reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2368.29. Donation from tax refund - General Revenue Fund

A. Each state individual income tax return form for tax years beginning after December 31, 2016, and each state corporate tax return form for tax years beginning after December 31, 2016, shall contain provisions to allow a donation from a tax refund or a direct donation for the benefit of the General Revenue Fund of the State of Oklahoma, as follows:
Support of Oklahoma General Revenue Fund. Check if you wish to donate from your tax refund: ( ) entire amount, or ( ) $____. Check if you wish to make a direct donation to the General Revenue Fund: (______) amount $_____________.
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 Income Tax Checkoff Revolving Fund for the Support of the Oklahoma General Revenue Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving fund for the Oklahoma General Revenue Fund to be designated the “Income Tax Checkoff Revolving Fund for the Support of the Oklahoma General Revenue Fund“. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies apportioned to the fund pursuant to the provisions of this section. All monies accruing to the credit of the fund shall be deposited to the credit of the General Revenue Fund and appropriation of such funds shall be subject to the provisions of Section 23 of Article X of the Oklahoma Constitution. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of this section in error, such taxpayer may file a claim for 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 this title. 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.
Added by Laws 2016, c. 144, § 1, eff. Jan. 1, 2017.
NOTE: Editorially renumbered from § 2368.28 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2368.30. Donation from tax refund - Oklahoma Emergency Responders Assistance Program Revolving Fund.

A. Each state individual income tax return form for tax years which begin after December 31, 2016, and each state corporate tax return form for tax years beginning after December 31, 2016, shall contain a provision to allow a donation from a tax refund for the benefit of the Oklahoma Emergency Responders Assistance Program.
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 Emergency Responders Assistance Program Revolving Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving fund to be designated the "Oklahoma Emergency Responders Assistance Program Revolving Fund" and administered by the Department of Public Safety. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all the monies received by the Department of Public Safety pursuant to the provisions of subsection A of this section. All monies accruing to the credit of the fund are appropriated and may be budgeted and expended by the Department of Public Safety at the beginning of each fiscal year for the purpose of providing grants to the Oklahoma Emergency Responders Assistance Program for purposes of providing postcritical incident care to all emergency first responders and their families who are experiencing emotional trauma. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of this section in error, such taxpayer may file a claim for 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 this title. 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.
Added by Laws 2017, c. 277, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2368.31. Donation from tax refund – Oklahoma AIDS Care Revolving Fund.

A. Each state individual income tax return form for tax years which begin after December 31, 2018, and each state corporate tax return form for tax years beginning after December 31, 2018, shall contain a provision to allow a donation from a tax refund for the benefit of the Oklahoma AIDS Care 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 AIDS Care Revolving Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving fund to be designated the "Oklahoma AIDS Care Revolving Fund" and administered by the Department of Human Services. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all the monies received by the Department of Human Services pursuant to the provisions of subsection A of this section. All monies accruing to the credit of the fund are appropriated and may be budgeted and expended by the Department of Human Services at the beginning of each fiscal year for the purpose of providing grants to the Oklahoma AIDS Care Fund for purposes of emergency assistance, advocacy, education, prevention and collaboration with other entities. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of this section in error, such taxpayer may file a claim for 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.
Added by Laws 2018, c. 135, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2370.1. Credit against tax imposed by Section 2370.

A. There shall be allowed a credit against the tax imposed by Section 2370 of this title for any state banking association, national banking association and credit union organized under the laws of this state for the amount of the guaranty fee paid by the banking association or credit union to the United States Small Business Administration pursuant to the "7(a)" loan guaranty program.
B. The credit authorized by this section may be claimed for guaranty fees paid on or after January 1, 2022, and before January 1, 2025.
C. No credit may be claimed pursuant to this section if, pursuant to the agreement between the banking association or credit union and the entity to which proceeds are made available, the banking association or credit union adds the amount of the SBA 7(a) loan guaranty fee to the amount financed by the borrower or in any other way recovers the guaranty fee amount from the borrower.
D. The credit authorized by this section may be claimed and if not fully used in the initial year for which the credit is claimed may be carried over, in order, to each of the five (5) succeeding taxable years. The credit authorized by this section may not be used to reduce the tax liability of the credit claimant below zero (0).
E. The Oklahoma Tax Commission shall prepare a report regarding the amount of tax credits claimed as authorized by this section. The report shall be submitted to the Speaker of the House of Representatives and to the President Pro Tempore of the Senate not later than March 31 of each year.
F. Pursuant to Section 46A of Title 62 of the Oklahoma Statutes, there shall be a measurable goal of retaining and/or creating two thousand jobs per year in Oklahoma for the credit against the tax imposed by Section 2370 of this title.
Added by Laws 1999, c. 242, § 1, eff. Jan. 1, 2000. Amended by Laws 2014, c. 32, § 1, eff. Nov. 1, 2014; Laws 2016, c. 110, § 1, eff. Nov. 1, 2016; Laws 2018, c. 131, § 1, eff. Nov. 1, 2018; Laws 2021, c. 166, § 1, eff. Jan. 1, 2022.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2370.2. Subchapter S elections.

Except as otherwise provided for in the Pass-Through Entity Tax Equity Act of 2019, a state banking association or national banking association having an election in effect under subchapter S of the Internal Revenue Code for any tax year beginning after December 31, 1996, in reporting items of income, loss, deductions and credits proportionately to its shareholders for inclusion in their taxable incomes, shall use as a basis items of income, loss, deductions and credits of such banking association as shown on its federal income tax return, subject to modifications as set forth in Sections 2358 and 2362 of this title.
Added by Laws 2000, c. 5, § 2, emerg. eff. March 14, 2000. Amended by Laws 2001, c. 319, § 2, eff. July 1, 2001; Laws 2019, c. 201, § 8, emerg. eff. April 29, 2019.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2372. Returns by banking institutions.

Except as otherwise provided for in the Pass-Through Entity Tax Equity Act of 2019, every national banking association or state bank, subject to taxation under this act, shall make its return to the Tax Commission at the same time and in the same manner required of other corporations, as specified herein, and except to the manner of computing the net income subject to the tax levied by this act, each shall be subject to all other provisions of this act applicable to such other corporations.
Added by Laws 1971, c. 137, § 22, emerg. eff. May 11, 1971. Amended by Laws 2019, c. 201, § 9, emerg. eff. April 29, 2019.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2374. Interest.

In the case of any refund to a taxpayer as provided in Section 226 of the Uniform Tax Procedure Code for taxes collected pursuant to this act, the Tax Commission shall pay interest thereon at the rate of six percent (6%) per annum from the date of payment by the taxpayer to the date of such refund. To the extent inconsistent herewith, Section 226 of the Uniform Tax Procedure Code is hereby superseded.
Amended by Laws 1983, c. 13, § 7, emerg. eff. March 23, 1983. x
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2376. False return - Failure to return - Prosecution - Penalty.

A. Any person, natural or corporate, or any officer or agent of any corporation who, with the intent to defraud the state or evade the payment of any income tax, shall fail to file a state income tax return when such person is required to do so by the statutes of Oklahoma, and within the time in which such returns are required to be filed, or within a time extension if obtained from the Tax Commission shall be guilty, upon conviction, of a felony and shall be punished as provided for in Section 240.1 of this title.
B. Any person, natural or corporate, or any officer or agent of any corporation who, with the intent to defraud the state, or evade the payment of any income tax, files a state income tax return which is false in any material items or particular, shall be guilty, upon conviction, of a felony and shall be punished as provided for in subsection A of Section 241 of this title.
C. Nothing in this section shall be construed to prevent the state or any agency thereof from collecting any fees or penalties as provided by law. Any corporate violator may be so fined.
D. Offenses defined in this section shall be reported to the appropriate district attorney of this state by the Oklahoma Tax Commission as soon as said offenses are discovered by the Commission or its agents or employees. Any other provision of law to the contrary notwithstanding, the Commission shall make available to the appropriate district attorney, or to the authorized agent of said district attorney, its records and files pertinent to such prosecutions, and such records and files shall be fully admissible for the purpose of such prosecutions.
Added by Laws 1971, c. 137, § 26, emerg. eff. May 11, 1971. Amended by Laws 1986, c. 218, § 24, emerg. eff. June 9, 1986; Laws 1997, c. 133, § 564, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 564 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2377. Prosecutions for failure to file income tax return or for filing false return.

Offenses defined by Title 68, O.S. 1961, Section 919, shall be reported to the appropriate county or district attorney of this State by the Oklahoma Tax Commission as soon as said offenses are discovered by the Commission or its agents or employees. Any other provision of law to the contrary notwithstanding, the Commission shall make available to the appropriate county or district attorney, or to the authorized agent of said county or district attorney, its records and files pertinent to such prosecutions, and such records and files shall be fully admissible for the purpose of such prosecutions.
Added by Laws 1967, c. 334, § 7, emerg. eff. May 18, 1967. Renumbered from § 2325-1 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2378. Other taxes not in lieu of income tax.

All taxes, required to be paid under any other law of this state in which law it is stated either, that such taxes are to be in lieu of other taxes, or that the property on which the tax is levied shall be subject to no other form of tax than therein provided, are hereby declared to be in lieu of general ad valorem property taxes, and shall not be construed to be in lieu of the net income tax hereby levied.
Added by Laws 1971, c. 137, § 27, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2379. Taxes levied by prior laws.

This act shall not release, extinguish or otherwise affect the liability of any person or property for taxes that shall have accrued, or become payable or owing, under any law repealed by this act, and which shall have not been paid when this act becomes effective. All such taxes shall remain payable and be subject to the laws levying same to the same extent as if this act had not been enacted, and when collected shall be apportioned or distributed as provided by such laws. All remedies for the collection of unpaid taxes, existing or available when this act becomes effective, shall be available for the collection of taxes due under such prior laws or due under this act, and this act shall not affect any proceeding or action commenced before the effective date hereof, or any proceeding or action pending when this act becomes effective.
Added by Laws 1971, c. 137, § 28, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2381. Applicability of act to taxable years.

The provisions of this act shall apply to all taxpayers whose taxable year begins on and after January 1, 1971; provided, however, that in respect to any taxpayer whose taxable year begins in 1970 and ends in 1971, such taxpayer may, at his option, determine his tax under this act or compute his tax liability for such fiscal year ending in 1971, by using the sum of the computations of 1, and 2, as follows:
1. The tax computed under the provisions of the law applicable to the calendar year 1970, multiplied by the ratio of the number of months of the year in 1970, to the total number of months of the taxable year.
2. The tax computed under the provisions of this law applicable to the calendar year 1971, multiplied by the ratio of the number of months of the year in 1971, to the total number of months of the taxable year.
Added by Laws 1971, c. 137, § 30, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2382. Invalidity clause.

If any of the provisions of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity or constitutionality of any of the other provisions of this act.
Added by Laws 1971, c. 137, § 31, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385. Specified tax return preparers – Electronic filing.

Any specified tax return preparer shall file all individual income tax returns prepared by such preparer by electronic means. The term “specified tax return preparer” shall have the same meaning as provided in Section 6011 of the Internal Revenue Code of 1986, as amended. The preparation of a substantial part of a return or claim for refund is treated as if it were the preparation of the entire return or claim for refund. This section shall apply to all returns filed after December 31, 2010.
Added by Laws 2003, c. 472, § 21. Amended by Laws 2010, c. 419, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.2. Amount to be withheld.

A. Every employer making payment of wages shall deduct and withhold from the wages paid each employee a tax in an amount determined in accordance with a table fixing graduated rates of tax to be withheld, which table shall be devised by the Oklahoma Tax Commission and fix the rate of such tax to be withheld from each employee as a percentage of the amount of federal income tax withheld under the Internal Revenue Code, and/or a percentage of the amount of salary paid to the employee, giving consideration to the approximate amount of the state tax liability of any such employee, if such employee-taxpayer were to elect to use the standard deduction. Such table shall be published by the Oklahoma Tax Commission and furnished to all employers filing income withholding tax returns as required by law.
B. Whenever the amount to be withheld from the wages of an employee is calculated to total less than twenty-five cents ($0.25) in any quarterly period of a year, the provisions of subsection A of this section shall not apply.
C. Every person, including the government of the United States, a state or a political subdivision thereof or any instrumentalities of the foregoing, making any payment of winnings which are subject to withholding shall deduct and withhold from such payment a tax in an amount equal to four percent (4%) of such payment.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2331 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1971, p. 1041, H.J.R. No. 1026, § 1, emerg. eff. June 22, 1971; Laws 1990, c. 339, § 8, emerg. eff. May 31, 1990; Laws 1994, c. 278, § 30, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.4. Overpayments.

When an employer believes that he has made an overpayment of the tax required to be paid under Section 2385.3, he may file an application with the Tax Commission on a form approved by it either to have the amount of such overpayment refunded to him or to have the sum credited against the payment which he is required to make for a subsequent period, but such refund or credit shall be made or allowed to the employer only to the extent that the amount of such overpayment was not withheld under Section 2385.2 by the employer. Any employer aggrieved by the refusal of the Tax Commission to refund in accordance with an application duly filed by him may pursue the remedies provided in Article 2 of this Code, the Uniform Tax Procedure Law.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Amended by Laws 1968, c. 200, § 2. Renumbered from § 2333 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.5. Credit as taxes paid.

The amount deducted and withheld as tax under Section 2385.2 of this title during any calendar year shall be allowed as a credit to the recipient of the income as income taxes paid.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2334 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1990, c. 339, § 10, emerg. eff. May 31, 1990.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.6. Penalty for failure to pay over or file return - Failure to furnish statement to employee.

A. If an employer fails to file a return or to pay to the Oklahoma Tax Commission the withholding tax within the time prescribed by this article, there shall be imposed on him a penalty equal to ten percent (10%) of the amount of tax, or ten percent (10%) of the amount of the underpayment of tax, if such failure is not corrected within fifteen (15) days after the tax becomes delinquent. There shall also be imposed on such employer interest at the rate of one and one-quarter percent (1 1/4%) per month during the period such underpayment exists. For the purposes of this paragraph, "underpayment" shall mean the excess of the amount of the tax required to be paid over the amount thereof actually paid on or before the date prescribed therefor. Such penalty and interest shall be added to and become a part of the tax assessed. However, the Tax Commission shall not collect the penalty assessed if the taxpayer remits the tax and interest within sixty (60) days of the mailing of a proposed assessment or voluntarily pays the tax upon the filing of an amended return.
B. Any employer who is required under the provisions of Section 2385.3 of this title to furnish a statement to an employee, but who willfully fails to furnish such employee the statement required by said section, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding One Hundred Dollars ($100.00), or by imprisonment for not more than six (6) months in the county jail, or by both such fine and imprisonment for each such offense.
C. The provisions of subsections A and B of this section shall also apply to every person making payments of winnings subject to withholding.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2335 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1986, c. 218, § 26, emerg. eff. June 9, 1986; Laws 1988, c. 87, § 3, operative July 1, 1988; Laws 1990, c. 339, § 11, emerg. eff. May 31, 1990; Laws 1998, c. 385, § 11, eff. Nov. 1, 1998; Laws 2005, c. 479, § 21, eff. July 1, 2005; Laws 2012, c. 357, § 9, eff. July 1, 2012; Laws 2014, c. 274, § 4, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.7. Declaration of estimated tax.

A. Except as provided in subsection B of this section, every taxpayer, as defined by Section 2353 of this title, shall make estimated tax payments for the taxable year if:
1. In the case of a single individual taxpayer, the tax liability of the taxpayer can reasonably be expected to be Five Hundred Dollars ($500.00) or more in excess of taxes to be withheld from wages;
2. In the case of married individuals, the combined tax liability of the married individuals can reasonably be expected to be Five Hundred Dollars ($500.00) or more in excess of taxes to be withheld from wages; or
3. In the case of a corporation or trust, the tax of the corporation or trust for the taxable year can reasonably be expected to be Five Hundred Dollars ($500.00) or more.
B. Subsection A of this section shall not apply to:
1. Estates; and
2. Any individual whose gross income from farming for the taxable year is at least sixty-six and two-thirds percent (66 2/3%) of the total estimated gross income from all sources for the taxable year. However, if an individual whose gross income from farming qualifies pursuant to the provisions of this paragraph for the previous taxable year, the individual shall not be required to qualify for the current taxable year. In no event shall the qualification for the previous taxable year be carried forward for more than one (1) year.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2336 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1989, c. 249, § 34, eff. Jan. 1, 1990; Laws 1997, c. 294, § 25, eff. July 1, 1997; Laws 2000, c. 314, § 21, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.9. Payment of estimated tax.

A. The required annual payment of estimated tax shall be paid in four equal installments as follows:
1. In the case of a taxpayer on a calendar year basis, the first installment shall be paid on April 15 of the taxable year, the second and third on June 15 and September 15, respectively, of the taxable year and the fourth on January 15 of the succeeding taxable year. However, if taxpayer files return and pays tax due on or before January 31, the payment of the installment due January 15 is waived; and
2. In the application of this section to the case of a taxable year beginning on any date other than January 1, there shall be substituted, for the months specified in this section, the months which correspond thereto.
B. As used in this section, the “required annual payment” shall mean the lesser of:
1. Seventy percent (70%) of the tax shown on the return for the taxable year; or
2. One hundred percent (100%) of the tax shown on the return for the preceding taxable year of twelve (12) months.
C. For purposes of determining the amount of tax due on any of the respective dates, taxpayers may compute the tax by placing taxable income on an annualized basis as prescribed by rules promulgated by the Tax Commission, which shall be in accordance with the annualization provisions of the Internal Revenue Code. For corporate taxpayers, the annualization provisions found in Section 6655(e)(2)(c) and 6655(e)(3) of the Internal Revenue Code may not be used. The provisions allowed in this section for computing estimated taxes on an annualized basis shall only be permitted for a taxable year of twelve (12) months.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2338 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1989, c. 249, § 35, eff. Jan. 1, 1990; Laws 1997, c. 294, § 26, eff. July 1, 1997; Laws 2000, c. 314, § 22, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.10. Refunds - Filing of return as constituting claim.

In the event that the completed return of the taxpayer discloses a refund to be due by reason of the credits for withholding and/or estimated taxes previously paid, the filing of such tax return shall constitute a claim for refund of the excess.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2339 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.11. Extensions of time for filing declarations and payment of tax.

The Tax Commission may allow reasonable extensions of time for the filing of declarations of estimated tax and the payment of said tax. No extensions shall be granted for more than two (2) months, except in the case of taxpayers who are outside the continental limits of the United States in which case, at the discretion of the Tax Commission, a longer period may be granted.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2340 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.13. Amount of estimate - Penalty for underestimating.

A. In the case of any underpayment of the estimated tax payment required in Section 2385.9 of this title, there shall be added to the amount of the underpayment interest thereon at an annual rate of twenty percent (20%) for the period of the underpayment.
B. As used in subsection A of this section, the amount of the underpayment shall be the excess of the required installment over the amount paid on or before the due date of the installment. The period of underpayment shall run from the due date of the required installment to the earlier of the fifteenth day of the fourth month, or for corporations, thirty (30) days after the due date for returns established under the Internal Revenue Code, following the close of the taxable year or the date on which the required installment is paid.
C. No addition to tax shall be imposed under subsection A of this section if the tax shown on the return for the taxable year is less than One Thousand Dollars ($1,000.00) or if the taxpayer was an Oklahoma resident throughout the preceding taxable year of twelve (12) months and did not have any liability for tax for the preceding taxable year.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2342 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1971, H.J.R. No. 1026, p. 1044, § 4, emerg. eff. June 22, 1971; Laws 1972, c. 252, § 5, emerg. eff. April 7, 1972; Laws 1986, c. 218, § 27, emerg. eff. June 9, 1986; Laws 1988, c. 87, § 4, operative July 1, 1988; Laws 1996, c. 42, § 1, eff. July 1, 1996; Laws 2000, c. 314, § 23, eff. July 1, 2000; Laws 2021, c. 436, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.14. Taxes as payment on account.

All taxes deducted and withheld by an employer pursuant to Section 2385.2 and all taxes paid to the Tax Commission by taxpayers hereunder shall be deemed and credited as payments on account of the tax levied on income for the taxable year.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2343 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.15. Administration.

The administration of the provisions of Sections 2385.1 through 2385.19, inclusive, is vested in the Tax Commission. All forms necessary and proper for the enforcement of such provisions shall be prescribed and furnished by the Tax Commission, and the Tax Commission may promulgate rules and regulations to enforce such provisions, if not inconsistent with such provisions, as may be reasonably necessary to make practical the administration thereof, including the use of a bracket or tables closely approximating the amount required to be withheld under the provisions of Section 2385.2. In cases where employers have difficulty in determining the exact amount of wages earned by employees in this State, the Tax Commission may enter into an agreement with such employers as may be deemed most practical.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2344 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.16. Deposit of payments - Refunds - Method of refunds.

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 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.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2345 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1985, c. 15, § 3, emerg. eff. April 11, 1985; Laws 1988, c. 204, § 15, operative July 1, 1988; Laws 1992, c. 28, § 1, emerg. eff. April 2, 1992; Laws 2004, c. 535, § 14, eff. Nov. 1, 2004; Laws 2011, c. 364, § 4; Laws 2020, c. 140, § 1, emerg. eff. May 21, 2020.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.17. Refund - Credit against estimated income tax - Necessity for withholding certificate - Effect of refund.

Any amount withheld or paid by estimate in excess of the amount due shown by a return filed by any employee shall be refunded to said employee. The Tax Commission shall prescribe regulations providing for the crediting against the estimated income tax for any taxable year of the amount determined by the taxpayer or Tax Commission to be an overpayment of the income tax for a preceding taxable year. In order to obtain a credit against the tax due or a refund, said employee shall attach to his return a legible copy of the withholding certificate required to be furnished to said employee by his employer, as provided for by Section 2385.3 of this title. The Tax Commission may delay making any refund until such time as the claim may be verified by audit, or if the employee is delinquent in the filing of prior returns. The making of any refund shall not be a conclusive finding of the tax due by any individual but shall be made subject to the future audit of his return and the determination of his liability.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2346 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971. Amended by Laws 1978, c. 198, § 2, eff. July 1, 1978; Laws 1983, c. 275, § 12, emerg. eff. June 24, 1983; Laws 1986, c. 218, § 28, emerg. eff. June 9, 1986.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.18. Procedures and remedies.

In administering the withholding tax required by the foregoing provisions, except when specific provisions require otherwise, the Tax Commission shall follow other provisions of this Article, insofar as the same can be followed and applied, and it is specifically provided that in all other instances the procedures and remedies contained in Article 2 of this Code, in connection with the making of assessments and the enforcement and collection thereof, the penalties and interest to be applied, all lien and tax warrant provisions, all incidental remedies including proceedings for an injunction, and any and all other provisions contained in Article 2 which may be applied or used to enforce the provisions hereof, shall be available and applicable to the same extent as if same were made a part hereof.
Added by Laws Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2347 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.19. Agreement with Treasury Secretary of United States.

The Tax Commission is hereby authorized and directed to make an agreement with the Secretary of the Treasury of the United States with respect to withholding of income tax as provided by this Article, pursuant to an Act of Congress, 66 Stat. 765, Ch. 940; Pub. L. 587; 5 USCA Sections 84b, 84c, July 17, 1952, and Executive Order No. 10407, 17 F.R. 10132, November 7, 1952.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2348 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.20. Lists of persons filing tax returns.

Notwithstanding the provisions of a section of the Uniform Tax Procedure Act, as same now exists or as same may hereafter be amended, making the records and files of the Oklahoma Tax Commission relating to all state tax laws privileged and confidential, the Oklahoma Tax Commission shall as soon as practicable in each year cause to be prepared and made available to the public inspection in the offices of the Oklahoma Tax Commission in Oklahoma City, Oklahoma, in such manner as it may determine, lists containing the name and post-office address of each person, whether individual, corporate or otherwise, making and filing an income tax return with the Oklahoma Tax Commission.
It is specifically provided that no liability whatsoever, civil or criminal, shall attach to any member of the Oklahoma Tax Commission or any employee thereof, for any error or omission of any name or address, in the preparation and publication of said list.
It is further provided that the provisions of this act shall be strictly interpreted and shall not be construed as permitting the disclosure of any other information contained in the records and files of the Tax Commission relating to income tax or to any other taxes.
Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965. Renumbered from § 2349 of this title by Laws 1971, c. 137, § 32, emerg. eff. May 11, 1971.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.23. Employer's surety bond.

A. The Oklahoma Tax Commission may require every employer who is delinquent or becomes delinquent in the withholding and remitting of taxes as required by the provisions of Sections 2385.1 through 2385.22 of Title 68 of the Oklahoma Statutes to furnish to the Tax Commission a bond from a surety company chartered or authorized to do business in this state, cash bond, certificates of deposits, certificates of savings or U.S. Treasury bonds, or an assignment of negotiable stocks or bonds, as the Tax Commission may deem necessary to secure the withholding and remitting of taxes levied pursuant to the Oklahoma Income Tax Act.
B. Any surety bond furnished pursuant to this section shall be a continuing instrument and shall constitute a new and separate obligation in the sum stated therein for each calendar year or a portion thereof while such bond is in force. Such bond shall remain in effect until the surety or sureties are released and discharged by the Tax Commission.
C. The Tax Commission shall fix the amount of such bond or other security required in each case after considering the estimated tax liability of such employer. Such bond shall not be greater than an amount equal to three times the amount of the average quarterly tax liability of such employer. Any bond or security shall be such as will protect this state against failure of an employer to withhold and remit the taxes levied pursuant to the Oklahoma Income Tax Act.
Added by Laws 1986, c. 218, § 29, emerg. eff. June 9, 1986.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.24. State, county and municipal retirement systems - Withholding.

Beginning July 1, 1989, all state and county retirement systems whose benefits were exempt from state income taxation prior to January 1, 1989, and all municipal retirement systems whose benefits were subject to state income taxation prior to January 1, 1989, shall begin to withhold monies, as required by Sections 2385.1 et seq. of this title, for state income tax purposes from the benefits paid to each member of the retirement systems, unless the member requests the retirement system not to withhold monies for state income tax purposes.
Added by Laws 1989, c. 249, § 40, emerg. eff. May 19, 1989.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.25. Definitions.

As used in this section through Section 2385.28 of this title:
1. “Oil” and “gas” shall be defined as such terms are defined in Section 1001.2 of this title;
2. “Remitter” means any person who distributes revenue to royalty interest owners; and
3. “Royalty interest owner” means any person who retains a non-working interest in oil or gas production.
Added by Laws 2000, c. 315, § 6, eff. Oct. 1, 2000. Amended by Laws 2001, c. 402, § 3, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.26. Royalty interest owner - Withholding and deducting - Exceptions.

A. Each remitter, except as otherwise provided in subsection B of this section, shall deduct and withhold from each payment being made to any royalty interest owner in respect to production of oil and gas in this state, but not including that to which the remitter is entitled, an amount equal to the highest Oklahoma marginal individual income tax rate pursuant to Section 2355 of this title of the gross amount which would have otherwise been payable to the person entitled to the payment.
B. The obligation to deduct and withhold from payments as provided in subsection A of this section does not apply to those payments which are made to:
1. Current or permanent residents of Oklahoma;
2. The United States, this state or any state or federal agency or political subdivision;
3. Any charitable institution;
4. Any federally recognized Indian tribe; or
5. A publicly-traded partnership as defined by Section 7704 (b) of the Internal Revenue Code, 26 U.S. Code 7704 (b), that is treated as a partnership for federal tax purposes under Section 7704 (c) of the Internal Revenue Code, 26 U.S. Code 7704 (c), or its publicly-traded partnership affiliates. As used in this paragraph, "publicly-traded partnership affiliates" shall include any limited liability company or limited partnership for which at least eighty percent (80%) of the limited liability member interests or limited partnership interests of which are owned directly or indirectly by the publicly-traded partnership.
The obligation to deduct and withhold from payments as provided in subsection A of this section does not apply if the remitter and the royalty interest owner are the same person.
C. Any royalty interest owner from whom an amount is withheld pursuant to the provisions of subsection A of this section, or if the royalty interest owner is not liable to the State of Oklahoma for income taxes, any person to whom a royalty interest owner subsequently distributes royalty payments with respect to which an amount is withheld pursuant to the provisions of subsection A of this section, and who files an income tax return with this state is entitled to a credit against the tax as shown on the return for the amount withheld by the remitter under subsection A of this section. If the amount withheld is greater than the tax due on the return, the person filing the return shall be entitled to a refund in the amount of the overpayment.
Added by Laws 2000, c. 315, § 7, eff. Oct. 1, 2000. Amended by Laws 2001, c. 402, § 4, eff. July 1, 2001; Laws 2006, c. 327, § 7, eff. July 1, 2006; Laws 2017, c. 78, § 1, eff. Nov. 1, 2017; Laws 2022, c. 114, § 5, eff. July 1, 2022.
2023 Oklahoma Statutes › Title 68. Revenue and Taxation › §68-2385.27. Payments - Due dates - Returns

A. Any remitter required to deduct and withhold any amount under Section 7 of this act shall pay to the Oklahoma Tax Commission the amounts required to be deducted and withheld as follows:
1. For payments made to royalty interest owners during the months of January, February and March, the withholding amounts shall be due on or before April 30;
2. For payments made to royalty interest owners during the months of April, May and June, the withholding amounts shall be due on or before July 30;
3. For payments made to royalty interest owners during the months of July, August and September, the withholding amounts shall be due on or before October 30; and
4. For payments made to royalty interest owners during the months of October, November and December, the withholding amounts shall be due on or before January 30 of the succeeding calendar year.
B. The remitter shall file a return with each payment to the Tax Commission. The return, in a form prescribed by the Tax Commission, shall show the amount of total royalty payments made subject to withholding under Section 7 of this act and the amount of the payment withheld.
C. Every remitter required under Section 7 of this act to deduct and withhold an amount from payments made during a calendar year shall furnish by January 31 of the succeeding year to the person to whom such payment was made and to the Tax Commission a written statement showing the name of the remitter, the name of the recipient of the royalty payment, the recipient’s social security number or federal identification number, the amount of royalty payments made, the amounts withheld, and any such other information as the Tax Commission may require.
D. If the Tax Commission, in any case, has justifiable reason to believe that the collection of the amount provided for in Section 7 of this act is in jeopardy, the Tax Commission may require a remitter to file a return and pay the withheld amounts at any time.
E. All amounts received by the Tax Commission pursuant to the provisions of Sections 6 through 9 of this act shall be deposited as provided in Section 2385.16 of Title 68 of the Oklahoma Statutes. Except as otherwise provided in Sections 6 through 9 of this act, such amounts shall be treated as other amounts withheld under the provisions of Section 2385.1 of Title 68 of the Oklahoma Statutes.
Added by Laws 2000, c. 315, § 8, eff. Oct. 1, 2000.