reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 45 - Gross Production › Subchapter 15 - Reclaimers and Reclaiming Operations › Section 710:45-15-4 - License limited; strict source compliance; recordkeeping

Current through Vol. 41, No. 20, July 1, 2024
(a) No person or
				firm, by reason of being licensed as a reclaimer, shall be authorized to engage
				in the purchase of oil or other liquid hydrocarbons other than tank bottoms
				from any oil or gas lease in this state. Any reclaimer purchasing or picking up
				tank bottoms from anylease shall be required to receive and keep for the
				inspection by the Tax Commission a copy of the pipeline purchaser's turndown
				ticket for such load or a signed, dated statement by the lease operator that
				such load consisted of tank bottoms, as determined by a grind-out test, of less
				than pipeline quality. Such statement shall show the date of the transportation
				of the load, the volume, BS&W content and the name and address of the
				person or firm to whom the load was given or sold.
(b) No person or firm, by reason of being
				licensed as a reclaimer, shall purchase or take into his possession, any
				petroleum or other crude oil, mineral oil or other liquid hydrocarbon except
				from the following sources:
(1) a lease as
				described in (a) of this Section,
(2) a petroleum transporter licensed by the
				Oklahoma Tax Commission,
(3)
				another licensed reclaimer,
(4) a
				purchaser of oil or gas who has been approved and assigned a purchaser
				reporting number by the Oklahoma Tax Commission, or
(5) an out-of-state shipper.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 45 - Gross Production › Subchapter 15 - Reclaimers and Reclaiming Operations › Section 710:45-15-5 - Computation of gross production tax by reclaimers

Current through Vol. 41, No. 20, July 1, 2024
The Gross Production and Petroleum Excise Taxes shall be
				  computed on the value of the first actual cash sale of reclaimed oil. The gross
				  value of tank bottoms purchased by a reclaimer shall be the price paid the
				  seller before deduction of Gross Production and Petroleum Excise Taxes. The net
				  amount received by the seller shall be considered to have had taxes deducted.
				  The gross value of oil received by a reclaimer for services rendered or oil
				  recovered at a disposal pit or well shall be the amount received by the
				  reclaimer from its sale. Before computing Gross Production and Petroleum Excise
				  Taxes on such oil, the reclaimer may deduct his actual treating cost from the
				  sale price. Cost allowed to be deducted shall be limited to the cost of
				  chemicals and boiler fuel used in treating the oil and the labor used in the
				  actual treating. There shall be no cost deduction allowed for oil upon which no
				  tax is paid or upon which the gross value is the purchase price paid by the
				  reclaimer. [
See:
68 O.S. §
									1015.1
				  ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 45 - Gross Production › Subchapter 15 - Reclaimers and Reclaiming Operations › Section 710:45-15-6 - Reports and payment; due dates for reclaimers

Current through Vol. 41, No. 20, July 1, 2024
The operators of reclaiming plants, including disposal
				  facilities, shall be required to remit the gross production and petroleum
				  excise taxes on all oil coming into their possession except where such taxes
				  have previously been paid or when it can be shown that such oil was not subject
				  to tax for reason of being exempt by law or having been produced in another
				  state. Taxes shall be due on oil purchased by a reclaimer on the first day of
				  the month following the month of purchase. Taxes shall be due on oil recovered
				  from water at a disposal facility the first day of the month following the
				  month it was sold by the reclaimer who recovered it. The tax shall become
				  delinquent if not received by the Tax Commission on or before the twenty-fifth
				  (25th) day of the second month in which it became due. Reclaimer's Monthly
				  Gross Production Tax Report (OTC Form 341) and Reclaimer's and Transporters
				  Monthly Tax Report of Oil Transported, Stored and Sold (OTC Form 323-A) are due
				  on the same date as the tax and shall be delinquent if not received by the
				  twenty-fifth (25th) day of the second month following the month in which it
				  becomes due.
Amended at 22 Ok Reg
				  1531, eff 6-11-05
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 45 - Gross Production › Subchapter 15 - Reclaimers and Reclaiming Operations › Section 710:45-15-7 - Penalties for reclaimers

Current through Vol. 41, No. 20, July 1, 2024
Penalties shall apply to all late filing or non-filing of
				  reports required of reclaimers and any failure or refusal to supply any
				  information relative to their operation demanded by the Commission. Any
				  violation of the Gross Production Tax Code may also subject the reclaimer to
				  prosecution and penalty. The Commission may cancel or refuse to renew or
				  reinstate any license of any reclaimer found to be in violation of any tax law
				  of the State of Oklahoma or of any rule of the Oklahoma Tax Commission.
				  [
See:
68 O.S. §§
									1010(d),
				  1017
				  ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 1 - General Provisions › Section 710:50-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Chapter have been promulgated for the
				  purpose of compliance with the Oklahoma Administrative Procedures Act, 75 O.S.
				  §§
									250. 1 et
				  seq, and to facilitate the administration, enforcement, and collection of taxes
				  and other levies enacted by the Oklahoma Legislature with respect to
				  income.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 1 - General Provisions › Section 710:50-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Commission"
means the Oklahoma Tax
				  Commission.
"OTC"
means the Oklahoma Tax Commission.
"OTC Form"
means a form required by the Oklahoma
				  Income Tax Code.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 1 - General Provisions › Section 710:50-1-4 - Confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inquiry.
Information can be given only to the taxpayer/taxpayers
				named on the return.
(b)
Address correction.
A written notification is required from the
				taxpayer/taxpayers for an address correction.
(c)
Social Security Number
				correction.
If an incorrect Social Security Number has been used in
				filing an individual return, a written statement is required from the taxpayer
				showing the correct Social Security Number and the taxpayer's name.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 1 - General Provisions › Section 710:50-1-5 - Public records

Current through Vol. 41, No. 20, July 1, 2024
The annual list of persons making and filing an Oklahoma
				  income tax return shall be made available for public inspection in the Taxpayer
				  Resource Center during the normal working hours of the Tax Commission.
				  [
See:
68 O.S. §§ 205(D), 2385.20]
Amended at 15 Ok Reg
				  2811, eff 6-25-98
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 1 - General Provisions › Section 710:50-1-6 - Requests for copies of income tax returns and associated documents

Current through Vol. 41, No. 20, July 1, 2024
The Tax Commission will provide, to any taxpayer or to his
				  designated representative, copies of the taxpayer's return and/or accompanying
				  documents in accordance with the procedures set out in this Section.
(1) Requests shall be made either in writing,
				to the Income Tax Accounts Division, or in personat the Taxpayer Resource
				Center.
(2) If the request is in
				writing it must be signed by the taxpayer involved, or if the request is from a
				taxpayer's representative it must be accompanied by an authorization signed by
				the taxpayer.
(3) If the request is
				in person the taxpayer must have a valid identification, or in the case of a
				taxpayer's representative the representative must have an authorization signed
				by the taxpayer.
Amended at 15 Ok Reg
				  2811, eff 6-25-98
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 1 - General Provisions › Section 710:50-1-7 - Copying fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Copies of
				returns will cost the following:
(1) One or
				two years - $2.00
(2) Three years -
				$2.75
(3) Four years -
				$3.50
(4) Five years -
				$4.25
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-1 - Who must file an Oklahoma individual income tax return

Current through Vol. 41, No. 20, July 1, 2024
(a)
Resident taxpayers.
Effective for tax year 2017 and subsequent tax years, every resident individual
				  taxpayer with the following filing status shall file an Oklahoma individual
				  income tax return if their gross income exceeds the following amounts:
(1) Taxpayers filing as married joint,
				  $14,700.00;
(2) Taxpayers filing as
				  single or married separate, $7,350.00;
(3) Taxpayers filing as head of household,
				  $10,350.00; and
(4) Taxpayers
				  filing as a qualifying widow with a dependent child, $13,700.00.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-2 - Verification of joint reports or returns

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Sections 245 and 2368(H) of the Oklahoma
					 Statutes, Income Tax Returns filed jointly must be signed by both
					 parties.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-3 - Due dates; timely filing of returns

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Income tax returns of individuals are due on the 15th day of the fourth month
				  following the close of the taxable year unless the returns are filed
				  electronically. If the individual income tax returns are filed electronically,
				  the returns are due on the 20th day of the fourth month following the close of
				  the taxable year. This change to the due date will be effective for tax year
				  2007 returns and subsequent tax years.
(b) If the Internal Revenue Code provides for
				  a later due date for returns of individual filers, the Oklahoma income tax
				  returns may be filed by the later due date and will be considered timely filed.
				  This change to the due date will be effective for tax year 2007 returns and
				  subsequent tax years.
(c) To be
				  considered timely filed, income tax returns are to be filed with and received
				  by the Oklahoma Tax Commission at 123 Robert S. Kerr Ave, Oklahoma City, Ok.
				  73102 on or before the statutory filing date. However, dates placed on returns
				  by the Oklahoma Tax Commission corresponding to postmarks that indicate timely
				  mailing will be accepted as timely filed. In the case of electronically filed
				  returns, any payment of taxes due on the 20th day of the fourth month following
				  the close of the taxable year must also be remitted electronically in order to
				  be considered timely paid. If balances due on electronically filed returns are
				  not remitted to the Oklahoma Tax Commission electronically, penalty and
				  interest will accrue from the 15th day of the fourth month following the close
				  of the taxable year.
Amended at 25 Ok Reg
					 728, eff 12-27-07 (emergency); Amended at 25 Ok Reg 2056, eff
					 7-1-08
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-4 - Extension of time for filing returns

Current through Vol. 41, No. 20, July 1, 2024
A valid extension of time in which to file a Federal
					 Income Tax Return automatically extends the due date of the Oklahoma Income Tax
					 Return, unless an Oklahoma liability is owed. A copy of the Federal extension
					 must be attached to the Oklahoma Return. If the due date for filing the Federal
					 Return is not extended or if an Oklahoma liability is owed, an extension of
					 time to file the Oklahoma Return may be granted only by OTC Form 504. Ninety
					 percent (90%) of the tax liability must be paid by the original due date for
					 the return to avoid penalty charges for late payment. Interest will be charged
					 from the original due date of the return.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-5 - Withholding certificate

Current through Vol. 41, No. 20, July 1, 2024
(a) Where the
				  W-2 shows Oklahoma wages and withholding in error, the taxpayer must attach a
				  letter, from the person or entity that issued the W-2, stating the correct
				  Oklahoma wages and withholding.
(b)
				  When the taxpayer is unable to obtain the original W-2 from the employer, a
				  copy of the Federal substitute wage statement filed with the Federal Return
				  shall be filed with the Oklahoma Return. This statement shall show Oklahoma
				  withholdings. [
See:
68 O.S. §
										2385.
				  17]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-6 - Amended returns for individuals

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  If a resident taxpayer is required or elects to file an individual amended
				  Oklahoma income tax return for tax years prior to 2013, OTC Form 511X must be
				  submitted. For tax years 2013 and subsequent, if a resident taxpayer is
				  required or elects to amend an individual Oklahoma income tax return, OTC Form
				  511 must be used and the appropriate box indicating that the return is an
				  amended return must be marked.
(b)
				  Part-year residents and nonresidents must use OTC Form 511NR and indicate the
				  return is an amended return by marking the appropriate box.
(c) Whenever an individual Oklahoma income
				  tax return is amended, items listed in (1) through (3) of this subsection
				  should be attached or an explanation if the item is not applicable:
(1) A copy of the amended federal income tax
				  return, or a copy of the Federal Form 1040X, or Federal Form 1045,
(2) Proof that Internal Revenue Service has
				  accepted the claim, such as a copy of the statement of adjustment, any
				  correspondence from Internal Revenue Service, or a copy of the deposit slip of
				  the federal refund,
(3) Supporting
				  documents for any adjustments to federal adjusted gross income to support each
final
adjusted amount.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-7 - Duplicate returns

Current through Vol. 41, No. 20, July 1, 2024
If a refund is not processed in a reasonable amount of
					 time, a duplicate Income Tax Return should not be filed until the taxpayer is
					 advised to do so by a representative of the Oklahoma Tax
					 Commission.
Amended at 15 Ok Reg
					 2811, eff 6-25-98; Amended at 18 Ok Reg 2810, eff
					 6-25-01
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-8 - Adjustments by the Internal Revenue Service

Current through Vol. 41, No. 20, July 1, 2024
(a) If any taxpayer's Federal Income Tax
				  Return is adjusted, an Amended Oklahoma Income Tax Return must be filed within
				  one year. All supporting documentation must be enclosed with an Oklahoma
				  Amended Income Tax Return for the tax year involved. Upon request, the taxpayer
				  must furnish a complete copy of the Federal Income Tax Return, including all
				  schedules, to enable the Tax Commission to determine the correct Oklahoma tax.
				  A recomputation of taxable income under I.R.C. § 1341(a)(5)(B) shall
				  constitute an adjustment to taxable income for the year the income was
				  initially received.
(b) The
				  Commission has two (2) years from the date the return or notice was filed to
				  make an assessment or refund and not thereafter, unless a waiver is agreed to
				  and signed by the Commission and the taxpayer.
(c) In the event of failure by a taxpayer to
				  comply with the requirement set out in (a) of this Section, the statute of
				  limitations is tolled until the Amended Oklahoma Income Tax Return is actually
				  furnished.
(d) When the Internal
				  Revenue Service changes the Federal Income Tax Return by issuing its final
				  determination, the Tax Commission shall have the authority to audit each and
				  every item of income, deduction, credit or any other matter related to the
				  return, where such items or matters relate to allocation or apportionment
				  between the State of Oklahoma and some other state or the federal government,
				  even if such items or matters were not affected by revisions made in such final
				  determination. Where such items or matters do not relate to allocation or
				  apportionment between the State of Oklahoma and some other state or the federal
				  government, the Tax Commission shall be bound by the revisions made in such
				  final determination. [
See:
68 O.S. §
										2375
				  ]
Amended at 11 Ok Reg
					 555, eff 11-10-93 (emergency); Amended at 11 Ok Reg 3497, eff 6-26-94; Amended
					 at 13 Ok Reg 3105, eff 7-11-96; Amended at 18 Ok Reg 2810, eff 6-25-01; Amended
					 at 22 Ok Reg 1532, eff 6-11-05
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 1 - GENERAL INFORMATION › Section 710:50-3-9 - Amended Oklahoma return under federal claim of right adjustment

Current through Vol. 41, No. 20, July 1, 2024
(a) Section 1341 of
				  the Internal Revenue Code allows taxpayers who make repayments of income which
				  were received under claim of right in a prior year to take a federal deduction
				  or claim a federal tax credit for the taxable year in which the repayment was
				  made. The Oklahoma Income Tax Code contains no parallel claim of right
				  provision which would allow a credit or deduction in the year of repayment.
				  [
See
OTC Order No. 89-11-14-10 (Precedential) and OTC Order No.
				  91-02-22-013 (Precedential).]
(b)
				  If a taxpayer receives a credit under I.R.C. § 1341(a)(5) on its federal
				  income tax return for the year in which the repayment was made, Oklahoma will
				  recognize a recomputation of federal adjusted gross income for the year(s) the
				  income was initially received under claim of right. This recomputation allows
				  the taxpayer to amend its Oklahoma return(s) for the year(s) the income was
				  initially received to exclude from federal adjusted gross income the amount of
				  income repaid. Taxpayer must attach to its amended return(s) a claim of right
				  worksheet showing the recomputation of adjusted gross income for the year(s) in
				  which the income was initially received. [
See
OTC Order No.
				  94-02-24-010.]
(c) When a
				  taxpayer's federal taxable income is recomputed for a prior year as described
				  in (b) of this Section. an amended Oklahoma income tax return for the year(s)
				  in which the income was initially received must be filed within one (1) year
				  from the date the federal return claiming the Section 1341 credit was
				  filed.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 3 - LIABILITY; PENALTIES › Section 710:50-3-20 - Person liable; definition

Current through Vol. 41, No. 20, July 1, 2024
The phrase
"Any person, or any member of any firm or
					 association, or any official, agent or employee of any corporation..."
shall include, but not be limited to, the person who, in the normal course of
					 business, is responsible for the daily accounting or recordkeeping, reporting,
					 preparation of financial statements, custodian of records, or who has
					 supervisory responsibility for any of the persons or duties described. These
					 terms shall also include all officers or directors involved to any extent in
					 the daily operation of the business, or in any way with the management of the
					 business or financial decision making process. It shall also include any person
					 filing an Oklahoma Income Tax Return, or, in the determination of a filing
					 requirement, any person who the Commission has reason to believe is required to
					 file an Oklahoma Income Tax Return. [
See:
68 O.S. §§
										206,
					 243
					 ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 3 - LIABILITY; PENALTIES › Section 710:50-3-21 - Penalty for filing insufficient or spurious information; no response to impermissible inquiries

Current through Vol. 41, No. 20, July 1, 2024
(a) For the purposes
				  of this Subchapter, a return shall be considered to be in
"not
				  processible form"
if it does not contain sufficient information to
				  properly determine the accuracy and correctness of any and all claims. This is
				  intended to include all applicable schedules from Federal Income Tax Returns,
				  or any other documentary evidence deemed necessary by the Tax Commission to
				  properly administer or enforce any state tax law. This may also include any
				  statements or claims that the taxpayer is not subject to tax, that Federal
				  Reserve Notes do not carry the same value as dollars, assertions of 5th
				  Amendment Rights, the substitution of the word "Object" or "Objection" for any
				  number required on any income tax form, or any other similar claim or scheme.
(b) It shall be the policy of the
				  Tax Commission to not respond to telephone inquiries or correspondence from a
				  taxpayer which contains questions of a nature, or state a position, which, if
				  included in, or on, an Income Tax Return, would subject the taxpayer to penalty
				  imposed by Statute. [
See:
68 O.S. §
										247
				  ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 3 - LIABILITY; PENALTIES › Section 710:50-3-22 - Commission may compel information, books, records

Current through Vol. 41, No. 20, July 1, 2024
The Tax Commission may request or demand, and the taxpayer,
					 or its duly authorized agent or representative, shall furnish, any information
					 the Tax Commission shall deem necessary to determine the amount of any income
					 tax liability or the requirement to file any tax return, whether such return
					 shall indicate an amount of tax due or not. [
See:
68 O.S. §
										248
					 ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 3 - LIABILITY; PENALTIES › Section 710:50-3-23 - Penalty for fraud

Current through Vol. 41, No. 20, July 1, 2024
(a) The 50% penalty
				  for fraud imposed by statute is computed on the amount of tax determined to be
				  due, and is in addition to any other penalties which may be imposed by
				  law.
(b) The following action or
				  inaction by the taxpayer may result in the imposition of a penalty of 50% for
				  fraud:
(1) Continued failure to file Oklahoma
				  Income Tax Returns;
(2) Filing
				  false tax returns;
(3) Filing
				  frivolous tax returns;
(4) Other
				  action or inaction tending to evidence an intent to defraud the State or evade
				  tax. However, evidence of fraud by the taxpayer is not limited to the factors
				  listed in this Section.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 3 - LIABILITY; PENALTIES › Section 710:50-3-24 - Failure to file; evidence of fraud; criminal prosecution

Current through Vol. 41, No. 20, July 1, 2024
(a) Failure to file an Oklahoma income tax
				  return, when the files and records of the Commission indicate a prior knowledge
				  of the requirement to file an income tax return, shall be evidence of intent to
				  defraud the state and evade the payment of taxes.
(b) Any attempt by the Commission to collect
				  any tax, penalty or interest which may be due in a case where a return which
				  was required to be filed, and which was not filed within the time required,
				  shall not be deemed to be an action taken in lieu of prosecution, but rather an
				  action taken in addition to any prosecution for the violation of state tax
				  laws.
(c) In cases where the
				  Commission deems it appropriate, violators of the state tax laws may be
				  prosecuted as provided by law. [
See:
68 O.S. §§
										240.1,
				  241,
				  2377
				  ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 3 - LIABILITY; PENALTIES › Section 710:50-3-25 - Additional penalty for criminal violations

Current through Vol. 41, No. 20, July 1, 2024
The penalty imposed by statute for a criminal violation of
					 the Oklahoma Income Tax Code shall be based on the amount of tax, penalties,
					 and interest determined in criminal action to be due. For collection purposes,
					 this penalty shall not be recomputed as additional interest continues to
					 accure, but shall remain the same as was computed at the time it was imposed.
					 [
See:
68 O.S. §
										259
					 ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-35 - Filing status and elections

Current through Vol. 41, No. 20, July 1, 2024
For the purpose of determining any income tax liability, a
					 taxpayer's filing status, and any elections, such as itemized deductions
					 (subject to the limitations in OAC
					 710:50-15-50 ), shall
					 be the same as on the Federal Income Tax Return. In cases where no return has
					 been filed, any information made available by the I.R.S., whether a Revenue
					 Agents Report (R.A.R.), or other related return information, shall constitute
					 the filing status and elections for the purpose of the determination,
					 assessment, and collection of any Oklahoma Income Tax
					 liability.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-36 - Residency

Current through Vol. 41, No. 20, July 1, 2024
(a) An Oklahoma
				  resident is a person domiciled in this state.
"Domicile"
is the
				  place established as a person's true, fixed, and permanent home. A domicile,
				  once established, remains until a new one is established.
(b) One is presumed to retain his Oklahoma
				  residency if he has:
(1) An Oklahoma
				  Homestead Exemption;
(2) His family
				  remains in Oklahoma;
(3) He retains
				  an Oklahoma drivers license;
(4) He
				  intends to return to Oklahoma; or
(5) He has not abandoned his Oklahoma
				  residence.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-37 - Military residency

Current through Vol. 41, No. 20, July 1, 2024
If a taxpayer was a resident of Oklahoma at the time of
					 entrance into military service, assignment to duty outside Oklahoma does not,
					 of itself, change the state of residence. An Oklahoma Income Tax Return should
					 be filed as a resident of Oklahoma until such time as a permanent residence in
					 another state is established.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-38 - Nonresidents; who must file

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				  nonresident is required to file an Oklahoma Income Tax Return Form 511NR if
				  $1,000.00 of gross receipts is from Oklahoma sources.
(b) A return is required to establish a loss
				  year, even though gross receipts may be less than $1,000.00.
(c) Employees of interstate carriers
				  (including railroads) are only subject to state income tax of the state of
				  residence of said employee. [
See:
49 U.S.C.A. §§ 11502
				  and 14503 ]
Amended at 17 Ok Reg
					 2669, eff 6-25-00
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-39 - Part-year resident

Current through Vol. 41, No. 20, July 1, 2024
An Oklahoma Income Tax Return Form 511NR must be completed
					 and filed by those individuals who move into or out of the State of Oklahoma
					 during the year.
Amended at 17 Ok Reg
					 2669, eff 6-25-00
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-40 - Husbands and wives

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing
				  methods of married taxpayers, where one is resident and the other is
				  non-resident.
Married taxpayers who file a joint federal return, where
				  one spouse is an Oklahoma resident (civilian or military), and the other is a
				  nonresident civilian (non-military), must file using one of the following
				  methods:
(1)
File as Oklahoma residents,
				  married, filing separately.
The Oklahoma resident, filing a joint
				  Federal return with a nonresident civilian spouse, may file their Oklahoma
				  return as "married, filing separately". If the nonresident civilian spouse has
				  an Oklahoma filing requirement, OTC Form 511NR is to be utilized for filing
				  purposes, using "married, filing separately" rate charts, and reporting only
				  the nonresident civilian's income and deductions. The resident spouse will file
				  on OTC Form 511, using the "married, filing separately" rates, and reporting
				  only his or her income and deductions. OTC Form 574 "Allocation of Income and
				  Deductions" must be filed with the return(s).
(2)
File as though both spouses were
				  residents.
The spouses may file as if both the resident and the
				  nonresident civilian were Oklahoma residents, on OTC Form 511, using the
				  "married, filing jointly" filing status, and reporting all the income. A tax
				  credit (OTC Form 511TX) may be used to claim credit for taxes paid to the other
				  state, if applicable, under this method. A statement should be attached to the
				  return stating that the nonresident is filing as a resident for tax purposes
				  only.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-41 - Deceased taxpayer

Current through Vol. 41, No. 20, July 1, 2024
If a taxpayer died during the tax year (or following year
					 before filing a return for the tax year), the executor, administrator or
					 surviving spouse must file an Oklahoma Income Tax Return for the decdent. Enter
					 the date of death following the first name of decedent.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-42 - Exempt organizations

Current through Vol. 41, No. 20, July 1, 2024
Generally an organization exempt from Federal income
					 taxation is exempt from Oklahoma income taxation. [
See:
68 O.S.
					 §
										2359
					 ]
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-43 - Charitable organization and solicitor registration [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
					 2699, eff 6-26-97
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-44 - Accounting periods and methods

Current through Vol. 41, No. 20, July 1, 2024
The taxpayer must use the same accounting periods and
					 methods as used for Federal Income Tax purposes. There must be an Oklahoma
					 Income Tax Return filed for every Federal Return filed, using the same period
					 as used on the Federal Return. The taxpayer may not combine two or more Federal
					 short periods into one Oklahoma Return.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-45 - Verification of signatures on electronically-filed returns

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
Section
				  2368 of the Oklahoma Statutes requires that any return must be verified by a
				  written declaration that it is made under penalties of perjury and further,
				  authorizes the Tax Commission to promulgate rules to provide procedures for
				  verification of signatures on returns which are filed electronically.
(b)
Authentication.
For Oklahoma
				  income tax purposes, the Tax Commission will permit a taxpayer to sign any
				  electronically-filed return pursuant to the Oklahoma Income Tax Code using any
				  electronic signature method authorized by the Internal Revenue Service (IRS).
				  Use of an electronic signature will only be allowed on a joint federal/state
				  return or a linked electronically-filed return and will not be allowed on a
				  state-only or unlinked return.
(c)
Verification.
For purposes of verifying the information provided
				  by a taxpayer filing electronically, as required by Section 2368 of the
				  Oklahoma Income Tax Code, completion of the electronic filing process operated
				  by the Internal Revenue Service, shall serve as verification of the information
				  provided by the taxpayer during the transmission.
Added at 17 Ok Reg
					 2669, eff 6-25-00; Amended at 27 Ok Reg 2281, eff 7-11-10; Amended at 28 Ok Reg
					 935, eff 6-1-11
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-46 - Electronic filing requirement for tax return preparers

Current through Vol. 41, No. 20, July 1, 2024
All individual income tax returns, prepared by a specified
					 tax return preparer and filed after December 31, 2010, shall be filed
					 electronically. The term "specified tax return preparer" has 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 a claim for refund is
					 deemed to be the preparation of the entire return or claim for refund.
[68 O.S. §
										2385
					 ]
Added at 21 Ok Reg
					 2571, eff 6-25-04; Amended at 27 Ok Reg 2281, eff
					 7-11-10
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 5 - FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS › Section 710:50-3-47 - Pass-Through Entity Tax Equity Act of 2019

Current through Vol. 41, No. 20, July 1, 2024
(a) An entity that is required to file either
				  an Oklahoma partnership income tax return or an Oklahoma Subchapter S corporate
				  income tax return may elect to pay income tax at the entity level, effective
				  for tax year 2019 and subsequent tax years by filing a pass-through entity
				  (PTE) election. [(68 O.S. § 2355.IP-1 et seq.]
(b) A PTE election may be made by a
				  qualifying PTE at any time during the preceding tax year or two (2) months and
				  fifteen (15) days after the beginning of the current tax year by filing OTC
				  Form 586. The Oklahoma Tax Commission shall send an acknowledgement letter to
				  each PTE that files a pass-through entity election. Each electing PTE shall
				  provide its shareholders, partners or members, with a copy of the Oklahoma Tax
				  Commission acknowledgment letter and advise the shareholder, partner or member
				  of the requirement to attach a copy of the Oklahoma Tax Commission
				  acknowledgment letter to the Oklahoma income tax return of the partner,
				  shareholder or member.
(c) For
				  income distributed to estates, trusts or individuals, electing entities are
				  taxed at the highest marginal individual income tax rate. For income
				  distributed to corporations, electing entities are taxed at the corporate
				  income tax rate. [68 O.S. §2355]
(d) Oklahoma income or losses the electing
				  PTE included in computing its tax will not be used to calculate the Oklahoma
				  taxable income of the partners, members or shareholders of the electing
				  entity.
(e) For tax years beginning
				  on or after January 1, 2020, estimated tax payments shall be required of an
				  electing PTE as provided in 68 0. S. § 2385.9.
(f) A PTE election is binding until revoked
				  by the electing PTE or by the Oklahoma Tax Commission.
(1) An electing PTE may revoke the election
				  by filing OTC Form 586. The effective date of a PTE's revocation of an election
				  made within two (2) months and fifteen (15) days of the electing PTE's taxable
				  year shall be the first day of such taxable year. If the revocation is made
				  after this time period, the revocation is effective on the first day of the
				  following taxable year.
(2) If the
				  amount of tax required to be paid by an electing PTE is not paid when due, the
				  Oklahoma Tax Commission may, in its discretion, revoke the PTE's election
				  effective for the first year for which the tax is not paid.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 7 - OTHER REQUIRED REPORTING › Section 710:50-3-50 - Reports required from persons making payments to taxpayers

Current through Vol. 41, No. 20, July 1, 2024
(a) Oklahoma law
				  requires persons making payments totaling $750 or more annually, to taxpayers
				  to file a report. The required report is to include payments required to be
				  reported by the Internal Revenue Service, unless specifically excluded by the
				  Commission. [
See:
68 O.S. §
										2369(A)
				  ]
(b) Reports may be required in
				  the case of payments of interest upon bonds which are exempt from Federal
				  Taxation, but which are not specifically excluded from Oklahoma Taxation. Any
				  broker transacting any business for any person or individual subject to
				  Oklahoma tax may be required to report the name and address of each person or
				  individual transacting business, a description of the business transacted, and
				  such specific details as the Tax Commission shall deem necessary to determine
				  the true tax liability of any taxpayer. Such reports shall be in a form and
				  manner as the Tax Commission shall require. [
See:
68 O.S.
				  §§
										2358(A)(1),
				  2369(B)
				  ]
(c) Reports are required for
				  production payments as follows:
(1) Although
				  reports for production payments may not have been made previously, they may be
				  required for any time period, regardless of any recordkeeping requirements.
				  [
See:
68 O.S. §
											2369(D)(4)
				  ]
(2) Requirements for the method
				  of reporting production payments shall be set by the Commission as it deems
				  appropriate. Failure of the Commission to notify any person or corporation of
				  its obligation to make a report required by statute shall not relieve that
				  person or corporation of its obligation to do so.
(3) For the purposes of 68 O.S. 2369(D)(4), a
				  report shall be defined as that required for each recipient of payments as
				  defined in
				  710:50-3-52.
(4) Income taxes withheld pursuant to 68 O.S.
				  §
											2385.26
				  shall be reported to the taxpayer on either IRS Form 1099 or Oklahoma Tax
				  Commission Form 500-A.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 7 - OTHER REQUIRED REPORTING › Section 710:50-3-51 - Production payments

Current through Vol. 41, No. 20, July 1, 2024
(a) Amounts of
				  production payments necessitating the reporting requirements of 68 O.S. 2369
				  may be determined by the Commission as it deems appropriate. Under no
				  circumstances shall this amount be less than that required by the Internal
				  Revenue Service.
(b) Reports of
				  production payments shall be made in such a form as the Commission shall
				  prescribe and shall be due to the Oklahoma Tax Commission no later than
				  February 28 for reporting production payments for the preceding calendar
				  year.
(c) Prior to the issuance of
				  an order to withhold production payments, the Commission shall notify any
				  taxpayer deemed to be delinquent that they are required to file an Income Tax
				  Return and that the records of the Commission do not indicate that a return has
				  been filed. This notice shall be deemed to be a demand for the filing of an
				  Oklahoma Income Tax Return. [
See:
68 O.S. §
										2369(D)
				  ]
(d) Failure of the taxpayer to
				  file a return as required by
				  710:50-3-50
				  shall result in an assessment against the taxpayer of an amount determined by
				  information furnished by persons making payments to the taxpayer. This
				  assessment shall be made in accordance with the provisions of the Uniform Tax
				  Procedure Code, and mailed to the address of the taxpayer, as reported by the
				  persons making payments to the taxpayer. In the event the taxpayer does not
				  protest this assessment or pay the taxes due within the time allowed, a tax
				  warrant shall be issued. [
See:
68 O.S. §
										221
				  ]
(e) At such time as an assessment
				  becomes final, a notice shall be mailed to the taxpayer. [
See:
68
				  O.S. §
										2369(D)(3)
				  ]
Amended at 11 Ok Reg
					 555, eff 11-10-93 (emergency); Amended at 11 Ok Reg 3497, eff 6-26-94; Amended
					 at 18 Ok Reg 2810, eff 6-25-01
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 7 - OTHER REQUIRED REPORTING › Section 710:50-3-52 - "Reports," "records" defined

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  For the purposes of assessing penalties set out for refusal or failure to file,
				  the "
reports
" required by statute from persons making production
				  payments means each record, containing the information concerning each
				  individual recipient of payments.
(b) The term "
record
" shall
				  mean each document, if reported on Oklahoma Form 500-A, as amended, or Federal
				  Form 1099, or each individual recipient, if reported on magnetic media or
				  listed on a
"computer listing".
(c) The term
"report"
or
"record"
does not refer cumulatively to all payments made, if made
				  to more than one single recipient. Furthermore, each corporation, if a part of
				  a consolidated group, must separately report for purposes of this subsection,
				  regardless of their filing status for Income Tax Returns.
Amended at 16 Ok Reg
					 2646, eff 6-25-99; Amended at 18 Ok Reg 2810, eff
					 6-25-01
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 7 - OTHER REQUIRED REPORTING › Section 710:50-3-53 - Income tax withholding - oil and gas royalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Effective for royalty payments made on or
				  after October 1, 2000 and before July 1, 2006, any remitter who distributes
				  revenue to a non-resident royalty interest owner is required to deduct and
				  withhold Oklahoma income tax from each payment being made with respect to
				  production of oil and gas in Oklahoma. The amount of income tax to be withheld
				  is six and three-fourth's percent (6.75%) of the gross royalty amount paid.
				  Effective for royalty payments made on or after July 1, 2006, the rate of
				  withholding for any remitter who distributes revenue to a non-resident royalty
				  interest owner is the highest Oklahoma marginal individual income tax rate with
				  respect to production of oil and gas in Oklahoma
(b) For purposes of this Section, "remitter"
				  means any person who distributes revenue to royalty interest owners; "gross
				  royalty" means that amount which is reported for federal income tax purposes on
				  IRS Form 1099; "non-resident royalty interest owner" means any person who is
				  not a current or permanent resident of Oklahoma who retains a non-working
				  interest in oil or gas production; and "oil" and "gas" shall have the meaning
				  as the terms are defined in 68 O.S. § 1001.2. Oil and gas royalty payments
				  made to publicly-traded partnerships as defined by Section 7704 (b) of the
				  Internal Revenue Code that are treated as partnerships for federal tax purposes
				  or its publicly-traded partnership affiliates are not subject to the
				  withholding requirement in subsection (a).
(c) Remitters are required to file an
				  Oklahoma Nonresident Royalty Withholding Tax Return and pay the Oklahoma income
				  tax withheld on a quarterly basis, pursuant to this subsection:
(1) For royalty payments made during January,
				  February, and March, the amount withheld is due no later than April
				  30;
(2) For royalty payments made
				  during April, May, and June, the amount withheld is due no later than July
				  30;
(3) For royalty payments made
				  during July, August, and September, the amount withheld is due no later than
				  October 30; and
(4) For royalty
				  payments made during October, November, and December, the amount withheld is
				  due no later than January 30 of the following year.
Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 50 - Income › Subchapter 3 - Returns and Reports › Part 7 - OTHER REQUIRED REPORTING › Section 710:50-3-54 - Income tax withholding for pass-through entities

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
Generally, any pass-through entity that makes a distribution to a non-resident
				  member is required to deduct and withhold Oklahoma income tax from
				  distributions of taxable income being made with respect to Oklahoma source
				  income.
(b)
Definitions.
The following words and terms, when used in this
				  Section, shall have the following meaning, unless the context clearly indicates
				  otherwise:
(1)
"Member"
means:
(A) A shareholder of a Subchapter S
				  Corporation;
(B) A partner in a
				  general partnership;
(C) A partner
				  in a limited partnership;
(D) A
				  partner in a limited liability partnership;
(E) A member of a limited liability company;
				  or,
(F) A beneficiary of a
				  trust.