. "Federally regulated investment company" means a qualified

small business capital company as defined by Section 2357.61 of this

title and that is licensed by the United States Small Business

Administration or the United States Department of Agriculture and

which qualifies as one of the following types of entities:

a. a Small Business Investment Company, or

b. a Specialized Small Business Investment Company, or

c. a Rural Business Investment Company, or

d. a Community Development Entity as defined by Section

45D of the Internal Revenue Code of 1986, as amended;

and

2. "Qualified small business capital company" means an entity

meeting the requirements of Section 2357.61 of this title.

B. Federally regulated investment companies shall be exempt

from the reporting requirements of subsections C and G of Section

2357.64 of this title.

C. As a condition of the exemption authorized by this section,

the federally regulated investment company shall provide to the

Oklahoma Tax Commission not later than March 15 each year:

1. A copy of the federal license issued by the applicable

federal regulatory entity;

2. A copy of all reports and compliance documents required by

the federal regulators; and

3. A copy of the annual financial audit of the federally

regulated investment company.

D. A federally regulated investment company shall also prepare

an annual summary report that discloses:

1. All investments made in for-profit business entities during

the preceding calendar year;

2. The primary business address of each for-profit business

entity in which any investment was made;

Oklahoma Statutes - Title 68. Revenue and Taxation Page 847

3. A statement of the business activity of each of the for-

profit business entities described in paragraphs 1 and 2 of this

subsection;

4. The type of investment instrument used to make the

investment; and

5. A status report of all investments made by the federally

regulated investment company.

E. The federally regulated investment company shall transmit a

copy of the annual summary prescribed by subsection D of this

section to the committees or subcommittees of the Oklahoma House of

Representatives and the Oklahoma State Senate having primary

jurisdiction over the Small Business Capital Formation Incentive

Act, the State Treasurer, the State Auditor and Inspector, the

Director of the Office of Management and Enterprise Services and the

Oklahoma Tax Commission.

F. The report required by subsection D of this section shall be

prepared and submitted until all of the monies available to the

federally regulated investment fund have been fully invested, all of

the investments have been completed and the proceeds from the

investment have been disbursed to the equity investors.
Okla. Stat. tit. 68, § 68-3034.2 — OK Code / Title 68 / Section 68-3034.2
Capital reserve fund
Status: in_force

A. As used in this act, a "capital reserve fund" shall be a

cash account, which may be used to pay for long-term capital needs

of the county. The capital reserve fund shall be funded from the

general budget or other legal source. The balance of the capital

reserve fund shall not be part of the general budget within the

estimate of needs but shall be recorded on the estimate of needs as

a special fund. When the county has excess funds, the county may by

resolution deposit the funds in the capital reserve fund. However,

after the funds are so transferred, they are not transferable back

to the original source.

B. Expenditures may be made out of the capital reserve fund as

needed and determined by the board of authority. Expenditures are

limited to county facilities. Such expenditures must be spent in

accordance with Section 1500 et seq. of Title 19 of the Oklahoma

Statutes.

C. The Office of the State Auditor and Inspector may establish

proper documents and procedures.
Okla. Stat. tit. 68, § 68-1001.1 — OK Code / Title 68 / Section 68-1001.1
Property exempt from ad valorem taxation - Rules and
Status: in_force

regulations for determination.

The Oklahoma Tax Commission shall adopt rules and regulations

which establish guidelines for the determination of property exempt

from ad valorem taxation pursuant to the provisions of subsections G

and H of Section 1001 of this title. Said guidelines shall include,

but are not limited to, the following:

1. "Producing leases" means wells or leases or production units

which have had production during any of the previous three (3)

calendar years which is subject to the gross production tax levied

by Section 1001 of this title and which have not been abandoned or

required to be plugged as required by law on or before January 1 of

the year for which the assessment or valuation is made;

2. "Payment of gross production tax" means payment of the tax

levied by Section 1001 of this title on production during any of the

three (3) calendar years immediately prior to January 1 of the year

for which the assessment or valuation is made; and

3. Property exempt from ad valorem tax pursuant to the

provisions of subsections G and H of Section 1001 of this title

shall include, but is not limited to, lease production tanks, lease

production meters, and disposal systems, including all materials and

equipment of disposal systems and the lines transporting the waste

materials, serving one or more wells, which are not for commercial

purposes. Provided, the exemption shall include the wellbore and

non-recoverable down-hole material, including casing, actually used

in the commercial disposal of waste materials produced with such oil

or gas. Such exempt property shall remain exempt as long as the

property is essential to the production of oil and gas in commercial

quantities. The county assessor shall be notified when such

property becomes nonexempt.
Okla. Stat. tit. 68, § 68-500.43 — OK Code / Title 68 / Section 68-500.43
Payment of tax by consumer
Status: in_force

In the event the tax imposed by this act is not precollected and

must be collected from the consumer in accordance with Section 28 of

this act, the tax is due and payable by the consumer on the first

day of each month for the preceding calendar month, and if not paid

on or before the 15th day of the following month, shall be

delinquent. The consumer shall file with the Commission, on forms

furnished by the Commission, a return verified by affidavit showing

in detail the total purchase price of the motor fuel, the number of

gallons purchased, the price per gallon, the location of the

purchase and any other information the Commission may deem

Oklahoma Statutes - Title 68. Revenue and Taxation Page 302

reasonably necessary. With each return, the consumer shall remit to

the Commission the amount of tax shown on the return to be due.

Reports timely mailed shall be considered timely filed. If a report

is not timely filed, interest shall be charged from the date the

report should have been filed until the report is actually filed.
Okla. Stat. tit. 68, § 68-2357.29A — OK Code / Title 68 / Section 68-2357.29A
Credit for homeowners who lost primary residence to natural disasters in 2012 and
Status: in_force

Oklahoma Statutes - Title 68. Revenue and Taxation Page 19natural disasters in 2012 and 2013.

A. For tax years beginning after December 31, 2011, there shall

be allowed a credit against the tax imposed by Section 2355 of this

title for owners of residential real property whose primary residence

was damaged or destroyed in a natural disaster occurring after

December 31, 2011, for which a Presidential Major Disaster

Declaration was issued or with respect to calendar year 2012 or

calendar year 2013 for which a Presidential Major Disaster

Declaration was not issued. The amount of the credit shall be the

difference between the ad valorem property tax paid on such property

and improvements in the year prior to the damage or destruction and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 806

the amount of ad valorem property tax paid on the property and

improvements the first year after the improvement is complete. For

purposes of this credit, the amount of ad valorem property tax paid

the first year after the improvement is complete shall be based on

the same or similar square footage as the property which was damaged

or destroyed. For purposes of this section, a "natural disaster"

shall mean a weather or fire event for which a Presidential Major

Disaster Declaration was issued; provided, however, that with respect

to damage or destruction caused by a tornado occurring in calendar

year 2012 or in calendar year 2013 for which a Presidential Major

Disaster Declaration was not issued, "natural disaster" shall include

such a tornadic occurrence.

B. The credit shall be a refundable credit. Eligible taxpayers

shall be entitled to claim this credit for five (5) consecutive

years. After the first year the credit is claimed, the amount of the

credit shall be eighty percent (80%) of the previous year's credit.

If the taxpayer has no income tax liability, or if the credit exceeds

the amount of the income tax liability of the taxpayer, then the

credit, or balance thereof, shall be paid out in the same manner and

out of the same fund as refunds of income taxes are paid and so much

of the fund as is necessary for such purposes is hereby appropriated.

C. In order to qualify for this credit:

1. The property shall have been damaged or destroyed by a

natural disaster after December 31, 2011;

2. The property shall be within an area which has been declared

a federal disaster area;

3. The property shall be the primary residence of the owner

both prior to and after the natural disaster;

4. The owner shall have been granted a homestead exemption or

be eligible to claim a homestead exemption both prior to and after

the natural disaster;

5. The primary residence shall be repaired or rebuilt on the

same property as it existed prior to the natural disaster; and

6. The primary residence shall be repaired or rebuilt and used

as the primary residence no later than December 31, 2015, with

respect to the calendar year 2012 or 2013 natural disaster and no

later than thirty-six (36) months after the date of any natural

disaster occurring on or after January 1, 2014.

D. The credit shall not be allowed if the property is

transferred or title is changed or conveyed as defined in Section

2802.1 of this title. Any credit claimed and allowed prior to the

transfer of the property or the change or conveyance of title shall

not be affected.

E. The Oklahoma Tax Commission shall promulgate any necessary

rules and develop any necessary forms to implement the provisions of

this section.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 807
Okla. Stat. tit. 68, § 68-24337 — OK Code / Title 68 / Section 68-24337
Renumbered as § 3133 of this title by Laws 1988, c. 162,
Status: in_force

§ 161, effective January 1, 1992 and Laws 1991, c. 249, § 1, eff.

Jan. 1, 1992.
Okla. Stat. tit. 68, § 68-2368.25 — OK Code / Title 68 / Section 68-2368.25
Donation from tax refund - Oklahoma Sports Eye Safety
Status: in_force

Program Revolving Fund - Apportionment.

A. Each state individual income tax return form for tax years

which begin after December 31, 2011, and each state corporate tax

return form for tax years beginning after December 31, 2011, shall

contain a provision to allow a donation from a tax refund for the

benefit of the Oklahoma Sports Eye Safety Program Revolving Fund.

B. Except as otherwise provided for in this section, all monies

generated pursuant to subsection A of this section shall be paid to

the State Treasurer by the Oklahoma Tax Commission and placed to the

credit of the Oklahoma Sports Eye Safety Program Revolving Fund

created in Section 3 of this act.

C. If a taxpayer makes a donation pursuant to subsection A of

this section in error, such taxpayer may file a claim for a refund

at any time within three (3) years from the due date of the tax

return. Such claims shall be filed pursuant to the provisions of

Section 2373 of Title 68 of the Oklahoma Statutes. Prior to the

apportionment set forth in this section, an amount equal to the

total amount of refunds made pursuant to this subsection during any

one (1) year shall be deducted from the total donations received

pursuant to this section during the following year and such amount

deducted shall be paid to the State Treasurer and placed to the

credit of the Income Tax Withholding Refund Account.
Okla. Stat. tit. 68, § 68-2834 — OK Code / Title 68 / Section 68-2834
Subdivided land or lot - Surveying and platting
Status: in_force

A. Whenever a legal subdivision of land, or any lot or

subdivision, is owned by two or more persons in severalty and the

description of one or more parts or parcels thereof cannot, in the

judgment of the county assessor, be made sufficiently certain and

accurate for the purpose of assessment and taxation, without noting

the metes and bounds of the same, he shall make his report thereof

to the board of county commissioners of his county, setting forth

the description of the legal subdivision, with his request that the

same be surveyed and platted in conformity with this section.

B. When so requested the board of county commissioners shall

cause a survey and plat to be made of such tract of land by a

competent person selected by the board of county commissioners,

which plat shall describe said tract and any other subdivisions of

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1170

the smallest legal subdivision of which the same is a part,

conforming as nearly as possible to the present location of the

separate lots, parcels, subdivisions, highways and easements as

shown by the records of the county clerk and county assessor,

numbering them by progressive numbers, setting forth the courses and

distances, the number of acres, and such other memoranda as is

necessary; and description of such lots and subdivisions according

to number and designation thereon as shown by said plat shall be

deemed a sufficient description for all purposes, inclusive of

transfer, by reference thereto.

C. Said plat shall be certified to by the person making the

survey as correct and when so certified shall be submitted to the

board of county commissioners for approval; and when endorsed with

the approval of the board it shall be signed and acknowledged by the

chairman thereof and filed for record with the county clerk and

shall be known as commissioners' plat of the tract or subdivision

therein designated, and when so executed and filed shall have the

same effect as if executed, acknowledged, and filed by the owners

thereof.

D. Whenever each of the legal subdivisions comprising an entire

quarter section of land is so owned by two or more persons in

severalty, said entire quarter section may be ordered surveyed and

platted in one plat as provided by the preceding provisions of this

section.

E. The costs and expenses of such plat, survey and record shall

be ordered paid by the board of county commissioners out of the

county general fund.
Okla. Stat. tit. 68, § 68-500.59 — OK Code / Title 68 / Section 68-500.59
Impoundment, seizure and sale of vehicle and cargo upon
Status: in_force

violation of shipping paper requirements - Presumption.

If a person is found operating a motor vehicle in violation of

the shipping paper requirements in Sections 45, 49, 50 and 55 of

this act, the vehicle and its cargo is subject to impoundment,

seizure, and subsequent sale and forfeiture, in accordance with the

general laws of this state respecting seizure and forfeiture. The

failure of the operator of a motor vehicle to have on board, when

loaded, the proper shipping papers with a destination state machine-

printed on its face pursuant to Section 45 of this act or which

fails to meet the descriptive annotation requirements of Sections

49, 50 and 56 of this act, if applicable, shall be presumptive

evidence of a violation sufficient to warrant impoundment and

seizure of the vehicle and its cargo.
Okla. Stat. tit. 68, § 68-2817 — OK Code / Title 68 / Section 68-2817
Valuation and assessment of property - Fair cash value -
Status: in_force

Use value

A. All taxable personal property, except intangible personal

property, personal property exempt from ad valorem taxation, or

household personal property, shall be listed and assessed each year

at its fair cash value, estimated at the price it would bring at a

fair voluntary sale, as of January 1.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1146

The fair cash value of household personal property shall be

valued at ten percent (10%) of the appraised value of the

improvement to the residential real property within which such

personal property is located as of January 1 each year. The

assessment of household personal property as provided by this

section may be altered by the taxpayer listing such property at its

actual fair cash value. For purposes of establishing the value of

household personal property, pursuant to the requirement of Section

8 of Article X of the Oklahoma Constitution, the percentage of value

prescribed by this section for the household personal property shall

be presumed to constitute the fair cash value of the personal

property.

Stocks of goods, wares, and merchandise shall be assessed at the

value of the average amount on hand during the preceding year, or

the average amount on hand during the part of the preceding year the

stock of goods, wares, or merchandise was at its January 1 location.

Provided, persons primarily engaged in selling lumber and other

building materials including cement and concrete, except for home

centers classified under Industry No. 444110 of the North American

Industrial Classification Systems (NAICS) Manual, shall be assessed

at the average value of the inventory on hand as of January 1 of

each year and the value of the inventory on hand as of December 31

of the same year.

B. All taxable real property shall be assessed annually as of

January 1, at its fair cash value, estimated at the price it would

bring at a fair voluntary sale for:

1. The highest and best use for which the property was actually

used during the preceding calendar year; or

2. The highest and best use for which the property was last

classified for use if not actually used during the preceding

calendar year.

When improvements upon residential real property are divided by

a taxing jurisdiction line, those improvements shall be valued and

assessed in the taxing jurisdiction in which the physical majority

of those improvements are located.

The Ad Valorem Division of the Oklahoma Tax Commission shall be

responsible for the promulgation of rules which shall be followed by

each county assessor of the state, for the purposes of providing for

the equitable use valuation of locally assessed real property in

this state. Agricultural land and nonresidential improvements

necessary or convenient for agricultural purposes shall be assessed

for ad valorem taxation based upon the highest and best use for

which the property was actually used, or was previously classified

for use, during the calendar year next preceding January 1 on which

the assessment is made.

C. The use value of agricultural land shall be based on the

income capitalization approach using cash rent. The rental income

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1147

shall be calculated using the direct capitalization method based

upon factors including, but not limited to:

1. Soil types, as depicted on soil maps published by the

Natural Resources Conservation Service of the United States

Department of Agriculture;

2. Soil productivity indices approved by the Ad Valorem

Division of the Tax Commission;

3. The specific agricultural purpose of the soil based on use

categories approved by the Ad Valorem Division of the Tax

Commission; and

4. A capitalization rate to be determined annually by the Ad

Valorem Division of the Tax Commission based on the sum of the

average first mortgage interest rate charged by the Federal Land

Bank for the immediately preceding five (5) years, weighted with the

prevailing rate or rates for additional loans or equity, and the

effective tax rate.

The final use value will be calculated using the soil

productivity indices and the agricultural use classification as

defined by rules promulgated by the State Board of Equalization.

This subsection shall not be construed in a manner which is

inconsistent with the duties, powers, and authority of the Board as

to valuation of the counties as fixed and defined by Section 21 of

Article X of the Oklahoma Constitution.

However, in calculating the use value of buffer strips as

defined in Section 2817.2 of this title, exclusive consideration

shall be based only on income from production agriculture from such

buffer strips, not including federal or state subsidies, when valued

as required by subsection C of Section 2817.2 of this title.

D. The use value of nonresidential improvements on agricultural

land shall be based on the cost approach to value estimation using

currently updated cost manuals published by the Marshall and Swift

Company or similar cost manuals approved by the Ad Valorem Division

of the Tax Commission. The use value estimates for the

nonresidential improvements shall take obsolescence and depreciation

into consideration in addition to necessary adjustments for local

variations in the cost of labor and materials. This section shall

not be construed in a manner which is inconsistent with the duties,

powers, and authority of the Board as to equalization of valuation

of the counties as determined and defined by Section 21 of Article X

of the Oklahoma Constitution.

The use value of facilities used for poultry production shall be

determined according to the following procedures:

1. The Ad Valorem Division of the Tax Commission is hereby

directed to develop a standard system of valuation of both real and

personal property of such facilities, which shall be used by all

county assessors in this state, under which valuation based on the

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1148

following shall be presumed to be the fair cash value of the

property:

a. for real property, a ten-year depreciation schedule,

at the end of which the residual value is twenty

percent (20%) of the value of the facility during its

first year of operation, and

b. for personal property, a five-year depreciation

schedule, at the end of which the residual value is

zero;

2. Such facilities shall be valued only in comparison to other

facilities used exclusively for poultry production. Such a facility

which is no longer used for poultry production shall be deemed to

have no productive use;

3. During the first year such a facility is placed on the tax

rolls, its fair cash value shall be presumed to be the lesser of the

actual purchase price or the actual documented cost of construction;

and

4. For the purpose of determining the valuation of

nonresidential improvements used for poultry production, the

provisions of this subsection shall be applicable and such

improvements shall not be considered to be commercial property.

E. The value of investment in property used exclusively by an

oil refinery that is used wholly as a facility, device, or method

for the desulphurization of gasoline or diesel fuel as defined in

Section 2817.3 of this title shall not be included in the

capitalization used in the determination of fair market value of

such oil refinery if such property would qualify as exempt property

pursuant to Section 2902 of this title, whether or not an

application for such exemption is made by an otherwise qualifying

manufacturing concern owning the property described by Section

2817.3 of this title.

F. The use value of a lot in any platted addition or a

subdivision in a city, town, or county zoned for residential,

commercial, industrial, or other use shall be deemed to be the fair

cash value of the underlying tract of land platted, divided by the

number of lots contained in the platted addition or subdivision

until the lot shall have been conveyed to a bona fide purchaser or

the lot with building or buildings located thereon shall have been

occupied other than as a sales office by the owner thereof, or shall

have been leased, whichever event shall first occur. One who

purchases a lot for the purposes of constructing and selling a

building on such lot shall not be deemed to be a bona fide purchaser

for purposes of this section. However, if the lot is held for a

period longer than two (2) years before construction, then the

assessor may consider the lot to have been conveyed to a bona fide

purchaser. The cost of any land or improvements to any real

property required to be dedicated to public use including, but not

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1149

limited to, streets, curbs, gutters, sidewalks, storm or sanitary

sewers, utilities, detention or retention ponds, easements, parks,

or reserves shall not be utilized by the county assessor in the

valuation of any real property for assessment purposes.

G. The transfer of real property without a change in its use

classification shall not require a reassessment thereof based

exclusively upon the sale value of the property. However, if the

county assessor determines:

1. That by reason of the transfer of a property there is a

change in the actual use or classification of the property; or

2. That by reason of the amount of the sales consideration it

is obvious that the use classification prior to the transfer of the

property is not commensurate with and would not justify the amount

of the sales consideration of the property;

then the assessor shall, in either event, reassess the property for

the new use classification for which the property is being used, or,

the highest and best use classification for which the property may,

by reason of the transfer, be classified for use.

H. When the term "fair cash value" or the language "fair cash

value, estimated at the price it would bring at a fair voluntary

sale" is used in the Ad Valorem Tax Code, in connection with and in

relation to the assessment of real property, it is defined to mean

and shall be given the meaning ascribed and assigned to it in this

section and when the term or language is used in the Code in

connection with the assessment of personal property it shall be

given its ordinary or literal meaning.

I. Where any real property is zoned for a use by a proper

zoning authority, and the use of the property has not been changed,

the use and not zoning shall determine assessment. Any reassessment

required shall be effective January 1 following the change in use.

Taxable real property need not be listed annually with the county

assessor.

J. If any real property shall become taxable after January 1 of

any year, the county assessor shall assess the same and place it

upon the tax rolls for the next ensuing year. When any building is

constructed upon land after January 1 of any year, the value of the

building shall be added by the county assessor to the assessed

valuation of the land upon which the building is constructed at the

fair cash value thereof for the next ensuing year. However, after

the building has been completed it shall be deemed to have a value

for assessment purposes of the fair cash value of the materials used

in such building only, until the building and the land on which the

building is located shall have been conveyed to a bona fide

purchaser or shall have been occupied or used for any purpose other

than as a sales office by the owner thereof, or shall have been

leased, whichever event shall first occur. The county assessor

shall continue to assess the building based upon the fair market

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1150

value of the materials used therein until the building and land upon

which the building is located shall have been conveyed to a bona

fide purchaser or is occupied or used for any purpose other than as

a sales office by the owner thereof, or is leased, whichever event

shall first occur.

K. In the event improvements on land or personal property

located therein or thereon are destroyed or partially destroyed, or

the land itself is impaired or partially impaired by fire,

lightning, storm, winds, floodwaters, overflow of streams, or other

cause (all such destruction or impairments being referred to herein

as "damage") during any year, the county assessor shall determine

the amount of damage and shall reassess the property for that year

at the fair cash value of the property, taking into account the

actual loss of functional use of the property occasioned by such

damage. The assessor shall make the appropriate value adjustments

to the property for that tax year up to the time at which the

assessor publishes the "Assessor's Report to the Excise Board" as

required by subsection D of Section 2867 of this title. After such

time, adjustments can be made only by the county board of tax roll

corrections and only after the assessor has certified the tax roll

for that year. The board secretary shall notify property owners in

advance of the time and place at which the value adjustment to their

property will be heard by the board. The board of tax roll

corrections is authorized only to approve or reject the value

adjustment submitted by the county assessor.

L. All taxable personal property used in the exploration of

oil, natural gas, or other minerals including drilling equipment and

rigs, shall be assessed annually at the value set forth in the first

Hadco International monthly bulletin published for the tax year,

using the appropriate depth rating assigned to the drawworks by its

manufacturer and the actual condition of the rig.

M. The value of taxable tangible personal property used in

commercial disposal systems of waste materials from the production

of oil and gas shall not include any contract rights or leases for

the use of such systems nor any value associated with the wellbore

or non-recoverable down-hole material including casing.
Okla. Stat. tit. 68, § 68-1404.3 — OK Code / Title 68 / Section 68-1404.3
Aircraft maintenance or manufacturing facilities - Sales of computers, data processing
Status: in_force

equipment, related peripherals and telephone, telegraph or telecommunications service or

equipment - Use tax refund - Computation of interest - Documentation of claims - Filing ofSales of computers, data processing equipment, related peripherals

and telephone, telegraph or telecommunications service or equipment

- Use tax refund - Computation of interest - Documentation of claims

- Filing of certification.

A. In order to administer the exemption for sales of computers,

data processing equipment, related peripherals and telephone,

telegraph or telecommunications service and equipment related

thereto to a qualified purchaser as provided by paragraph 11 of

Section 1357 of this title, as applicable to the use tax imposed by

law, there shall be made a use tax refund for state and local taxes

paid by a qualified purchaser for the purchase of such items.

B. The Oklahoma Tax Commission shall transfer each month from

use tax collected the amount which the Commission estimates to be

necessary to make the use tax refund provided by this section to an

account designated as the Commission determines.

C. Any refund shall be paid from the account prescribed by this

section at the time the claim for refund is approved by the Oklahoma

Tax Commission. The amount of the refund shall not exceed the total

state and local use taxes paid together with accrued interest upon

such total. The amount of interest paid to a qualified purchaser of

computers, data processing equipment, related peripherals and

telephone, telegraph or telecommunications service and equipment

related thereto upon the principal amount of any refund made to such

purchaser for purposes of administering the exemption provided by

paragraph 11 of Section 1357 of this title, shall be determined

according to the provisions of this subsection. For any month

during which the Oklahoma Tax Commission transfers a sum to the

account prescribed by subsection B of this section, the Commission

shall determine an interest rate by determining the rate of interest

paid for a three-months Treasury Bill of the United States

government as of the first working day of the month and such

interest rate shall accrue upon any amount transferred during the

month and upon the amounts previously transferred to the account

together with interest previously accrued upon such amounts.

D. The qualified purchaser of computers, data processing

equipment, related peripherals and telephone, telegraph or

telecommunications service and equipment related thereto shall file,

within thirty-six (36) months of the date of purchase, with the

Oklahoma Tax Commission the following documentation for any refund

claimed:

1. Affidavit of the purchaser that the amount of use tax

claimed has been remitted to the State of Oklahoma and that no

refund of the use tax paid has previously been requested;

2. In cases where the purchaser remitted the use tax to its

vendor, invoices indicating the amount of state and local use tax

paid and affidavit of each vendor that state and local use tax

Oklahoma Statutes - Title 68. Revenue and Taxation Page 661

billed to the purchaser has not been audited, rebated, or refunded

to the purchaser but rather the use tax charged has been collected

by the vendor and remitted to the Oklahoma Tax Commission; and

3. All additional documentation required to be submitted

pursuant to rules promulgated by the Oklahoma Tax Commission.

E. Only sales of computers, data processing equipment, related

peripherals and telephone, telegraph or telecommunications service

and equipment may qualify for the refund established by this

section, provided the total cost of said equipment equals or exceeds

the sum of Two Million Dollars ($2,000,000.00) and occurs after the

effective date of this act.

F. The qualified purchaser shall file, within sixty (60) months

of the date of the first purchase, with the Oklahoma Tax Commission

a certification issued by the Oklahoma Employment Security

Commission in order to qualify for the refund authorized by this

section.
Okla. Stat. tit. 68, § 68-3603 — OK Code / Title 68 / Section 68-3603
Definitions
Status: in_force

A. As used in the Oklahoma Quality Jobs Program Act:

1. a. “Basic industry” means:

(1) those manufacturing activities defined or

classified in the NAICS Manual under Industry

Sector Nos. 31, 32 and 33, Industry Group No.

5111 or Industry No. 11331,

(2) those electric power generation, transmission and

distribution activities defined or classified in

the NAICS Manual under U.S. Industry Nos. 221111

through 221122, if:

(a) an establishment engaged therein qualifies

as an exempt wholesale generator as defined

by 15 U.S.C., Section 79z-5a,

(b) the exempt wholesale generator facility

consumes from sources located within the

state at least ninety percent (90%) of the

total energy used to produce the electrical

output which qualifies for the specialized

treatment provided by the Energy Policy Act

of 1992, P.L. 102-486, 106 Stat. 2776, as

amended, and federal regulations adopted

pursuant thereto,

(c) the exempt wholesale generator facility

sells to purchasers located outside the

state for consumption in activities located

outside the state at least ninety percent

(90%) of the total electrical energy output

which qualifies for the specialized

treatment provided by the Energy Policy Act

of 1992, P.L. 102-486, 106 Stat. 2776, as

amended, and federal regulations adopted

pursuant thereto, and

(d) the facility is constructed on or after July

1, 1996,

(3) those administrative and facilities support

service activities defined or classified in the

NAICS Manual under Industry Group Nos. 5611 and

5612, Industry Nos. 51821, 519130, 52232 and

56142 or U.S. Industry Nos. 524291 and 551114,

those other support activities for air

transportation defined or classified in the NAICS

Manual under Industry Group No. 488190, and those

support, repair, and maintenance service

activities for the wind industry defined or

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1366

classified in the NAICS Manual under Industry

Group No. 811310,

(4) those professional, scientific and technical

service activities defined or classified in the

NAICS Manual under U.S. Industry Nos. 541710 and

541380,

(5) distribution centers for retail or wholesale

businesses defined or classified in the NAICS

Manual under Sector No. 42, if forty percent

(40%) or more of the inventory processed through

such warehouse is shipped out-of-state,

(6) those adjustment and collection service

activities defined or classified in the NAICS

Manual under U.S. Industry No. 561440, if

seventy-five percent (75%) of the loans to be

serviced were made by out-of-state debtors,

(7) (a) those air transportation activities defined

or classified in the NAICS Manual under

Industry Group No. 4811, if the following

facilities are located in this state:

(i) the corporate headquarters of an

establishment classified therein, and

(ii) a facility or facilities at which

reservations for transportation

provided by such an establishment are

processed, whether such services are

performed by employees of the

establishment, by employees of a

subsidiary of or other entity

affiliated with the establishment or by

employees of an entity with whom the

establishment has contracted for the

performance of such services; provided,

this provision shall not disqualify an

establishment which uses an out-of-

state entity or employees for some

reservations services, or

(b) those air transportation activities defined

or classified in the NAICS Manual under

Industry Group No. 4811, if an establishment

classified therein has or will have within

one (1) year sales of at least seventy-five

percent (75%) of its total sales, as

determined by the Incentive Approval

Committee pursuant to the provisions of

subsection B of this section, to out-of-

state customers or buyers, to in-state

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1367

customers or buyers if the product or

service is resold by the purchaser to an

out-of-state customer or buyer for ultimate

use, or to the federal government,

(8) flight training services activities defined or

classified in the NAICS Manual under U.S.

Industry Group No. 611512, which for purposes of

the Oklahoma Quality Jobs Program Act shall

include new direct jobs for which gross payroll

existed on or after January 1, 2003, as

identified in the NAICS Manual,

(9) the following, if an establishment classified

therein has or will have within one (1) year

sales of at least seventy-five percent (75%) of

its total sales, as determined by the Incentive

Approval Committee pursuant to the provisions of

subsection B of this section, to out-of-state

customers or buyers, to in-state customers or

buyers if the product or service is resold by the

purchaser to an out-of-state customer or buyer

for ultimate use, or to the federal government:

(a) those transportation and warehousing

activities defined or classified in the

NAICS Manual under Industry Subsector No.

493, if not otherwise listed in this

paragraph, Industry Subsector Nos. 482 and

484 and Industry Group Nos. 4884 through

4889,

(b) those passenger transportation activities

defined or classified in the NAICS Manual

under Industry Nos. 561510 and 561599,

(c) those freight or cargo transportation

activities defined or classified in the

NAICS Manual under Industry No. 541614,

(d) those insurance activities defined or

classified in the NAICS Manual under

Industry Group No. 5241,

(e) those services to dwellings and other

buildings, as defined or classified in the

NAICS Manual under Industry Group No. 5617,

excluding U.S. Industry Nos. 561730, 56171,

56172, 56174 and 56179,

(f) those equipment rental and leasing

activities defined or classified in the

NAICS Manual under Industry Group No. 5324,

(g) those information technology and other

computer-related service activities defined

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1368

or classified in the NAICS Manual under

Industry Group Nos. 5112, 5182, 5191 and

5415,

(h) those business support service activities

defined or classified in the NAICS Manual

under U.S. Industry Nos. 561410 through

561430, excluding 56143, and Industry No.

51911,

(i) those medical and diagnostic laboratory

activities defined or classified in the

NAICS Manual under Industry Group No. 6215,

(j) those professional, scientific and technical

service activities defined or classified in

the NAICS Manual under Industry Group Nos.

5412, 5414, 5415, 5416 and 5417, Industry

Nos. 54131, 54133, 54136 and 54137, and U.S.

Industry No. 541990, if not otherwise listed

in this paragraph,

(k) those communication service activities

defined or classified in the NAICS Manual

under Industry Nos. 51741 and 51791,

(l) those refuse systems activities defined or

classified in the NAICS Manual under

Industry Group No. 5622, provided that the

establishment is primarily engaged in the

capture and distribution of methane gas

produced within a landfill,

(m) general wholesale distribution of groceries,

defined or classified in the NAICS Manual

under Industry Group Nos. 4244 and 4245,

(n) those activities relating to processing of

insurance claims, defined or classified in

the NAICS Manual under U.S. Industry Nos.

524210 and 524292; provided, activities

described in U.S. Industry Nos. 524210 and

524292 in the NAICS Manual other than

processing of insurance claims shall not be

included for purposes of this subdivision,

(o) those agricultural activities classified in

the NAICS Manual under U.S. Industry Nos.

112120 and 112310,

(p) those professional organization activities

classified in the NAICS Manual under U.S.

Industry No. 813920,

(q) alternative energy structure construction

classified in the NAICS Manual under U.S.

Industry No. 237130,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1369

(r) solar reflective coating application

classified in the NAICS Manual under U.S.

Industry No. 238160,

(s) solar heating equipment installation

classified in the NAICS Manual under U.S.

Industry No. 238220,

(t) those wired telecommunications carriers

classified in the NAICS Manual under U.S.

Industry No. 517110, and

(u) those securities, commodity contracts and

investment activities classified in the

NAICS Manual under Industry Subsector No.

523,

(10) those activities related to extraction or

pipeline transportation of petroleum, natural gas

or refined petroleum products, defined or

classified in the NAICS Manual under Industry

Group No. 2111, 213111, 213112 or 486, subject to

the limitations provided in paragraph 3 of this

subsection and paragraph 3 of subsection B of

this section,

(11) those activities performed by the federal

civilian workforce at a facility of the Federal

Aviation Administration located in this state if

the Director of the Oklahoma Department of

Commerce determines or is notified that the

federal government is soliciting proposals or

otherwise inviting states to compete for

additional federal civilian employment or

expansion of federal civilian employment at such

facilities,

(12) those activities defined or classified in the

NAICS Manual under U.S. Industry No. 711211 (2007

version),

(13) those real estate or brokerage activities

classified in the NAICS Manual under U.S.

Industry No. 53120 for which at least seventy-

five percent (75%) of the establishment’s

revenues are attributed to out-of-state sales and

at least seventy-five percent (75%) of the real

estate transactions generating those revenues are

attributed to real property located outside the

State of Oklahoma, or

(14) those support activities for rail transportation

and those support activities for water

transportation defined or classified in the NAICS

Manual under U.S. Industry Nos. 4882 and 4883.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1370

b. An establishment described in subparagraph a of this

paragraph shall not be considered to be engaged in a

basic industry unless it offers, or will offer within

one hundred eighty (180) days of employment, a basic

health benefits plan to the individuals it employs in

new direct jobs in this state which is determined by

the Oklahoma Department of Commerce to consist of the

following elements or elements substantially

equivalent thereto:

(1) not more than fifty percent (50%) of the premium

shall be paid by the employee,

(2) coverage for basic hospital care,

(3) coverage for physician care,

(4) coverage for mental health care,

(5) coverage for substance abuse treatment,

(6) coverage for prescription drugs, and

(7) coverage for prenatal care;

2. “Change-in-control event” means the transfer to one or more

unrelated establishments or unrelated persons, of either:

a. beneficial ownership of more than fifty percent (50%)

in value and more than fifty percent (50%) in voting

power of the outstanding equity securities of the

transferred establishment, or

b. more than fifty percent (50%) in value of the assets

of an establishment.

A transferor shall be treated as related to a transferee if more

than fifty percent (50%) of the voting interests of the transferor

and transferee are owned, directly or indirectly, by the other or

are owned, directly or indirectly, by the same person or persons,

unless such transferred establishment has an outstanding class of

equity securities registered under Sections 12(b) or 15(d) of the

Securities Exchange Act of 1934, as amended, in which event the

transferor and transferee will be treated as unrelated; provided, an

establishment applying for the Oklahoma Quality Jobs Program Act as

a result of a change-in-control event is required to apply within

one hundred eighty (180) days of the change-in-control event to

qualify for consideration. An establishment entering the Oklahoma

Quality Jobs Program Act as the result of a change-in-control event

shall be required to maintain a level of new direct jobs as agreed

to in its contract with the Oklahoma Department of Commerce and to

pay new direct jobs an average annualized wage which equals or

exceeds one hundred twenty-five percent (125%) of the average county

wage as that percentage is determined by the Oklahoma Department of

Commerce based upon the most recent U.S. Department of Commerce data

for the county in which the new jobs are located. For purposes of

this paragraph, healthcare premiums paid by the applicant for

individuals in new direct jobs shall not be included in the

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1371

annualized wage. Such establishment entering the Oklahoma Quality

Jobs Program Act as the result of a change-in-control event shall be

required to retain the contracted average annualized wage and

maintain the contracted maintenance level of new direct jobs numbers

as certified by the Tax Commission. If the required average

annualized wage or the required new direct jobs numbers do not equal

or exceed such contracted level during any quarter, the quarterly

incentive payments shall not be made and shall not be resumed until

such time as such requirements are met. An establishment described

in this paragraph shall be required to repay all incentive payments

received under the Oklahoma Quality Jobs Program Act if the

establishment is determined by the Tax Commission to no longer have

business operations in the state within three (3) years from the

beginning of the calendar quarter for which the first incentive

payment claim is filed;

3. “New direct job”:

a. means full-time-equivalent employment in this state in

an establishment which has qualified to receive an

incentive payment pursuant to the provisions of the

Oklahoma Quality Jobs Program Act which employment did

not exist in this state prior to the date of approval

by the Department of the application of the

establishment pursuant to the provisions of Section

3604 of this title and with respect to an

establishment qualifying for incentive payments

pursuant to division (12) of subparagraph a of

paragraph 1 of this subsection shall not include

compensation paid to an employee or independent

contractor for an athletic contest conducted in the

state if the compensation is paid by an entity that

does not have its principal place of business in the

state or that does not own real or personal property

having a market value of at least One Million Dollars

($1,000,000.00) located in the state, and the

employees or independent contractors of such entity

are compensated to compete against the employees or

independent contractors of an establishment that

qualifies for incentive payments pursuant to division

(12) of subparagraph a of paragraph 1 of this

subsection and which is organized under Oklahoma law

or that is lawfully registered to do business in the

state and which does have its principal place of

business located in the state and owns real or

personal property having a market value of at least

One Million Dollars ($1,000,000.00) located in the

state; provided, that if an application of an

establishment is approved by the Oklahoma Department

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1372

of Commerce after a change-in-control event and the

Director of the Oklahoma Department of Commerce

determines that the jobs located at such establishment

are likely to leave the state, “new direct job” shall

include employment that existed in this state prior to

the date of application which is retained in this

state by the new establishment following a change in

control event, if such job otherwise qualifies as a

new direct job, and

b. shall include full-time-equivalent employment in this

state of employees who are employed by an employment

agency or similar entity other than the establishment

which has qualified to receive an incentive payment

and who are leased or otherwise provided under

contract to the qualified establishment, if such job

did not exist in this state prior to the date of

approval by the Department of the application of the

establishment or the job otherwise qualifies as a new

direct job following a change-in-control event. The

leasing of employees by the establishment or employees

provided under contract with an establishment shall

constitute an employer-employee relationship between

those employees and the establishment. A job shall be

deemed to exist in this state prior to approval of an

application if the activities and functions for which

the particular job exists have been ongoing at any

time within six (6) months prior to such approval.

With respect to establishments defined in division

(10) of subparagraph a of paragraph 1 of this

subsection, new direct jobs shall be limited to those

jobs directly comprising the corporate headquarters of

or directly relating to manufacturing, maintenance,

administrative, financial, engineering, surveying,

geological or geophysical services performed by the

establishment. Under no circumstances shall

employment relating to field services be considered

new direct jobs;

4. “Estimated direct state benefits” means the tax revenues

projected by the Department to accrue to the state as a result of

new direct jobs;

5. “Estimated direct state costs” means the costs projected by

the Department to accrue to the state as a result of new direct

jobs. Such costs shall include, but not be limited to:

a. the costs of education of new state resident children,

b. the costs of public health, public safety and

transportation services to be provided to new state

residents,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1373

c. the costs of other state services to be provided to

new state residents, and

d. the costs of other state services;

6. “Estimated net direct state benefits” means the estimated

direct state benefits less the estimated direct state costs;

7. “Net benefit rate” means the estimated net direct state

benefits computed as a percentage of gross payroll; provided:

a. except as otherwise provided in this paragraph, the

net benefit rate may be variable and shall not exceed

five percent (5%),

b. the net benefit rate shall not exceed six percent (6%)

in connection with an establishment which is owned and

operated by an entity which has been awarded a United

States Department of Defense contract for which:

(1) bids were solicited and accepted by the United

States Department of Defense from facilities

located outside this state,

(2) the term is or is renewable for not less than

twenty (20) years, and

(3) the average annual salary, excluding benefits

which are not subject to Oklahoma income taxes,

for new direct jobs created as a direct result of

the awarding of the contract is projected by the

Oklahoma Department of Commerce to equal or

exceed Forty Thousand Dollars ($40,000.00) within

three (3) years of the date of the first

incentive payment,

c. except as otherwise provided in subparagraph d of this

paragraph, in no event shall incentive payments,

cumulatively, exceed the estimated net direct state

benefits,

d. the net benefit rate shall be five percent (5%) for an

establishment locating:

(1) in an opportunity zone located in a high-

employment county, as such terms are defined in

subsection G of Section 3604 of this title, or

(2) in a county in which:

(a) the per capita personal income, as

determined by the Department, is eighty-five

percent (85%) or less of the statewide

average per capita personal income,

(b) the population has decreased over the

previous ten (10) years, as determined by

the Oklahoma Department of Commerce based on

the most recent U.S. Department of Commerce

data, or

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1374

(c) the unemployment rate exceeds the lesser of

five percent (5%) or two percentage points

above the state average unemployment rate as

certified by the Oklahoma Employment

Security Commission,

e. the net benefit rate shall not exceed six percent (6%)

in connection with an establishment which:

(1) is, as of the date of application, receiving

incentive payments pursuant to the Oklahoma

Quality Jobs Program Act and has been receiving

such payments for at least one (1) year prior to

the date of application, and

(2) expands its operations in this state by creating

additional new direct jobs which pay average

annualized wages which equal or exceed one

hundred fifty percent (150%) of the average

annualized wages of new direct jobs on which

incentive payments were received during the

preceding calendar year,

f. with respect to an establishment defined or classified

in the NAICS Manual under U.S. Industry No. 711211

(2007 version) or any establishment defined or

classified in the NAICS Manual as a U.S. Industry

Number which is not included within the definition of

“basic industry” as such term is defined in this

section on April 17, 2008, the net benefit rate shall

not exceed the highest rate of income tax imposed upon

the Oklahoma taxable income of individuals pursuant to

subparagraph (g) or subparagraph (h), as applicable,

of paragraph 1 and paragraph 2 of subsection B of

Section 2355 of this title. Any change in such

highest rate of individual income tax imposed pursuant

to the provisions of Section 2355 of this title shall

be applicable to the computation of incentive payments

to an establishment as described by this subparagraph

and shall be effective for purposes of incentive

payments based on payroll paid by such establishment

on or after January 1 of any applicable year for which

the net benefit rate is modified as required by this

subparagraph, and

g. the net benefit rate shall not exceed six percent (6%)

in connection with an establishment which employs

United States military veterans in at least ten

percent (10%) of its gross payroll. The net benefit

rate for an establishment which employs United States

military veterans in at least ten percent (10%) of its

payroll shall not be lower than five percent (5%).

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1375

Incentive payments made pursuant to the provisions of this

subparagraph shall be based upon payroll associated with such new

direct jobs. For purposes of this subparagraph, the amount of

health insurance premiums or other benefits paid by the

establishment shall not be included for purposes of computation of

the average annualized wage;

8. “Gross payroll” means wages, as defined in Section 2385.1 of

this title for new direct jobs;

9. a. “Establishment” means any business or governmental

entity, no matter what legal form, including, but not

limited to, a sole proprietorship; partnership;

limited liability company; corporation or combination

of corporations which have a central parent

corporation which makes corporate management decisions

such as those involving consolidation, acquisition,

merger or expansion; federal agency; political

subdivision of the State of Oklahoma; or trust

authority; provided, distinct, identifiable subunits

of such entities may be determined to be an

establishment, for all purposes of the Oklahoma

Quality Jobs Program Act, by the Department subject to

the following conditions:

(1) within three (3) years of the first complete

calendar quarter following the start date, the

entity must have a minimum payroll of Two Million

Five Hundred Thousand Dollars ($2,500,000.00) and

the subunit must also have or will have a minimum

payroll of Two Million Five Hundred Thousand

Dollars ($2,500,000.00),

(2) the subunit is engaged in an activity or service

or produces a product which is demonstratively

independent and separate from the entity’s other

activities, services or products and could be

conducted or produced in the absence of any other

activity, service or production of the entity,

(3) has an accounting system capable of tracking or

facilitating an audit of the subunit’s payroll,

expenses, revenue and production. Limited

interunit overlap of administrative and

purchasing functions shall not disqualify a

subunit from consideration as an establishment by

the Department,

(4) the entity has not previously had a subunit

determined to be an establishment pursuant to

this section; provided, the restriction set forth

in this division shall not apply to subunits

which qualify pursuant to the provisions of

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1376

subparagraph b of paragraph 7 of this subsection,

and

(5) it is determined by the Department that the

entity will have a probable net gain in total

employment within the incentive period.

b. The Department may promulgate rules to further limit

the circumstances under which a subunit may be

considered an establishment. The Department shall

promulgate rules to determine whether a subunit of an

entity achieves a net gain in total employment. The

Department shall establish criteria for determining

the period of time within which such gain must be

demonstrated and a method for determining net gain in

total employment;

10. “NAICS Manual” means any manual, book or other publication

containing the North American Industry Classification System, United

States, 1997, promulgated by the Office of Management and Budget of

the United States of America, or the latest revised edition;

11. “Qualified federal contract” means a contract between an

agency or instrumentality of the United States government, including

but not limited to the Department of Defense or any branch of the

United States Armed Forces, but exclusive of any contract performed

for the Federal Emergency Management Agency as a direct result of a

natural disaster declared by the Governor or the President of the

United States with respect to damage to property located in Oklahoma

or loss of life or personal injury to persons in Oklahoma, and a

lawfully recognized business entity, whether or not the business

entity is organized under the laws of the State of Oklahoma or

whether or not the principal place of business of the business

entity is located within the State of Oklahoma, for the performance

of services, including but not limited to testing, research,

development, consulting or other services in a basic industry, if

the contract involves the performance of such services performed on

or after July 1, 2009, by the employees of the business entity

within the State of Oklahoma or if the contract involves the

performance of such services performed on or after July 1, 2009, by

employees of a lawfully recognized business entity that is a

subcontractor of the business entity with which the prime contract

has been formed. A qualified federal contract described in this

paragraph shall not qualify unless both the qualified federal

contractor and any subcontractors originally involved in the work or

added subsequently during the period of performance verify to the

qualified federal contractor verifier that it offers, or will offer

within one hundred eighty (180) days of employment of its respective

employees, a basic health benefits plan as described in subparagraph

b of paragraph 1 of this subsection to individuals who perform

qualified labor hours in this state;

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1377

12. “Qualified federal contractor verifier” means a nonprofit

entity organized under the laws of the State of Oklahoma, having an

affiliation with a comprehensive university which is part of The

Oklahoma State System of Higher Education, and having the following

characteristics:

a. established multiyear classified and unclassified

indefinite-delivery/indefinite-quantity federal

contract vehicles in excess of Fifty Million Dollars

($50,000,000.00),

b. current capability to sponsor and maintain personnel

security clearances and authorized by the federal

government to handle and perform classified work up to

the Top Secret Sensitive Compartmented Information

levels,

c. at least one on-site federally certified Sensitive

Compartmented Information Facility,

d. on-site secure mass data storage complex with the

capability of isolating, segregating and protecting

corporate proprietary and classified information,

e. trusted agent status by maintaining no ownership of,

vested interest in, nor royalty production from any

intellectual property,

f. at least one hundred thousand (100,000) square feet of

configurable laboratory and support space,

g. the direct access to restricted air space through a

formalized memorandum of agreement with the Department

of Defense,

h. at least five thousand (5,000) acres available for

outdoor testing and training facilities, and

i. the ability to house state-of-the-art surety

facilities, including chemical, biological,

radiological, explosives, electronics, and unmanned

systems laboratories and ranges;

13. “SIC Manual” means the 1987 revision to the Standard

Industrial Classification Manual, promulgated by the Office of

Management and Budget of the United States of America;

14. “Start date” means the date on which an establishment may

begin accruing benefits for the creation of new direct jobs, which

date shall be determined by the Department;

15. “Effective date” means the date of approval of a contract

under which incentive payments will be made pursuant to the Oklahoma

Quality Jobs Program Act, which shall be the date the signed and

accepted incentive contract is received by the Department; provided,

an approved project may have a start date which is different from

the effective date;

16. “Total qualified labor hours” means the reimbursed payment

amount for hours of work performed by the State of Oklahoma

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1378

workforce of a qualified federal contractor or the State of Oklahoma

workforce of a subcontractor of a qualified federal contractor and

which are required for the full performance of a qualified federal

contract;

17. “Qualified labor rate” means the fully reimbursed labor

rate paid through a qualified federal contract for qualified labor

hours to the qualified federal contractor or subcontractor;

18. “Qualified federal contractor” means a business entity:

a. maintaining a prime contract with the federal

government as defined in paragraph 11 of this

subsection,

b. providing notice of intent to apply to the Department

within one hundred eighty (180) days of July 1, 2010,

or one hundred eighty (180) days of the date of the

award of a qualified federal contract or award of a

new qualified subcontract under an existing qualified

federal contract, and

c. adding substantively to the contract by performing at

least eight percent (8%) of the total labor whether

qualified and nonqualified labor as determined by the

federal contractor verifier on a direct contract or

individual task order or delivery order on an

indefinite-delivery/indefinite-quantity or other

blanket contract vehicle.

Should a prime contractor provide notice to the Department of

its intent not to apply for incentive for a qualified federal

contract or fails to qualify under the criteria above,

subcontractors in order of tier ranking as determined by the federal

contract verifier may assume the role of the prime and apply to

become a qualified federal contractor provided the entity meets the

same criteria above with the exception that notice of intent to

apply with the Department must be provided within sixty (60) days of

the prime’s disqualification or one hundred eighty (180) days of the

award of its subcontract, whichever is later; and

19. “Proxy establishment” means a public trust which:

a. is organized and existing under Section 176 of Title

60 of the Oklahoma Statutes for the benefit of a

geographic area which includes a city or county or

some combination thereof, and

b. benefits a geographic area where new direct jobs which

meet the requirements of the Oklahoma Quality Jobs

Program Act are created by an establishment, other

than the proxy establishment, which is a branch of the

Armed Forces of the United States.

A proxy establishment may be determined to be an establishment

for all purposes of the Oklahoma Quality Jobs Program Act by the

Department and incentive payments may be made to such proxy

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1379

establishment for new direct jobs otherwise qualified pursuant to

the Oklahoma Quality Jobs Program Act. The Department may

promulgate rules to further specify the circumstances under which a

proxy establishment may be considered an establishment for the

purposes of making application for incentive payments pursuant to

the Oklahoma Quality Jobs Program Act. Provided however, that with

respect to any data on qualifying direct new jobs from a branch of

the Armed Forces of the United States, such rules shall only require

a proxy establishment to provide such data as would otherwise be

publicly releasable by the branch of the Armed Forces of the United

States.

B. The Incentive Approval Committee is hereby created and shall

consist of the Director of the Office of Management and Enterprise

Services, the Director of the Department and one member of the

Oklahoma Tax Commission appointed by the Tax Commission, or a

designee from each agency approved by such member. It shall be the

duty of the Committee to determine the eligibility of all applicants

for the Oklahoma Quality Jobs Program Act, subject to the applicable

requirements.

C. For an establishment defined as a “basic industry” pursuant

to division (4) of subparagraph a of paragraph 1 of subsection A of

this section, the Incentive Approval Committee shall consist of the

members provided by subsection B of this section and the Executive

Director of the Oklahoma Center for the Advancement of Science and

Technology, or a designee from the Center appointed by the Executive

Director.
Okla. Stat. tit. 68, § 68-1354.11 — OK Code / Title 68 / Section 68-1354.11
Streamlined Sales Tax System Act - Confidential
Status: in_force

taxpayer information.

Return information submitted to any party or parties acting for

and on behalf of the state shall be treated as confidential taxpayer

information. Disclosure of confidential taxpayer information

necessary under Sections 10 and 11 of this act shall be pursuant to

a written agreement between the Oklahoma Tax Commission and the

party or parties. Such party or parties shall be bound by the same

requirements of confidentiality as the Tax Commission pursuant to

the provisions of Section 205 of Title 68 of the Oklahoma Statutes.
Okla. Stat. tit. 68, § 68-2355.1P-1 — OK Code / Title 68 / Section 68-2355.1P-1
Short title - Pass-Through Entity Tax Equity Act of
Status: in_force

2019.

Sections 1 through 9 of this act shall be known and may be cited

as the "Pass-Through Entity Tax Equity Act of 2019".
Okla. Stat. tit. 68, § 68-3009 — OK Code / Title 68 / Section 68-3009
Sinking fund - Building fund and General fund
Status: in_force

requirements - Special Budget Accounts - Departmentalization and

itemization.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1302

The county excise board shall comply with the following:

(a) Provision and levy for the sinking funds of any municipality

shall be made in strict conformity to the special statute therefor

(62 O.S.1961, Section 431): but no surplus shall be disclosed or

computed in any sinking fund account except it be in cash and

investments actually on hand in excess of all accrual liabilities,

whether collections exceed anticipations or not.

(b) Building fund appropriations and levies under Section X,

Article 10, Oklahoma Constitution, shall be computed by the same

formula and subject to the same defenses as general funds, but need

be itemized only as to the amount needed for construction of new

buildings, remodeling or repairing buildings, and purchasing

furniture, and for a reserve for interest on warrant issues

according to statute.

(c) The general fund shall comprehend and include all

appropriations and expenditures financed from levy of ad valorem tax

under any of the provisions of Section 9, Article X, Oklahoma

Constitution, and all revenues from sources other than ad valorem

taxation except the proceeds derived from the sale of bonds and

those revenues specifically required by law to be deposited into the

sinking fund, the building or replacement funds, or in cash funds,

or in any other fund or funds so specifically denominated by

statute. If a portion of the ad valorem levies under said Section 9,

Article 10, Oklahoma Constitution, and specific revenues from other

sources, be required by law to be devoted to a special purpose,

other than those specifically required to be accounted for in cash

funds, such special purpose shall be provided for by a special

budget account within the general fund, distinguished from the

governmental budget account, and assigned such appropriation account

or accounts as will accomplish such special purpose and include sums

at least equivalent to the net estimate of revenues or levy thus

specially applied. As to counties, cities, and towns, except as

hereinafter provided, the governmental budget account shall be

departmentalized, and the appropriations made for the use of each

separate office, board, commission or department shall be stated in

separate items, and no appropriation shall be available for the use

of more than one office, board, commission or department; and the

appropriations so made for the use of each such separate office,

board, commission or department, or for any special function of

either of them, of the several municipalities, including the general

fund appropriations of municipalities not so departmentalized, shall

not be increased or diminished after such appropriations become

final, except in the manner provided by law (Section 24101 of this

Code), or by order of a court of competent jurisdiction.
Okla. Stat. tit. 68, § 68-225 — OK Code / Title 68 / Section 68-225
Appeals
Status: in_force

A. Any taxpayer aggrieved by any order, ruling, or finding of

the Oklahoma Tax Commission directly affecting the taxpayer or

aggrieved by a final order of the Tax Commission issued pursuant to

subsection G of Section 221 of this title may appeal therefrom

directly to the Supreme Court of Oklahoma. Provided, any taxpayer

appealing from a final order of the Tax Commission assessing a tax

or an additional tax or denial of a claim for refund may opt to file

an appeal in district court as provided in subsection D of this

section.

B. Within thirty (30) days after the date of mailing to the

taxpayer of the order, ruling, or finding complained of, the

taxpayer desiring to appeal shall:

1. File a petition in error in the office of the Clerk of the

Supreme Court; and

2. Request that the Tax Commission prepare for filing with the

Supreme Court, within thirty (30) days, the record of the appeal,

certified by the Secretary of the Tax Commission, and consisting of

any citations, findings, judgments, motions, orders, pleadings and

rulings, together with a transcript of all evidence introduced at

any hearing relative thereto, or such portion of such citations,

findings, judgments, motions, orders, pleadings, rulings, and

evidence as the appealing parties and the Tax Commission may agree

to be sufficient to present fully to the Court the questions

involved.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 102

C. Upon request of the taxpayer, the Tax Commission shall

furnish the taxpayer a copy of the proceedings had in connection

with the matter complained of.

D. In lieu of an appeal to the Supreme Court, any taxpayer

aggrieved by a final order of the Tax Commission assessing a tax or

an additional tax or denial of a claim for refund may opt to file an

appeal for a trial de novo in the district court of Oklahoma County

or the county in which the taxpayer resides. If the amount in

dispute exceeds Ten Thousand Dollars ($10,000.00), the appeal shall

be heard by a district or associate district judge sitting without a

jury. If the amount in dispute does not exceed Ten Thousand Dollars

($10,000.00), the appeal may be heard by a special judge sitting

without a jury. An order resulting from a trial provided pursuant

to this subsection shall be appealable directly to the Supreme Court

of Oklahoma by either party. Such appeal shall be taken in the

manner and time provided by law for appeal to the Supreme Court from

the district court in civil actions. Upon the filing of an appeal,

the order of the district court shall be superseded and neither

party shall be required to give bond. The provisions of this

subsection shall be applicable for tax periods beginning after

January 1, 2014. Provided, if the order applies to multiple tax

periods which begin before and after January 1, 2014, the appeal

provided by this subsection shall be available to the aggrieved

taxpayer.

E. If the appeal is from an order of the Tax Commission or a

district court denying a refund of taxes previously paid and if upon

final determination of the appeal, the order denying the refund is

reversed or modified, the taxes previously paid, together with

interest thereon from the date of the filing of the petition in

error at the rate provided in subsection A of Section 217 of this

title, shall be refunded to the taxpayer by the Tax Commission.

F. Such refunds and interest thereon shall be paid by the Tax

Commission out of monies in the Tax Commission clearing account from

subsequent collections from the same source as the original tax

assessment, provided that in the event there are insufficient funds

for refunds from subsequent collections from the same source, the

refund shall be paid by the Tax Commission from monies appropriated

by the Legislature to the special refund reserve account for such

purposes as hereinafter provided. There is hereby created within

the official depository of the State Treasury an agency special

account for the Tax Commission for the purpose of making such

refunds as may be required under this section, not otherwise

provided. This account shall consist of monies appropriated by the

Legislature for the purpose of making refunds under this section.

G. If the appeal be from an order, judgment, finding, or ruling

of the Tax Commission other than one assessing a tax and from which

a right of appeal is not otherwise specifically provided for in this

Oklahoma Statutes - Title 68. Revenue and Taxation Page 103

article, the Uniform Tax Procedure Code, any aggrieved taxpayer may

appeal from that order, judgment, finding, or ruling as provided in

this section. The filing of such an appeal shall supersede the

effect of such order, judgment, ruling, or finding of the Tax

Commission.

H. This section shall be construed to provide to the taxpayer a

legal remedy by action at law in any case where a tax, or the method

of collection or enforcement thereof, or any order, ruling, finding,

or judgment of the Tax Commission is complained of, or is sought to

be enjoined in any action in any court of this state or the United

States of America.

I. All hearings held in proceedings pursuant to this section

shall be confidential and shall be held in closed court without

admittance of any person other than interested parties, their

counsel, and employees of the Oklahoma Tax Commission and its

counsel. Information designated by a party as confidential that is

filed with or submitted to the Supreme Court or district court in

conjunction with any proceeding pursuant to this section shall not

constitute a public record and shall be sealed by the court. Any

party seeking to file confidential materials shall place the

materials in a sealed manila envelope clearly marked with the

caption and case number, the word “CONFIDENTIAL”, and a reference to

this section of the Oklahoma Statutes.
Okla. Stat. tit. 68, § 68-2105 — OK Code / Title 68 / Section 68-2105
Exemptions
Status: in_force

Oklahoma Statutes - Title 68. Revenue and Taxation Page 722

An original or a transfer certificate of title shall be issued

without the payment of the excise tax levied by Section 2101 et seq.

of this title for:

1. Any vehicle owned by a nonresident person who operates

principally in some other state but who is in Oklahoma only

occasionally;

2. Any vehicle brought into this state by a person formerly

living in another state, who has owned and registered the vehicle in

such other state of residence at least sixty (60) days prior to the

time it is required to be registered in this state; provided,

however, this paragraph shall not apply to businesses engaged in

renting cars without a driver;

3. Any vehicle registered by this state, by any of the

political subdivisions thereof, or by a fire department organized

pursuant to Section 592 of Title 18 of the Oklahoma Statutes to be

used for the purposes of the fire department, or a vehicle which is

the subject of a lease or lease-purchase agreement executed between

the person seeking an original or transfer certificate of title for

the vehicle and a municipality, county, school district, or fire

protection district. The person seeking an original or transfer

certificate of title shall provide adequate proof that the vehicle

is subject to a lease or lease-purchase agreement with a

municipality, county, school district, or fire protection district

at the time the excise tax levied would otherwise be payable.

Service Oklahoma shall have the authority to determine what

constitutes adequate proof as required by this section;

4. Any vehicle, the legal ownership of which is obtained by the

applicant for a certificate of title by inheritance. For the

purposes of this section, "inheritance" means any transfer from a

deceased individual to the direct successor in interest of the

decedent without consideration, whether through probate,

administration, inter vivos trust, transfer-on-death designation, or

joint ownership;

5. Any used motor vehicle, travel trailer, or commercial

trailer which is owned and being offered for sale by a person

licensed as a dealer to sell the same, under the provisions of the

Oklahoma Vehicle License and Registration Act:

a. if such vehicle, travel trailer, or commercial trailer

has been registered in Oklahoma and the excise tax

paid thereon, or

b. when such vehicle, travel trailer, or commercial

trailer has been registered in some other state but is

not the latest manufactured model.

Provided, the provisions of this paragraph shall not be

construed as allowing an exemption to any person not licensed as a

dealer of used motor vehicles, travel trailers, or commercial

Oklahoma Statutes - Title 68. Revenue and Taxation Page 723

trailers, or as an automotive dismantler and parts recycler in this

state;

6. Any vehicle which was purchased by a person licensed to sell

new or used motor vehicles in another state if:

a. such vehicle is not purchased for operation or resale

in this state, and

b. the state from which the dealer is licensed offers

reciprocal privileges to a dealer licensed in this

state, pursuant to a reciprocal agreement between the

duly authorized agent of Service Oklahoma and the

licensing state;

7. Any vehicle, the ownership of which was obtained by the

lienholder or mortgagee under or by foreclosure of a lien or

mortgage in the manner provided by law or to the insurer under

subrogated rights arising by reason of loss under an insurance

contract;

8. Any vehicle which is taxed on an ad valorem basis;

9. Any vehicle or motor vehicle, the legal ownership of which

is obtained by transfers:

a. from one corporation to another corporation pursuant

to a reorganization. As used in this subparagraph,

the term "reorganization" means:

(1) a statutory merger or consolidation, or

(2) the acquisition by a corporation of substantially

all of the properties of another corporation when

the consideration is solely all or a part of the

voting stock of the acquiring corporation, or of

its parent or subsidiary corporation,

b. in connection with the winding up, dissolution, or

liquidation of a corporation only when there is a

distribution in kind to the shareholders of the

property of such corporation,

c. to a corporation where the former owners of the

vehicle or motor vehicle transferred are, immediately

after the transfer, in control of the corporation, and

the stock or securities received by each is

substantially in proportion to the interest in the

vehicle or motor vehicle prior to the transfer,

d. to a partnership if the former owners of the vehicle

or motor vehicle transferred are, immediately after

the transfer, members of such partnership and the

interest in the partnership received by each is

substantially in proportion to the interest in the

vehicle or motor vehicle prior to the transfer,

e. from a partnership to the members thereof when made in

the dissolution of such partnership,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 724

f. to a limited liability company if the former owners of

the vehicle or motor vehicle transferred are,

immediately after the transfer, members of the limited

liability company and the interest in the limited

liability company received by each is substantially in

proportion to the interest in the vehicle or motor

vehicle prior to the transfer, or

g. from a limited liability company to the members

thereof when made in the dissolution of such

partnership;

10. Any vehicle which is purchased by a person to be used by a

business engaged in renting motor vehicles without a driver,

provided:

a. the vehicle shall not be rented to the same person for

a period exceeding ninety (90) days,

b. any such vehicle exempted from the excise tax by these

provisions shall not be placed under any type of lease

agreement,

c. on any such vehicle exempted from the excise tax by

this paragraph that is reregistered in this state,

without a prior sale or transfer to the persons

specified in divisions (1) and (2) of this

subparagraph, at any time prior to the expiration of

twelve (12) months from the date of issuance of the

original title, the seller shall pay immediately the

amount of excise tax which would have been due had

this exemption not been granted plus a penalty of

twenty percent (20%). No such excise tax or penalty

shall become due and payable if the vehicle is sold or

transferred in a condition either physical or

mechanical which would render it eligible for a

salvage title pursuant to law or if the vehicle is

sold and transferred in this state at any time prior

to the expiration of twelve (12) months:

(1) to the manufacturer of the vehicle or its

controlled financing arm, or

(2) to a factory authorized franchised new motor

vehicle dealer which holds a franchise of the

same line-make of the vehicle being purchased, or

d. when this exemption is claimed, Service Oklahoma shall

issue a special title which shall restrict the

transfer of the title only within this state prior to

the expiration of twelve (12) months unless:

(1) payment of the excise tax plus penalty as

provided in this section is made,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 725

(2) the sale is made to a person specified in

division (1) or (2) of subparagraph c of this

paragraph, or

(3) the vehicle is eligible for a salvage title.

For all other tax purposes vehicles herein exempted shall be

treated as though the excise tax has been paid;

11. Any vehicle of the latest manufactured model, registered

from a title in the name of the original manufacturer or assigned to

the original manufacturer and issued by any state and transferred to

a licensed, franchised Oklahoma motor vehicle dealer, as defined by

Section 1102 of Title 47 of the Oklahoma Statutes, which holds a

franchise of the same line-make as the vehicle being registered;

12. Any new motor vehicle, registered in the name of a

manufacturer or dealer of new motor vehicles, for which a license

plate has been issued pursuant to Section 1116.1 of Title 47 of the

Oklahoma Statutes, if such vehicle is authorized by the manufacturer

or dealer for personal use by an individual. The authorization for

such use shall not exceed four (4) months which shall not be renewed

or the exemption provided by this paragraph shall not be applicable.

The exemption provided by this paragraph shall not be applicable to

a transfer of ownership or registration subsequent to the first

registration of the vehicle by a manufacturer or dealer;

13. Any vehicle, travel trailer, or commercial trailer of the

latest manufacturer model purchased by a franchised Oklahoma dealer

licensed to sell the same which holds a franchise of the same line-

make as the vehicle, travel trailer, or commercial trailer being

registered;

14. Any vehicle which is the subject of a lease or lease-

purchase agreement and which the ownership of such vehicle is being

obtained by the lessee, if the vehicle excise tax was paid at the

time of the initial lease or lease-purchase agreement;

15. Any vehicle which:

a. is purchased by a private, nonprofit organization

which is exempt from taxation pursuant to the

provisions of Section 501(c)(3) of the Internal

Revenue Code, 26 U.S.C., Section 501(c)(3), and which

is primarily funded by a fraternal or civic service

organization with at least one hundred local chapters

or clubs, and

b. is designed and used to provide mobile health

screening services to the general public at no cost to

the recipient, and for which no reimbursement of any

kind is received from any health insurance provider,

health maintenance organization, or governmental

program;

16. Any vehicle which is purchased by an individual who has

been honorably discharged from active service in any branch of the

Oklahoma Statutes - Title 68. Revenue and Taxation Page 726

Armed Forces of the United States or Oklahoma National Guard and who

has been certified by the United States Department of Veterans

Affairs, its successor, or the Armed Forces of the United States to

be a disabled veteran in receipt of compensation at the one-hundred-

percent rate for a permanent disability sustained through military

action or accident resulting from disease contracted while in such

active service and registered with the veterans registry created by

the Oklahoma Department of Veterans Affairs; provided, that if the

veteran has previously received exemption pursuant to this

paragraph, no registration with the veterans registry shall be

required. This exemption may not be claimed by an individual for

more than one vehicle in a consecutive three-year period, unless the

vehicle is a replacement for a vehicle which was destroyed and

declared by the insurer to be a total loss claim. Service Oklahoma

shall promulgate any rules necessary to implement the provisions of

this section; or

17. Any vehicle on which ownership is transferred by a

repossessor directly back to the owner or owners from whom the

vehicle was repossessed; provided, ownership shall be assigned by

the repossessor within thirty (30) days of issuance of the

repossession title and shall be identical to that reflected in the

vehicle title record immediately prior to the repossession.
Okla. Stat. tit. 68, § 68-6503 — OK Code / Title 68 / Section 68-6503
Tax purpose
Status: in_force

Pursuant to the requirement of Section 19 of Article X of the

Oklahoma Constitution, the purpose of the tax imposed pursuant to

the provisions of this act is to provide revenue for general

government expenditures.
Okla. Stat. tit. 68, § 68-3656 — OK Code / Title 68 / Section 68-3656
Use of Credit Enhancement Reserve Fund for issuance of
Status: in_force

obligations.

A. The Oklahoma Development Finance Authority may use the

Credit Enhancement Reserve Fund in order to obtain favorable

financing terms for the issuance of obligations authorized by

Section 3654 of this title. The commitment from the Credit

Enhancement Reserve Fund for any such obligations shall not exceed

Ten Million Dollars ($10,000,000.00).

B. For purposes of the issuance authorized by Section 3654 of

this title, the provisions of Section 5063.4c of Title 74 of the

Oklahoma Statutes shall not be applicable.
Okla. Stat. tit. 68, § 68-24302.6 — OK Code / Title 68 / Section 68-24302.6
Renumbered as § 3402 of this title by Laws 1988, c
Status: in_force

162, § 162, eff. Jan. 1, 1992 and Laws 1991, c. 249, § 2, eff. Jan.

1, 1992.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1537
Okla. Stat. tit. 68, § 68-2901 — OK Code / Title 68 / Section 68-2901
Homestead exemption - Situs of taxpayer
Status: in_force

The claiming of a homestead exemption as provided by the Ad

Valorem Tax Code shall thereby fix the situs of such taxpayer in

this state for all income, estate and other taxes levied by the

State of Oklahoma.
Okla. Stat. tit. 68, § 68-4107 — OK Code / Title 68 / Section 68-4107
Eligibility to receive other credits or exemptions
Status: in_force

Notwithstanding any other provision of law, if a qualified

establishment receives an investment payment pursuant to the

provisions of this act, neither the qualified establishment nor its

contractors or subcontractors shall be eligible to receive the

credits or exemptions provided for in the following provisions of

law in connection with the activity for which the investment payment

was received:

1. Section 625.1 of Title 36 of the Oklahoma Statutes (premium

tax credits);

2. Paragraph 7 of Section 1359 of Title 68 of the Oklahoma

Statutes (construction materials sales tax refunds);

3. Section 2357.4 of Title 68 of the Oklahoma Statutes (new

jobs/investment income tax credits);

4. Section 2902 of Title 68 of the Oklahoma Statutes (state

reimbursement to communities for property tax exemptions to

manufacturers);

5. Section 3601 et seq. of Title 68 of the Oklahoma Statutes

(Oklahoma Quality Jobs Program Act);

6. Section 3651 et seq. of Title 68 of the Oklahoma Statutes

(Oklahoma Quality Jobs Incentive Leverage Act);

7. Section 3701 et seq. of Title 68 of the Oklahoma Statutes

(Saving Quality Jobs Act);

8. Section 3801 et seq. of Title 68 of the Oklahoma Statutes

(Former Military Facility Development Act); and

9. Section 3901 et seq. of Title 68 of the Oklahoma Statutes

(Small Employer Quality Jobs Incentive Act).
Okla. Stat. tit. 68, § 68-2358.5A — OK Code / Title 68 / Section 68-2358.5A
Obligations issued by state and certain state agencies
Status: in_force

exempt from taxation.

A. All bonds, notes, debentures, evidences of indebtedness,

lease purchase agreements, certificates of participation, commercial

paper, or other obligations issued by the State of Oklahoma, the

Oklahoma Capitol Improvement Authority, the Oklahoma Municipal Power

Authority, the Oklahoma Student Loan Authority, and the Oklahoma

Transportation Authority, the income therefrom, including, without

limitation, any profit made on the sale thereof, and the transfer

thereof, including, without limitation, estate or inheritance taxes,

shall at all times be free from taxation within this state.

B. The provisions of this section shall be supplemental to, and

not limiting or restrictive of, any law involving the taxation of

such obligations within the State of Oklahoma.
Okla. Stat. tit. 68, § 68-328 — OK Code / Title 68 / Section 68-328
Sales at less than cost; penalty
Status: in_force

a. It shall be unlawful for any retailer or wholesaler, with

intent to injure competitors or destroy or substantially lessen

competition, to advertise, offer to sell, or sell, at retail or

wholesale, cigarettes and tobacco products at less than cost to such

retailer or wholesaler, as the case may be. Any retailer or

wholesaler who violates the provisions of this section shall be

guilty of a misdemeanor and be punishable by fine of not more than

Five Hundred Dollars ($500.00).

b. Evidence of advertisement, offering to sell, or sale of

cigarettes and tobacco products by any retailer or wholesaler at

less than cost to him as defined in this act shall be prima facie

evidence of intent to injure competitors and to destroy or

substantially lessen competition.
Okla. Stat. tit. 68, § 68-3633 — OK Code / Title 68 / Section 68-3633
Incentive rebate program
Status: in_force

A. There is hereby created an incentive rebate program for

certain film projects and eligible television series projects filmed

or produced in Oklahoma who meet the requirements of this act.

B. The rebate program shall be administered by the Oklahoma

Department of Commerce and the Oklahoma Tax Commission.

C. By October 1 of each year, the Oklahoma Department of

Commerce shall submit an annual report to the Speaker of the House

of Representatives, the President Pro Tempore of the Senate, the

Chair of the Appropriations and Budget Committee of the House of

Representatives, the Chair of the Appropriations Committee of the

Senate and the Director of the Legislative Office of Fiscal

Transparency detailing the program and incentive rebate payments.

D. The Oklahoma Department of Commerce and the Oklahoma Tax

Commission may promulgate rules to implement the provisions of this

act.

E. To be eligible for a rebate payment a production company

shall:

1. Submit an application and documentation to the Oklahoma

Department of Commerce as required by the Department;

2. Have filed any Oklahoma tax returns and tax documents

required by law;

3. Provide evidence that all Oklahoma crew and local vendors

have been paid and that there are no pending liens against the

production company in this state;

4. Provide evidence of financing for production prior to the

commencement of principal photography;

5. Provide evidence of a certificate of general liability

insurance with a minimum coverage of One Million Dollars

($1,000,000.00) and a workers' compensation policy in compliance

with law, which shall include coverage of employer's liability;

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1406

6. Provide evidence, as required by the Department, that the

projects pursuant to this act are completed; and

7. The production company, or its payroll service provider,

shall withhold Oklahoma income tax at the highest percentage rate

found in the withholding statutes, on all payments to loan-out

companies for services performed in Oklahoma. The amounts so

withheld shall be allocated to the loan-out company's employees

based on the payments made to the loan-out company's employees for

services performed in Oklahoma. The loan-out company employees

performing services in Oklahoma shall be considered taxable and the

loan-out company shall be subject to income taxation in the taxable

year in which the loan-out company's employees perform services in

Oklahoma.

F. A production company shall not be eligible to receive both a

rebate payment pursuant to the provisions of this act and an

exemption from sales tax pursuant to the provisions of paragraph 23

of Section 1357 of Title 68 of the Oklahoma Statutes. If a

production company has received the exemption from sales taxes and

submits a claim for rebate pursuant to the provisions of this act,

the company shall be required to fully repay the amount of the

exemption to the Tax Commission. A claim for a rebate shall include

documentation from the Tax Commission that repayment has been made

as required in this subsection or shall include an affidavit from

the production company that the company has not received an

exemption from sales tax pursuant to the provisions of paragraph 23

of Section 1357 of Title 68 of the Oklahoma Statutes.

G. The Department of Commerce shall approve or disapprove all

claims for rebate and shall notify the Tax Commission subject to the

limitations set forth in Section 4 of this act. Upon notification

of approval from the Department, the Commission shall issue payment

for all approved claims from funds held in the Filmed in Oklahoma

Program Revolving Fund created pursuant to Section 9 of this act and

subject to the limitations set forth in Section 4 of this act. If

the amount of approved claims exceeds the balance of the revolving

fund, payments shall be made in the order the claims are approved by

the Department. If an approved claim is not paid in whole, the

unpaid claim or unpaid portion of the claim shall be paid upon the

availability of funds.
Okla. Stat. tit. 68, § 68-2902.5 — OK Code / Title 68 / Section 68-2902.5
Manufacturing facilities - Delay of exemption from ad
Status: in_force

valorem tax.

A. Notwithstanding any other provision of law, manufacturing

facilities applying for the exemption under Section 2902 of Title 68

of the Oklahoma Statutes on or after November 1, 2017, shall be

eligible to delay the five-year period of exemption from ad valorem

taxes following the expiration or termination of the ad valorem

exemption, abatement or other incentive provided through the tax

incentive district established pursuant to the Local Development

Act. For the purposes of this section, "exemption" shall mean the

exemption authorized by Section 6B of Article X of the Oklahoma

Constitution and Section 2902 of Title 68 of the Oklahoma Statutes.

B. In order to delay the exemption as provided in this section,

a manufacturing facility shall:

1. Create at least one hundred new jobs at the state index wage

provided for in paragraph 2 of subsection F of Section 3604 of Title

68 of the Oklahoma Statutes; and

2. Invest at least ten (10) times the investment cost in new

depreciable property required in paragraph 1 of subsection B of

Section 2902 of Title 68 of the Oklahoma Statutes.

C. The delay of the exemption shall not be available for any

job creation or investment of new depreciable property that occurred

prior to November 1, 2017, or the date of the creation of the tax

incentive district, whichever is later.

D. In order to delay the exemption, a tax incentive district

must be created pursuant to the Local Development Act and the

governing body established by the Local Development Act must notify

the Oklahoma Tax Commission and the Oklahoma Department of Commerce

at the time of applying for the exemption.

E. Prior to the investment and job creation activities required

pursuant to subsection B of this section commencing by the company

or companies in the tax incentive district, the governing body of

the tax incentive district shall notify the Oklahoma Department of

Commerce in writing of the creation of the tax incentive district.

The governing body of the tax incentive district shall provide to

the Oklahoma Department of Commerce the following information:

1. Company (or companies) name and contact information;

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1248

2. Complete description of the economic development activity

including projected new job creation, projected wages of the new

jobs, and planned investment in new depreciable property; and

3. Any other information requested by the Oklahoma Department

of Commerce.

The Oklahoma Department of Commerce, in conjunction with the

Oklahoma Tax Commission, shall conduct a fiscal and economic impact

of the proposed project. If the project has no adverse fiscal

impact and a positive economic impact, the project will be referred

to the Incentive Approval Committee created in subsection B of

Section 3603 of Title 68 of the Oklahoma Statutes for review of the

project. If the Incentive Approval Committee approves the project

for delay of the exemption, the Oklahoma Department of Commerce

shall prepare a contract between the Oklahoma Department of

Commerce, on behalf of the State of Oklahoma, and the company or

companies that will be awarded a delay of the exemption. Once the

contract is executed by the parties, the contract will be forwarded

to the Oklahoma Tax Commission. The Oklahoma Tax Commission shall

be responsible for monitoring the terms and conditions of the

contract between the Oklahoma Department of Commerce and the company

or companies that have been awarded a delay of the exemption.

F. If the application for an exemption is approved, the five-

year period of exemption from ad valorem taxes for any qualifying

manufacturing facility shall begin on January 1 following the

expiration or termination of the ad valorem exemption, abatement or

other incentive provided through the tax incentive district.

G. This section shall not apply to electric power generation

facilities. Electric power generation facilities shall not qualify

to delay the exemption from ad valorem taxes following the

expiration or termination of the ad valorem exemption, abatement or

other incentive provided through the tax incentive district pursuant

to the Local Development Act.
Okla. Stat. tit. 68, § 68-1625 — OK Code / Title 68 / Section 68-1625
License fees
Status: in_force

The following license fees shall be due and payable on or before

March 1 of each year to the Office of the State Fire Marshal. Any

licensed manufacturer, distributor or wholesaler permitted to sell

fireworks at wholesale or retail, pursuant to Section 1623 of this

title, may apply for a license.

1. A license fee of One Thousand Dollars ($1,000.00) annually

shall be charged for the license to do business within this state as

a manufacturer. Provided, no manufacturer's license shall be issued

without:

a. proof of inspection by the State Fire Marshal pursuant

to Section 1633 of this title, and

b. proof of workers' compensation coverage pursuant to

the provisions of Title 85 of the Oklahoma Statutes.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 686

2. A license fee of One Thousand Dollars ($1,000.00) annually

shall be charged for the license to do business within this state as

a distributor.

3. A license fee of Five Hundred Dollars ($500.00) annually

shall be charged for the license to do business within this state as

a wholesaler.

4. Any person operating a retail location where fireworks are

sold directly to the consumer shall be required to purchase a retail

fireworks license. The retail license fee shall be Ten Dollars

($10.00) annually and may be purchased from any licensed wholesaler,

manufacturer or distributor. These serially numbered licenses shall

be made available at any time to the licensed wholesalers,

manufacturers or distributors in books of twenty licenses to a book.

Retail licenses which are unsold may be exchanged for new licenses.

Any person purchasing a retail fireworks license pursuant to this

paragraph shall, at the time of purchasing such license, sign an

affidavit attesting to the fact that the name, mailing address and

telephone number of the purchaser as it appears on such license is

correct and that the purchaser operates a retail location where

fireworks are sold directly to the consumer. Said affidavit shall

be an integral but easily detachable part of the application form

for a retail fireworks license. Any person who signs said affidavit

as required by this paragraph when such person knows that it is not

true, upon conviction, shall be guilty of the felony of perjury, a

Class D3 felony offense, and shall be punished by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes.

Any person engaged in more than one of the licensed activities

provided in this section shall only pay one fee to be based on the

classification requiring the higher fee.
Okla. Stat. tit. 68, § 68-608 — OK Code / Title 68 / Section 68-608
Display of license - Operating vehicle without license -
Status: in_force

Penalties - Venue.

(a) Every person operating a motor vehicle on the highways of

this state as a Motor Fuel/Diesel Fuel Importer for Use must at all

times during such operation have displayed in the cab of such motor

vehicle, a copy of the Motor Fuel/Diesel Fuel Importer for Use

Oklahoma Statutes - Title 68. Revenue and Taxation Page 331

License which shall be subject to inspection at all times by

representatives of the Corporation Commission.

(b) Any person operating a motor vehicle on the highways of this

state, the operation of which is subject to the tax levied by this

article, without having obtained a Motor Fuel/Diesel Fuel Importer

for Use License as required by Section 607 of this title, shall be

guilty of a misdemeanor and, upon conviction, punished by a fine of

not more than One Thousand Dollars ($1,000.00), or by imprisonment

in the county jail for a period not exceeding one (1) year or both.

The venue for prosecutions arising under this section shall be in

the district court of any county in which such vehicle is being

operated.
Okla. Stat. tit. 68, § 68-24111 — OK Code / Title 68 / Section 68-24111
Renumbered as § 3031 of this title by Laws 1988, c. 162,
Status: in_force

§ 163, eff. Jan. 1, 1992 and Laws 1991, c. 249, § 3, eff. Jan. 1,

1992.
Okla. Stat. tit. 68, § 68-3504 — OK Code / Title 68 / Section 68-3504
Incentive payments - Amount - Application - Qualifications - Approval - Notice -
Status: in_force

Oklahoma Statutes - Title 68. Revenue and Taxation Page 35Qualifications - Approval - Notice - Additional information.

A. A political subdivision may receive quarterly incentive

payments from the Oklahoma Tax Commission pursuant to the provisions

of this act in an amount which shall be equal to the net benefit

rate multiplied by the actual gross payroll of new direct jobs for a

calendar quarter; provided, the total amount of such payments shall

not exceed the total net benefit.

B. In order to receive incentive payments pursuant to the

provisions of this act, a political subdivision shall apply to the

Oklahoma Department of Commerce. The application shall be on a form

prescribed by the Department and shall contain such information as

may be required by the Department.

C. The Department shall determine if the applicant is qualified

to receive incentive payments pursuant to the provisions of this act

and if so, conduct a cost/benefit analysis to determine the

estimated net direct state benefits and the net benefit rate and to

estimate the amount of gross payroll for the project term. In

conducting such cost/benefit analysis, the Department shall consider

quantitative factors, such as the anticipated level of new tax

revenues to the state along with the added cost to the state of

providing services, qualitative factors, and such other criteria as

deemed appropriate by the Department.

D. Upon approval of such an application, the Department shall

notify the Oklahoma Tax Commission and shall provide the Commission

with a copy of the application and the results of the cost/benefit

analysis. The Tax Commission may require the political subdivision

or the qualified federal facility to submit such additional

information as may be necessary to administer the provisions of this

act.
Okla. Stat. tit. 68, § 68-331 — OK Code / Title 68 / Section 68-331
Sales by a wholesaler to a sub-jobber
Status: in_force

When a wholesaler sells cigarettes and/or tobacco products to a

sub-jobber, the former shall use the basic cost of cigarettes and/or

tobacco products (which is the factory list, less all discounts

except customary discounts for cash, plus the full face value of any

stamps which may be required by any cigarette tax act of this State

now in effect or hereafter enacted) in making such sales. The sub-

jobber, upon resale to a retailer, shall be subject to the

provisions of Section 4 of this act.
Okla. Stat. tit. 68, § 68-2357.64 — OK Code / Title 68 / Section 68-2357.64
Annual report on qualified investments and financial statements to Commission -
Status: in_force

Annual written statement to investors - Required notification to Commission - Credit reporting andstatements to Commission - Annual written statement to investors -

Required notification to Commission - Credit reporting and report

filing systems.

A. Each qualified small business capital company shall file an

annual report with the Oklahoma Tax Commission no later than April

30 of each year which lists all qualified investments in or in

conjunction with such company which may qualify for the tax credit

allowed by Section 2357.62 or Section 2357.63 of this title. The

report shall state the amount of qualified investments in or in

conjunction with such company during the taxable year by persons,

partnerships or corporations and the social security number of such

person or the federal identification number of such partnership or

corporation making such qualified investments. The report shall

also include a schedule listing the type and amount of qualified

investment made by or in conjunction with the small business capital

company and such other information as the Tax Commission may

prescribe.

B. Each qualified small business capital company shall furnish

to each person, partnership or corporation which made a qualified

investment in or in conjunction with such company during the

preceding year a written statement showing the name of the small

business capital company, the name of the investor, the total amount

of qualified investment in or in conjunction with the company made

by such person, partnership or corporation, the amount of the

qualified investment which was subsequently invested by the capital

company in a small business venture, the date of such investment and

the name of the business venture invested in and such other

information as the Tax Commission may require. The statement shall

be attached to the income tax return or other applicable tax report

or return of such person, partnership or corporation in order to

qualify for the tax credit allowed by Section 2357.62 or Section

2357.63 of this title.

C. On or before April 30 of each year, the qualified small

business capital company shall provide to the Tax Commission a copy

of its annual financial statements, including documentation which

shall address, to the satisfaction of the Oklahoma Tax Commission,

the methods of operation and conduct of the business of the capital

Oklahoma Statutes - Title 68. Revenue and Taxation Page 845

company to determine whether the capital company is complying with

the terms of the Small Business Capital Formation Incentive Act and

any rules promulgated by the Tax Commission, including whether

qualified investments in Oklahoma small business ventures have been

made in the manner required by law. No credit shall be allowed for

an investment in a small business capital company unless the report

required by this subsection for the year in which the investment is

made is provided.

D. Qualified small business capital companies or any entity

making an investment in conjunction with investment by a qualified

small business capital company pursuant to Section 2357.63 of this

title must notify the Tax Commission within twenty (20) business

days if:

1. The investment in an Oklahoma small business venture is

transferred, withdrawn or otherwise returned; or

2. An occurrence upon which an investment is contingent has

taken place.

If the qualified investment is held in the Oklahoma small

business venture for less than five (5) years, the Tax Commission

shall revoke the verification of tax credits and take action to

recapture the tax credits pursuant to Section 11 of this act to the

extent such credits were authorized based upon an amount of

qualified investment that was transferred, withdrawn or otherwise

returned.

E. Any qualified small business capital company who refuses or

fails to comply with the provisions of this section or is hereafter

found guilty in a court of competent jurisdiction of any violation

of any Oklahoma tax law shall not be eligible to be a qualified

small business capital company for purposes of this act.

F. Any taxpayer who refuses or fails to comply with the

provisions of this section or is hereafter found guilty in a court

of competent jurisdiction of any violation of any Oklahoma tax law

shall not be eligible for the tax credits granted in Sections

2357.62 and 2357.63 of this title.

G. The Tax Commission is directed to immediately develop a

system for reporting of any income tax credits issued pursuant to

Sections 2357.62 and 2357.63 of this title and a system which

requires the filing of informational reports on how the qualified

investments were used, economic benchmarks achieved, implementation

of a business plan for the Oklahoma small business venture,

commercialization success, additional investments in the business by

other investors and job creation that has taken place.
Okla. Stat. tit. 68, § 68-2815 — OK Code / Title 68 / Section 68-2815
County assessor - Oath
Status: in_force

The county assessor shall take an oath that he will assess all

property as provided by law, and he shall maintain his office at the

county seat, which office shall be provided, furnished and

maintained as required by law.
Okla. Stat. tit. 68, § 68-1351 — OK Code / Title 68 / Section 68-1351
Intent
Status: in_force

It is hereby declared that the intent of the Legislature is that

this Code shall be construed as amending, revising and renumbering

the present statutes relating to sales tax in respect to matters

herein. It is further hereby declared that the intent of the

Legislature is that the excise tax levy re-enacted herein and all

other provisions of this Code shall be construed as imposing a tax

upon the sale of tangible personal property and services, not

otherwise exempted, to the consumer.
Okla. Stat. tit. 68, § 68-1004 — OK Code / Title 68 / Section 68-1004
Apportionment and use of proceeds of tax
Status: in_force

A. As used in this section:

1. "Moving five-year average amount for gas" means, for

purposes of the apportionments prescribed by this section, the

amount of gross production tax on natural gas collected for each of

the five (5) complete fiscal years, as computed by the State Board

Oklahoma Statutes - Title 68. Revenue and Taxation Page 369

of Equalization pursuant to Section 34.103 of Title 62 of the

Oklahoma Statutes; and

2. "Moving five-year average amount for oil" means, for

purposes of the apportionments prescribed by this section, the

amount of gross production tax on oil collected for each of the five

(5) complete fiscal years, as computed by the State Board of

Equalization pursuant to Section 34.103 of Title 62 of the Oklahoma

Statutes.

B. Beginning July 1, 2017, the gross production tax provided

for in Section 1001 of this title is hereby levied and shall be

collected and apportioned as follows:

1. For all monies collected from the tax levied on asphalt or

ores bearing uranium, lead, zinc, jack, gold, silver or copper:

a. eighty-five and seventy-two one-hundredths percent

(85.72%) shall be paid to the State Treasurer of the

state to be placed in the General Revenue Fund of the

state and used for the general expense of state

government, to be paid out pursuant to direct

appropriation by the Legislature,

b. seven and fourteen one-hundredths percent (7.14%) of

the sum collected from natural gas and/or casinghead

gas or asphalt or ores bearing uranium, lead, zinc,

jack, gold, silver or copper shall be paid to the

various county treasurers to be credited to the County

Highway Fund as follows: Each county shall receive a

proportionate share of the funds available based upon

the proportion of the total value of production from

such county in the corresponding month of the

preceding year, and

c. seven and fourteen one-hundredths percent (7.14%)

shall be allocated to each county as provided for in

subparagraph b of this paragraph and shall be

apportioned, on an average daily attendance per capita

distribution basis, as certified by the State

Superintendent of Public Instruction to the school

districts of the county where such pupils attend

school regardless of residence of such pupil, provided

the school district makes an ad valorem tax levy of

fifteen (15) mills for the current year and maintains

twelve (12) years of instruction;

2. For all monies collected from the tax levied on natural gas

and/or casinghead gas at a tax rate of seven percent (7%) pursuant

to the provisions of subsection B of Section 1001 of this title:

a. after the total revenue apportioned to the General

Revenue Fund as prescribed by subparagraph b of this

paragraph equals the moving five-year average amount

for gas as defined by paragraph 1 of subsection A of

Oklahoma Statutes - Title 68. Revenue and Taxation Page 370

this section, there shall be apportioned from the

gross production tax levy imposed pursuant to Section

1001 of this title on natural gas and/or casinghead

gas to the Revenue Stabilization Fund created by

Section 34.102 of Title 62 of the Oklahoma Statutes,

the amount of revenue, if any, which exceeds the

moving five-year average amount for gas as defined

pursuant to paragraph 1 of subsection A of this

section,

b. until the apportionment to the General Revenue Fund

equals the moving five-year average amount for gas as

prescribed by paragraph 1 of subsection A of this

section, eighty-five and seventy-two one-hundredths

percent (85.72%) shall be paid to the State Treasurer

of the state to be placed in the General Revenue Fund

of the state and used for the general expense of state

government, to be paid out pursuant to direct

appropriation by the Legislature,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, seven and fourteen

one-hundredths percent (7.14%) of the sum collected

from natural gas and/or casinghead gas shall be paid

to the various county treasurers to be credited to the

County Highway Fund as follows: Each county shall

receive a proportionate share of the funds available

based upon the proportion of the total value of

production from such county in the corresponding month

of the preceding year, and

d. before any other apportionment of revenue has been

made pursuant to this paragraph, seven and fourteen

one-hundredths percent (7.14%) shall be allocated to

each county as provided for in subparagraph c of this

paragraph and shall be apportioned, on an average

daily attendance per capita distribution basis, as

certified by the State Superintendent of Public

Instruction to the school districts of the county

where such pupils attend school regardless of

residence of such pupil, provided the school district

makes an ad valorem tax levy of fifteen (15) mills for

the current year and maintains twelve (12) years of

instruction;

3. For all monies collected from the tax levied on natural gas

and/or casinghead gas at a tax rate of four percent (4%) pursuant to

the provisions of subsection B of Section 1001 of this title:

a. after the total revenue apportioned to the General

Revenue Fund as prescribed by subparagraph b of this

paragraph equals the moving five-year average amount

Oklahoma Statutes - Title 68. Revenue and Taxation Page 371

for gas as defined by paragraph 1 of subsection A of

this section, there shall be apportioned from the

gross production tax levy imposed pursuant to Section

1001 of this title on natural gas and/or casinghead

gas to the Revenue Stabilization Fund created pursuant

to Section 34.102 of Title 62 of the Oklahoma

Statutes, the amount of revenue, if any, which exceeds

the moving five-year average amount for gas as defined

pursuant to paragraph 1 of subsection A of this

section,

b. until the apportionment to the General Revenue Fund

equals the moving five-year average amount for gas as

prescribed by paragraph 1 of subsection A of this

section, seventy-five percent (75%) shall be paid to

the State Treasurer of the state to be placed in the

General Revenue Fund of the state and used for the

general expense of state government, to be paid out

pursuant to direct appropriation by the Legislature,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, twelve and one-half

percent (12.5%) of the sum collected from natural gas

and/or casinghead gas shall be paid to the various

county treasurers to be credited to the County Highway

Fund as follows: Each county shall receive a

proportionate share of the funds available based upon

the proportion of the total value of production from

such county in the corresponding month of the

preceding year, and

d. before any other apportionment of revenue has been

made pursuant to this paragraph, twelve and one-half

percent (12.5%) shall be allocated to each county as

provided for in subparagraph c of this paragraph and

shall be apportioned, on an average daily attendance

per capita distribution basis, as certified by the

State Superintendent of Public Instruction to the

school districts of the county where such pupils

attend school regardless of residence of such pupil,

provided the school district makes an ad valorem tax

levy of fifteen (15) mills for the current year and

maintains twelve (12) years of instruction;

4. For all monies collected from the tax levied on natural gas

and/or casinghead gas at a tax rate of one percent (1%) pursuant to

the provisions of subsection B of Section 1001 of this title:

a. fifty percent (50%) of the sum collected from natural

gas and/or casinghead gas shall be paid to the various

county treasurers to be credited to the County Highway

Fund as follows: Each county shall receive a

Oklahoma Statutes - Title 68. Revenue and Taxation Page 372

proportionate share of the funds available based upon

the proportion of the total value of production from

such county in the corresponding month of the

preceding year, and

b. fifty percent (50%) shall be allocated to each county

as provided for in subparagraph a of this paragraph

and shall be apportioned, on an average daily

attendance per capita distribution basis, as certified

by the State Superintendent of Public Instruction to

the school districts of the county where such pupils

attend school regardless of residence of such pupil,

provided the school district makes an ad valorem tax

levy of fifteen (15) mills for the current year and

maintains twelve (12) years of instruction;

5. For all monies collected from the tax levied on natural gas

and/or casinghead gas at a tax rate of two percent (2%) pursuant to

the provisions of paragraph 3 of subsection B of Section 1001 of

this title:

a. after the total revenue apportioned to the General

Revenue Fund as prescribed by subparagraph b of this

paragraph equals the moving five-year average amount

for gas as defined by paragraph 1 of subsection A of

this section, there shall be apportioned from the

gross production tax levy imposed pursuant to Section

1001 of this title on gas to the Revenue Stabilization

Fund created by Section 34.102 of Title 62 of the

Oklahoma Statutes, the amount of revenue, if any,

which exceeds the moving five-year average amount for

natural gas and/or casinghead gas as defined pursuant

to paragraph 1 of subsection A of this section,

b. until the apportionment to the General Revenue Fund

equals the moving five-year average amount for gas as

prescribed by paragraph 1 of subsection A of this

section, fifty percent (50%) shall be paid to the

State Treasurer to be placed in the General Revenue

Fund of the state and used for the general expense of

state government, to be paid out pursuant to direct

appropriation by the Legislature,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-five percent

(25%) of the sum collected from natural gas and/or

casinghead gas shall be paid to the various county

treasurers to be credited to the County Highway Fund

as follows: Each county shall receive a proportionate

share of the funds available based upon the proportion

of the total value of production from such county in

the corresponding month of the preceding year, and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 373

d. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-five percent

(25%) shall be allocated to each county as provided

for in subparagraph c of this paragraph and shall be

apportioned on an average daily attendance per capita

distribution basis, as certified by the State

Superintendent of Public Instruction, to the school

districts of the county where such pupils attend

school regardless of residence of such pupil, provided

the school district makes an ad valorem tax levy of

fifteen (15) mills for the current year and maintains

twelve (12) years of instruction;

6. For all monies collected from the tax levied on oil at a tax

rate of seven percent (7%) pursuant to the provisions of subsection

B of Section 1001 of this title:

a. there shall be apportioned from the gross production

tax levy imposed pursuant to Section 1001 of this

title on oil to the Revenue Stabilization Fund created

by Section 34.102 of Title 62 of the Oklahoma

Statutes, after the applicable maximum amount

prescribed by subsection C of this section has been

deposited to the funds therein specified, the amount

of revenue, if any, which would otherwise be

apportioned to the General Revenue Fund and which

exceeds the moving five-year average amount for oil as

defined pursuant to paragraph 2 of subsection A of

this section,

b. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-five and

seventy-two one-hundredths percent (25.72%) shall be

paid to the State Treasurer to be placed in the Common

Education Technology Revolving Fund created in Section

34.90 of Title 62 of the Oklahoma Statutes,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-five and

seventy-two one-hundredths percent (25.72%) shall be

paid to the State Treasurer to be placed in the Higher

Education Capital Revolving Fund created in Section

34.91 of Title 62 of the Oklahoma Statutes,

d. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-five and

seventy-two one-hundredths percent (25.72%) shall be

paid to the State Treasurer to be placed in the

Oklahoma Student Aid Revolving Fund created in Section

34.92 of Title 62 of the Oklahoma Statutes,

e. before any other apportionment of revenue has been

made pursuant to this paragraph, three and seven

Oklahoma Statutes - Title 68. Revenue and Taxation Page 374

hundred forty-five one-thousandths percent (3.745%)

shall be distributed to the various counties of the

state for deposit into the County Bridge and Road

Improvement Fund of each county based on a formula

developed by the Department of Transportation and

approved by the Department of Transportation County

Advisory Board created pursuant to Section 302.1 of

Title 69 of the Oklahoma Statutes to be used for the

purposes set forth in the County Bridge and Road

Improvement Act. The formula shall be similar to the

formula currently used for the distribution of monies

in the County Bridge Program funds, but shall also

take into consideration the effect of the terrain and

traffic volume as related to county road improvement

and maintenance costs,

f. before any other apportionment of revenue has been

made pursuant to this paragraph, four and twenty-eight

one-hundredths percent (4.28%) shall be paid to the

State Treasurer to be apportioned to:

(1) the following sources and in the following

amounts through the fiscal year ending June 30,

2027:

(a) thirty-three and one-third percent (33 1/3%)

to the Oklahoma Tourism and Recreation

Department Capital Expenditure Revolving

Fund created pursuant to Section 2254.1 of

Title 74 of the Oklahoma Statutes,

(b) thirty-three and one-third percent (33 1/3%)

to the Oklahoma Conservation Commission

Infrastructure Revolving Fund created

pursuant to Section 3-2-110 of Title 27A of

the Oklahoma Statutes, and

(c) thirty-three and one-third percent (33 1/3%)

to the Community Water Infrastructure

Development Revolving Fund created pursuant

to Section 1085.7A of Title 82 of the

Oklahoma Statutes, and

(2) the Oklahoma Water Resources Board Rural Economic

Action Plan Water Projects Fund for the fiscal

year beginning July 1, 2027, and for each fiscal

year thereafter,

g. before any other apportionment of revenue has been

made pursuant to this paragraph, seven and fourteen

one-hundredths percent (7.14%) of the sum collected

from oil shall be paid to the various county

treasurers, to be credited to the County Highway Fund

as follows: Each county shall receive a proportionate

Oklahoma Statutes - Title 68. Revenue and Taxation Page 375

share of the funds available based upon the proportion

of the total value of production from such county in

the corresponding month of the preceding year,

h. before any other apportionment of revenue has been

made pursuant to this paragraph, seven and fourteen

one-hundredths percent (7.14%) shall be allocated to

each county as provided in subparagraph g of this

paragraph and shall be apportioned, on an average

daily attendance per capita distribution basis, as

certified by the State Superintendent of Public

Instruction, to the school districts of the county

where such pupils attend school regardless of

residence of such pupil, provided the school district

makes an ad valorem tax levy of fifteen (15) mills for

the current year and maintains twelve (12) years of

instruction, and

i. before any other apportionment of revenue has been

made pursuant to this paragraph, five hundred thirty-

five one-thousandths percent (0.535%) of the levy

shall be transmitted by the Oklahoma Tax Commission to

the Statewide Circuit Engineering District Revolving

Fund as created in Section 687.2 of Title 69 of the

Oklahoma Statutes;

7. For all monies collected from the tax levied on oil at a tax

rate of four percent (4%) pursuant to the provisions of subsection B

of Section 1001 of this title:

a. there shall be apportioned from the gross production

tax levy imposed pursuant to Section 1001 of this

title on oil to the Revenue Stabilization Fund created

by Section 34.102 of Title 62 of the Oklahoma

Statutes, after the applicable maximum amount

prescribed by subsection C of this section has been

deposited to the funds therein specified, the amount

of revenue, if any, which would otherwise be

apportioned to the General Revenue Fund and which

exceeds the moving five-year average amount for oil as

defined pursuant to paragraph 2 of subsection A of

this section,

b. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-two and one-

half percent (22.5%) shall be paid to the State

Treasurer to be placed in the Common Education

Technology Revolving Fund created in Section 34.90 of

Title 62 of the Oklahoma Statutes,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-two and one-

half percent (22.5%) shall be paid to the State

Oklahoma Statutes - Title 68. Revenue and Taxation Page 376

Treasurer to be placed in the Higher Education Capital

Revolving Fund created in Section 34.91 of Title 62 of

the Oklahoma Statutes,

d. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-two and one-

half percent (22.5%) shall be paid to the State

Treasurer to be placed in the Oklahoma Student Aid

Revolving Fund created in Section 34.92 of Title 62 of

the Oklahoma Statutes,

e. before any other apportionment of revenue has been

made pursuant to this paragraph, three and twenty-

eight one-hundredths percent (3.28%) shall be

distributed to the various counties of the state for

deposit into the County Bridge and Road Improvement

Fund of each county based on a formula developed by

the Department of Transportation and approved by the

Department of Transportation County Advisory Board

created pursuant to Section 302.1 of Title 69 of the

Oklahoma Statutes to be used for the purposes set

forth in the County Bridge and Road Improvement Act.

The formula shall be similar to the formula currently

used for the distribution of monies in the County

Bridge Program funds, but shall also take into

consideration the effect of the terrain and traffic

volume as related to county road improvement and

maintenance costs,

f. before any other apportionment of revenue has been

made pursuant to this paragraph, three and seventy-

five one-hundredths percent (3.75%) shall be paid to

the State Treasurer to be apportioned to:

(1) the following sources and in the following

amounts through the fiscal year ending June 30,

2027:

(a) thirty-three and one-third percent (33 1/3%)

to the Oklahoma Tourism and Recreation

Department Capital Expenditure Revolving

Fund created pursuant to Section 2254.1 of

Title 74 of the Oklahoma Statutes,

(b) thirty-three and one-third percent (33 1/3%)

to the Oklahoma Conservation Commission

Infrastructure Revolving Fund created

pursuant to Section 3-2-110 of Title 27A of

the Oklahoma Statutes, and

(c) thirty-three and one-third percent (33 1/3%)

to the Community Water Infrastructure

Development Revolving Fund created pursuant

Oklahoma Statutes - Title 68. Revenue and Taxation Page 377

to Section 1085.7A of Title 82 of the

Oklahoma Statutes, and

(2) the Oklahoma Water Resources Board Rural Economic

Action Plan Water Projects Fund for the fiscal

year beginning July 1, 2027, and for each fiscal

year thereafter,

g. before any other apportionment of revenue has been

made pursuant to this paragraph, twelve and one-half

percent (12.5%) of the sum collected from oil shall be

paid to the various county treasurers, to be credited

to the County Highway Fund as follows: Each county

shall receive a proportionate share of the funds

available based upon the proportion of the total value

of production from such county in the corresponding

month of the preceding year,

h. before any other apportionment of revenue has been

made pursuant to this paragraph, twelve and one-half

percent (12.5%) shall be allocated to each county as

provided in subparagraph g of this paragraph and shall

be apportioned on an average daily attendance per

capita distribution basis, as certified by the State

Superintendent of Public Instruction, to the school

districts of the county where such pupils attend

school regardless of residence of such pupil, provided

the school district makes an ad valorem tax levy of

fifteen (15) mills for the current year and maintains

twelve (12) years of instruction, and

i. before any other apportionment of revenue has been

made pursuant to this paragraph, forty-seven one-

hundredths percent (0.47%) of the levy shall be

transmitted by the Tax Commission to the Statewide

Circuit Engineering District Revolving Fund as created

in Section 687.2 of Title 69 of the Oklahoma Statutes;

8. For all monies collected from the tax levied on oil at a tax

rate of one percent (1%) pursuant to the provisions of subsection B

of Section 1001 of this title:

a. fifty percent (50%) of the sum collected shall be paid

to the various county treasurers, to be credited to

the County Highway Fund as follows: Each county shall

receive a proportionate share of the funds available

based upon the proportion of the total value of

production from such county in the corresponding month

of the preceding year, and

b. fifty percent (50%) shall be allocated to each county

as provided for in subparagraph a of this paragraph

and shall be apportioned on an average daily

attendance per capita distribution basis, as certified

Oklahoma Statutes - Title 68. Revenue and Taxation Page 378

by the State Superintendent of Public Instruction, to

the school districts of the county where such pupils

attend school regardless of residence of such pupil,

provided the school district makes an ad valorem tax

levy of fifteen (15) mills for the current year and

maintains twelve (12) years of instruction;

9. For all monies collected from the tax levied on oil at a tax

rate of two percent (2%) pursuant to the provisions of paragraph 3

of subsection B of Section 1001 of this title:

a. there shall be apportioned from the gross production

tax levy imposed pursuant to Section 1001 of this

title on oil to the Revenue Stabilization Fund created

by Section 34.102 of Title 62 of the Oklahoma

Statutes, the amount of revenue, if any, which exceeds

the moving five-year average amount for oil as defined

pursuant to paragraph 2 of subsection A of this

section,

b. until the apportionment to the General Revenue Fund

equals the moving five-year average amount for oil as

prescribed by paragraph 2 of subsection A of this

section, fifty percent (50%) shall be paid to the

State Treasurer to be placed in the General Revenue

Fund of the state and used for the general expense of

state government, to be paid out pursuant to direct

appropriation by the Legislature,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-five percent

(25%) of the sum collected from oil shall be paid to

the various county treasurers, to be credited to the

County Highway Fund as follows: Each county shall

receive a proportionate share of the funds available

based upon the proportion of the total value of

production from such county in the corresponding month

of the preceding year, and

d. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-five percent

(25%) shall be allocated to each county as provided in

subparagraph c of this paragraph and shall be

apportioned on an average daily attendance per capita

distribution basis, as certified by the State

Superintendent of Public Instruction, to the school

districts of the county where such pupils attend

school regardless of residence of such pupil, provided

the school district makes an ad valorem tax levy of

fifteen (15) mills for the current year and maintains

twelve (12) years of instruction;

Oklahoma Statutes - Title 68. Revenue and Taxation Page 379

10. On or after June 28, 2018 and before July 1, 2025, the

gross production tax levied on natural gas or casinghead gas at the

rate of five percent (5%) provided for in paragraph 3 of subsection

B of Section 1001 of this title shall be apportioned as follows:

a. after the total revenue apportioned to the General

Revenue Fund as prescribed by subparagraph b of this

paragraph equals the moving five-year average amount

for gas as defined by paragraph 1 of subsection A of

this section, there shall be apportioned from the

gross production tax levy imposed pursuant to Section

1001 of this title on natural gas and/or casinghead

gas to the Revenue Stabilization Fund created pursuant

to Section 34.102 of Title 62 of the Oklahoma

Statutes, the amount of revenue, if any, which exceeds

the moving five-year average amount for gas as defined

pursuant to paragraph 1 of subsection A of this

section,

b. until the apportionment to the General Revenue Fund

equals the moving five-year average amount for gas as

prescribed by paragraph 1 of subsection A of this

section, eighty percent (80%) shall be paid to the

State Treasurer of the state to be placed in the

General Revenue Fund of the state and used for the

general expense of state government, to be paid out

pursuant to direct appropriation by the Legislature,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, ten percent (10%) of

the sum collected from natural gas and/or casinghead

gas shall be paid to the various county treasurers to

be credited to the County Highway Fund as follows:

Each county shall receive a proportionate share of the

funds available based upon the proportion of the total

value of production from such county in the

corresponding month of the preceding year,

d. before any other apportionment of revenue has been

made pursuant to this paragraph, ten percent (10%)

shall be allocated to each county as provided for in

subparagraph c of this paragraph and shall be

apportioned, on an average daily attendance per capita

distribution basis, as certified by the State

Superintendent of Public Instruction to the school

districts of the county where such pupils attend

school regardless of residence of such pupil, provided

the school district makes an ad valorem tax levy of

fifteen (15) mills for the current year and maintains

twelve (12) years of instruction;

Oklahoma Statutes - Title 68. Revenue and Taxation Page 380

11. Beginning July 1, 2025, the gross production tax levied on

natural gas or casinghead gas at the rate of five percent (5%)

provided for in paragraph 3 of subsection B of Section 1001 of this

title shall be apportioned as follows:

a. after the total revenue apportioned to the General

Revenue Fund as prescribed by subparagraph b of this

paragraph equals the moving five-year average amount

for gas as defined by paragraph 1 of subsection A of

this section, there shall be apportioned from the

gross production tax levy imposed pursuant to Section

1001 of this title on natural gas and/or casinghead

gas to the Revenue Stabilization Fund created pursuant

to Section 34.102 of Title 62 of the Oklahoma

Statutes, the amount of revenue, if any, which exceeds

the moving five-year average amount for gas as defined

pursuant to paragraph 1 of subsection A of this

section,

b. until the apportionment to the General Revenue Fund

equals the moving five-year average amount for gas as

prescribed by paragraph 1 of subsection A of this

section, forty percent (40%) shall be paid to the

State Treasurer of the state to be placed in the

General Revenue Fund of the state and used for the

general expense of state government, to be paid out

pursuant to direct appropriation by the Legislature,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, ten percent (10%) of

the sum collected from natural gas and/or casinghead

gas shall be paid to the various county treasurers to

be credited to the County Highway Fund as follows:

Each county shall receive a proportionate share of the

funds available based upon the proportion of the total

value of production from such county in the

corresponding month of the preceding year,

d. before any other apportionment of revenue has been

made pursuant to this paragraph, ten percent (10%)

shall be allocated to each county as provided for in

subparagraph c of this paragraph and shall be

apportioned, on an average daily attendance per capita

distribution basis, as certified by the State

Superintendent of Public Instruction to the school

districts of the county where such pupils attend

school regardless of residence of such pupil, provided

the school district makes an ad valorem tax levy of

fifteen (15) mills for the current year and maintains

twelve (12) years of instruction, and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 381

e. before any other apportionment of revenue has been

made pursuant to this paragraph, forty percent (40%)

shall be remitted to the State Treasurer to be

credited to the Preserving and Advancing County

Transportation Fund created in Section 1 of this act,

but in no event shall the total amount apportioned in

any fiscal year pursuant to this subparagraph exceed

Seventy-five Million Dollars ($75,000,000.00). Any

amounts in excess of Seventy-five Million Dollars

($75,000,000.00) shall be placed in the General

Revenue Fund of the state and used for the general

expense of state government, to be paid out pursuant

to direct appropriation by the Legislature; and

12. On or after June 28, 2018, the gross production tax on oil

levied at the rate of five percent (5%) provided for in paragraph 3

of subsection B of Section 1001 of this title shall be apportioned

as follows:

a. there shall be apportioned from the gross production

tax levy imposed pursuant to Section 1001 of this

title on oil to the Revenue Stabilization Fund created

by Section 34.102 of Title 62 of the Oklahoma

Statutes, after the applicable maximum amount

prescribed by subsection C of this section has been

deposited to the funds therein specified, the amount

of revenue, if any, which would otherwise be

apportioned to the General Revenue Fund and which

exceeds the moving five-year average amount for oil as

defined pursuant to paragraph 2 of subsection A of

this section,

b. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-three and

seventy-five one-hundredths percent (23.75%) shall be

paid to the State Treasurer to be placed in the Common

Education Technology Revolving Fund created in Section

34.90 of Title 62 of the Oklahoma Statutes,

c. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-three and

seventy-five one-hundredths percent (23.75%) shall be

paid to the State Treasurer to be placed in the Higher

Education Capital Revolving Fund created in Section

34.91 of Title 62 of the Oklahoma Statutes,

d. before any other apportionment of revenue has been

made pursuant to this paragraph, twenty-three and

seventy-five one-hundredths percent (23.75%) shall be

paid to the State Treasurer to be placed in the

Oklahoma Student Aid Revolving Fund created in Section

34.92 of Title 62 of the Oklahoma Statutes,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 382

e. before any other apportionment of revenue has been

made pursuant to this paragraph, three and twenty-

eight one-hundredths percent (3.28%) shall be

distributed to the various counties of the state for

deposit into the County Bridge and Road Improvement

Fund of each county based on a formula developed by

the Department of Transportation and approved by the

Department of Transportation County Advisory Board

created pursuant to Section 302.1 of Title 69 of the

Oklahoma Statutes to be used for the purposes set

forth in the County Bridge and Road Improvement Act.

The formula shall be similar to the formula currently

used for the distribution of monies in the County

Bridge Program funds, but shall also take into

consideration the effect of the terrain and traffic

volume as related to county road improvement and

maintenance costs,

f. before any other apportionment of revenue has been

made pursuant to this paragraph, five percent (5%)

shall be paid to the State Treasurer to be apportioned

to:

(1) the following sources and in the following

amounts through the fiscal year ending June 30,

2027:

(a) thirty-three and one-third percent (33 1/3%)

to the Oklahoma Tourism and Recreation

Department Capital Expenditure Revolving

Fund created pursuant to Section 2254.1 of

Title 74 of the Oklahoma Statutes,

(b) thirty-three and one-third percent (33 1/3%)

to the Oklahoma Conservation Commission

Infrastructure Revolving Fund created

pursuant to Section 3-2-110 of Title 27A of

the Oklahoma Statutes, and

(c) thirty-three and one-third percent (33 1/3%)

to the Community Water Infrastructure

Development Revolving Fund created pursuant

to Section 1085.7A of Title 82 of the

Oklahoma Statutes, and

(2) the Oklahoma Water Resources Board Rural Economic

Action Plan Water Projects Fund for the fiscal

year beginning July 1, 2027, and for each fiscal

year thereafter,

g. before any other apportionment of revenue has been

made pursuant to this paragraph, ten percent (10%) of

the sum collected from oil shall be paid to the

various county treasurers, to be credited to the

Oklahoma Statutes - Title 68. Revenue and Taxation Page 383

County Highway Fund as follows: Each county shall

receive a proportionate share of the funds available

based upon the proportion of the total value of

production from such county in the corresponding month

of the preceding year,

h. before any other apportionment of revenue has been

made pursuant to this paragraph, ten percent (10%)

shall be allocated to each county as provided in

subparagraph g of this paragraph and shall be

apportioned on an average daily attendance per capita

distribution basis, as certified by the State

Superintendent of Public Instruction, to the school

districts of the county where such pupils attend

school regardless of residence of such pupil, provided

the school district makes an ad valorem tax levy of

fifteen (15) mills for the current year and maintains

twelve (12) years of instruction, and

i. before any other apportionment of revenue has been

made pursuant to this paragraph, forty-seven one-

hundredths percent (0.47%) of the levy shall be

transmitted by the Tax Commission to the Statewide

Circuit Engineering District Revolving Fund as created

in Section 687.2 of Title 69 of the Oklahoma Statutes.

C. Provided, notwithstanding any other provision of this

section, the total amounts deposited to the Common Education

Technology Revolving Fund, the Higher Education Capital Revolving

Fund, the Oklahoma Student Aid Revolving Fund, the Rural Economic

Action Plan Water Projects Fund, the Oklahoma Tourism and Recreation

Department Capital Expenditure Revolving Fund, the Oklahoma

Conservation Commission Infrastructure Revolving Fund and the

Community Water Infrastructure Development Revolving Fund pursuant

to paragraphs 6, 7 and 11 of subsection B of this section shall not

exceed One Hundred Fifty Million Dollars ($150,000,000.00) in any

fiscal year. Except as otherwise provided in this subsection, all

sums in excess of One Hundred Fifty Million Dollars

($150,000,000.00) in any fiscal year which would otherwise be

deposited in such funds shall be apportioned by the Oklahoma Tax

Commission to the General Revenue Fund of the state.
Okla. Stat. tit. 68, § 68-3135 — OK Code / Title 68 / Section 68-3135
Sale or auction of property acquired at resale by county
Status: in_force

A. Any property acquired by the county under the provisions of

the resale tax laws may be sold by the county treasurer, after

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1342

notice by publication, at a price as may be approved by the board of

county commissioners, the notice to be given after receipt of bid on

the property. The notice shall be published by the county treasurer

once during each of the three (3) consecutive weeks preceding the

sale, and if there be no paper published in the county, the county

treasurer shall give notice by written or printed notice posted on

the door of the courthouse. The notice shall embrace a description

of the property, the amount bid and the name of the bidder, and

state that the sale of the property so listed shall be made at the

price and to the bidder at a given date, beginning at an hour to be

specified therein, subject to the approval of the board of county

commissioners, unless higher bids are received at the sale. On the

date stated in the notice, the property shall be sold by the county

treasurer to the highest competitive bidder, for cash in hand or

certified funds, or to the original bidder if there be no higher

price offered. The sale in any event shall be subject to the

approval of the board of county commissioners in its discretion.

The cost of the advertisement and other expense incident to the

sale, as provided by law, shall be apportioned to the respective

tracts listed in the sale and shall be added to the sale price of

the real estate as a separate and additional charge and shall be

paid by the purchaser, in addition to the amount bid upon the real

estate. A deposit shall be required of any bidder before

advertisement of the property to cover the advertisement and costs.

Upon declaring the successful bidder at the sale, and before closing

the sale, the bidder shall be required to make, or increase, the bid

sufficient to cover cost of advertising and sale, and sufficient to

cover the fees of the county clerk for the recording mandatorily

required by law upon approval by the board of county commissioners,

otherwise the sale shall continue. Upon approval of the sale as

hereinbefore provided, the chair of the board of county

commissioners shall execute a deed conveying title to the purchaser

of the property in as full and ample manner as by law provided on a

form prescribed by the State Auditor and Inspector.

B. In addition to the methods provided for in subsection A of

this section, the county may also periodically hold auctions to sell

any property or properties acquired by the county under the

provisions of the resale tax laws. The auctions shall be held at a

time, date and place as set by the county treasurer with the

approval of the county commissioners. On the date of the auction,

the property or properties shall be sold by the county treasurer to

the highest competitive bidder, for cash in hand or certified funds.

Any bid which is less than all of the real estate ad valorem taxes

owed at the time of the original resale shall be accepted only upon

approval of the county commissioners and the county excise board.

The county treasurer and county commissioners may contract with an

auctioneer to conduct the auction for a fee or commission as may be

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1343

mutually agreed upon. If an auctioneer is employed, the auctioneer

shall be responsible for conducting the auction and all the

necessary advertising.
Okla. Stat. tit. 68, § 68-117 — OK Code / Title 68 / Section 68-117
Electronic access to data and reports
Status: in_force

The Oklahoma Tax Commission, upon request, shall provide the

Office of Management and Enterprise Services, the Oklahoma State

Senate and the Oklahoma House of Representatives electronic access

to any aggregate data and reports used by the Oklahoma Tax

Commission in developing revenue estimates and economic forecasts.

The aggregate data and reports which will be made accessible

pursuant to the provisions of this section shall not include any

records or other information required by law to be kept

confidential.