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Oklahoma House Bill HB2962

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2962 Compare Versions

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1-An Act
2-ENROLLED HOUSE
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3+ENGR. H. B. NO. 2962 Page 1 1
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28+ENGROSSED HOUSE
329 BILL NO. 2962 By: McCall, Wallace, Hilbert,
430 Russ and Lepak of the House
531
632 and
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834 Treat, Thompson and Hall of
935 the Senate
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1642 An Act relating to revenue and taxation; amending 68
1743 O.S. 2011, Section 2355, as last amended by Section
1844 2, Chapter 195, O.S.L. 2014 (68 O.S. Supp. 2020,
1945 Section 2355), which relates to individual income
2046 tax; modifying tax rates; amending 68 O.S. 2011,
2147 Section 2357.43, as amended by Section 1, Chapter
2248 341, O.S.L. 2016 (68 O.S. Supp. 2020, Section
2349 2357.43), which relates to the earned income tax
2450 credit; modifying provisions related to
2551 refundability; providing method for computation of
2652 tax credit using designated tax year; and providing
2753 an effective date.
2854
2955
3056
3157
32-SUBJECT: Revenue and taxation
58+
3359
3460 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
35-
3661 SECTION 1. AMENDATORY 68 O.S. 2011, Section 2355, as
3762 last amended by Section 2, Chapter 195, O.S.L. 2014 (68 O.S. Supp.
3863 2020, Section 2355), is amended to read as follows:
39-
4064 Section 2355. A. Individuals. For all taxable years beginn ing
4165 after December 31, 1998, and before January 1, 2006, a tax is hereby
4266 imposed upon the Oklahoma taxable income of every resident or
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4393 nonresident individual, which tax shall be computed at the option of
4494 the taxpayer under one of the two following methods:
45-
46-1. METHOD 1. ENR. H. B. NO. 2962 Page 2
47-
95+1. METHOD 1.
4896 a. Single individuals and married individuals filing
4997 separately not deducting federal income tax:
50-
5198 (1) 1/2% tax on first $1,000.00 or part thereof,
52-
5399 (2) 1% tax on next $1,500.00 or part thereof,
54-
55100 (3) 2% tax on next $1,250.00 or part thereof,
56-
57101 (4) 3% tax on next $1,150.00 or part thereof,
58-
59102 (5) 4% tax on next $1,300.00 or part thereof,
60-
61103 (6) 5% tax on next $1,500.00 or part thereof,
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63104 (7) 6% tax on next $2,300.00 or part thereof, and
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65105 (8) (a) for taxable years beginning after December
66106 31, 1998, and before January 1, 2002, 6.75%
67107 tax on the remainder,
68-
69108 (b) for taxable years beginning on or after
70109 January 1, 2002, and before January 1, 2004,
71110 7% tax on the remainder, and
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73111 (c) for taxable years beginning on or after
74112 January 1, 2004, 6.65% tax on the remainder.
113+b. Married individuals filing jointly and surviving
114+spouse to the extent and in the manner that a
115+surviving spouse is permitted to file a joint return
116+under the provisions of the Internal Revenue Code and
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143+heads of households as defined in the Internal Revenu e
144+Code not deducting federal income tax:
145+(1) 1/2% tax on first $2,000.00 or part thereof,
146+(2) 1% tax on next $3,000.00 or part thereof,
147+(3) 2% tax on next $2,500.00 or part thereof,
148+(4) 3% tax on next $2,300.00 or part thereof,
149+(5) 4% tax on next $2,400.00 or part thereof,
150+(6) 5% tax on next $2,800.00 or part thereof,
151+(7) 6% tax on next $6,000.00 or part thereof, and
152+(8) (a) for taxable years beginning after December
153+31, 1998, and before January 1, 2002, 6.75%
154+tax on the remainder,
155+(b) for taxable years beg inning on or after
156+January 1, 2002, and before January 1, 2004,
157+7% tax on the remainder, and
158+(c) for taxable years beginning on or after
159+January 1, 2004, 6.65% tax on the remainder.
160+2. METHOD 2.
161+a. Single individuals and married individuals filing
162+separately deducting federal income tax:
163+(1) 1/2% tax on first $1,000.00 or part thereof,
164+(2) 1% tax on next $1,500.00 or part thereof,
165+(3) 2% tax on next $1,250.00 or part thereof,
166+(4) 3% tax on next $1,150.00 or part thereof,
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193+(5) 4% tax on next $1,200.00 or par t thereof,
194+(6) 5% tax on next $1,400.00 or part thereof,
195+(7) 6% tax on next $1,500.00 or part thereof,
196+(8) 7% tax on next $1,500.00 or part thereof,
197+(9) 8% tax on next $2,000.00 or part thereof,
198+(10) 9% tax on next $3,500.00 or part thereof, and
199+(11) 10% tax on the remainder.
76200 b. Married individuals filing jointly and surviving
77201 spouse to the extent and in the manner that a
78202 surviving spouse is permitted to file a joint return
79203 under the provisions of the Internal Revenue Code and
80204 heads of households as defined in the Internal Revenue
81-Code not deducting federal income tax:
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83-(1) 1/2% tax on first $2,000.00 or part thereof,
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85-(2) 1% tax on next $3,000.00 or part thereof,
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87-(3) 2% tax on next $2,500.00 or part thereof,
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89-(4) 3% tax on next $2,300. 00 or part thereof,
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91-(5) 4% tax on next $2,400.00 or part thereof, ENR. H. B. NO. 2962 Page 3
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93-(6) 5% tax on next $2,800.00 or part thereof,
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95-(7) 6% tax on next $6,000.00 or part thereof, and
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97-(8) (a) for taxable years beginning after December
98-31, 1998, and before January 1, 2002, 6 .75%
99-tax on the remainder,
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101-(b) for taxable years beginning on or after
102-January 1, 2002, and before January 1, 2004,
103-7% tax on the remainder, and
104-
105-(c) for taxable years beginning on or after
106-January 1, 2004, 6.65% tax on the remainder.
107-
108-2. METHOD 2.
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110-a. Single individuals and married individuals filing
111-separately deducting federal income tax:
112-
113-(1) 1/2% tax on first $1,000.00 or part thereof,
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115-(2) 1% tax on next $1,500.00 or part thereof,
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117-(3) 2% tax on next $1,250.00 or part thereof,
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119-(4) 3% tax on next $1,150.00 or part thereof,
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121-(5) 4% tax on next $1,200.00 or part thereof,
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123-(6) 5% tax on next $1,400.00 or part thereof,
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125-(7) 6% tax on next $1,500.00 or part thereof,
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127-(8) 7% tax on next $1,500.00 or part thereof,
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129-(9) 8% tax on next $2,000.00 or part there of,
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131-(10) 9% tax on next $3,500.00 or part thereof, and
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205+Code deducting federal income tax:
206+(1) 1/2% tax on the first $2,000.00 or part thereof,
207+(2) 1% tax on the next $3,000.00 or part thereof,
208+(3) 2% tax on the next $2,500.00 or part thereof,
209+(4) 3% tax on the next $1,400.00 or part th ereof,
210+(5) 4% tax on the next $1,500.00 or part thereof,
211+(6) 5% tax on the next $1,600.00 or part thereof,
212+(7) 6% tax on the next $1,250.00 or part thereof,
213+(8) 7% tax on the next $1,750.00 or part thereof,
214+(9) 8% tax on the next $3,000.00 or part thereof,
215+(10) 9% tax on the next $6,000.00 or part thereof, and
133216 (11) 10% tax on the remainder.
134217
135-b. Married individuals filing jointly and surviving
136-spouse to the extent and in the manner that a ENR. H. B. NO. 2962 Page 4
137-surviving spouse is permitted to file a joint return
138-under the provisions of the Internal Revenue Code and
139-heads of households as defined in the Internal Revenue
140-Code deducting federal income tax:
141-
142-(1) 1/2% tax on the first $2,000.00 or part thereof,
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144-(2) 1% tax on the next $3,000.00 or part thereof,
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146-(3) 2% tax on the next $2,500.00 or part thereof,
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148-(4) 3% tax on the next $1,400.00 or part thereof,
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150-(5) 4% tax on the next $1,500.00 or part thereof,
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152-(6) 5% tax on the next $1,600.00 or part thereof,
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154-(7) 6% tax on the next $1,250.00 or part thereof,
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156-(8) 7% tax on the next $1,750.00 or part thereof,
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158-(9) 8% tax on the next $3,000.00 or part thereof,
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160-(10) 9% tax on the next $6,000.00 or part thereof, and
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162-(11) 10% tax on the remainder.
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163242
164243 B. Individuals. For all taxable years beginning on or after
165244 January 1, 2008, and ending any tax year which begins after December
166245 31, 2015, for which the determination required pursuant to Sections
167246 4 and 5 of this act is made by the State Board of Equalization, a
168247 tax is hereby imposed upon the Oklahoma taxable income of every
169248 resident or nonresident individual, which tax shall be computed as
170249 follows:
171-
172250 1. Single individua ls and married individuals filing
173251 separately:
174-
175252 (a) 1/2% tax on first $1,000.00 or part thereof,
176-
177253 (b) 1% tax on next $1,500.00 or part thereof,
178-
179254 (c) 2% tax on next $1,250.00 or part thereof,
180-
181-(d) 3% tax on next $1,150.00 or part thereof, ENR. H. B. NO. 2962 Page 5
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255+(d) 3% tax on next $1,150.00 or part thereof,
183256 (e) 4% tax on next $2,300.00 or part thereof,
184-
185257 (f) 5% tax on next $1,500.00 or part thereof,
186-
187258 (g) 5.50% tax on the remainder for the 2008 tax year and
188259 any subsequent tax year unless the rate prescribed by
189260 subparagraph (h) of this paragraph is in effect, and
261+(h) 5.25% tax on the remainder for the 2009 and subsequent
262+tax years. The decrease in the top marginal
263+individual income tax rate otherwise authorized by
264+this subparagraph shall be contingent upon the
265+determination required to be made by the State Board
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292+of Equalization pursuant to Section 2355.1A of this
293+title.
294+2. Married individuals filing jointly and surviving spouse to
295+the extent and in the manner that a surviving spouse is permitted to
296+file a joint return under the provisions of the Internal Revenue
297+Code and heads of househ olds as defined in the Internal Revenue
298+Code:
299+(a) 1/2% tax on first $2,000.00 or part thereof,
300+(b) 1% tax on next $3,000.00 or part thereof,
301+(c) 2% tax on next $2,500.00 or part thereof,
302+(d) 3% tax on next $2,300.00 or part thereof,
303+(e) 4% tax on next $2,400.00 or part thereof,
304+(f) 5% tax on next $2,800.00 or part thereof,
305+(g) 5.50% tax on the remainder for the 2008 tax year and
306+any subsequent tax year unless the rate prescribed by
307+subparagraph (h) of this paragraph is in effect, and
191308 (h) 5.25% tax on the remainder for the 2009 and subsequent
192309 tax years. The decrease in the top marginal
193310 individual income tax rate otherwise authorized by
194311 this subparagraph shall be contingent upon the
195312 determination required to be made by the State Board
196313 of Equalization pursuant to Section 2355.1A of this
197314 title.
198315
199-2. Married individuals filing jointly and surviving spouse to
200-the extent and in the manner that a surviving spouse is permitted to
201-file a joint return under the provisions of the Internal Revenue
202-Code and heads of households as defined in the Internal Revenue
203-Code:
204-
205-(a) 1/2% tax on first $2,000.00 or part thereof,
206-
207-(b) 1% tax on next $3,000.00 or part thereof,
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209-(c) 2% tax on next $2,500.00 or part thereof,
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211-(d) 3% tax on next $2,300.00 or part thereof,
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213-(e) 4% tax on next $2,400.00 or part thereof,
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215-(f) 5% tax on next $2,800.00 or part thereof,
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217-(g) 5.50% tax on the remainder for the 2008 tax year and
218-any subsequent tax year unless th e rate prescribed by
219-subparagraph (h) of this paragraph is in effect, and
220-
221-(h) 5.25% tax on the remainder for the 2009 and subsequent
222-tax years. The decrease in the top marginal
223-individual income tax rate otherwise authorized by
224-this subparagraph shall be contingent upon the
225-determination required to be made by the State Board ENR. H. B. NO. 2962 Page 6
226-of Equalization pursuant to Section 2355.1A of this
227-title.
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229341 C. Individuals. For all taxable years beginning on or after
230342 January 1, 2016 2022, and for which the determination required
231343 pursuant to Sections 4 and 5 of this act is made by the State Board
232344 of Equalization, a tax is hereby imposed upon the Oklahoma taxable
233345 income of every resident or nonresident individual, which tax shall
234346 be computed as follows:
235-
236347 1. Single individuals and married individuals filing
237348 separately:
238-
239349 (a) 1/2% 0.25% tax on first $1,000.00 or part thereof,
240-
241350 (b) 1% 0.75% tax on next $1,500.00 or part thereof,
242-
243351 (c) 2% 1.75% tax on next $1,250.00 or part thereof,
244-
245352 (d) 3% 2.75% tax on next $1,150.00 or part thereof,
246-
247353 (e) 4% 3.75% tax on next $2,300.00 or part thereof,
248-
249354 (f) 5% 4.75% tax on the remainder if the State Board of
250355 Equalization makes a determination pursuant to Section
251356 4 of this act or four and eighty -five hundredths
252357 (4.85%) tax on the remainder if the State Board of
253358 Equalization makes a determination pursuant to Section
254359 5 of this act.
255-
256360 2. Married individuals fil ing jointly and surviving spouse to
257361 the extent and in the manner that a surviving spouse is permitted to
258362 file a joint return under the provisions of the Internal Revenue
259363 Code and heads of households as defined in the Internal Revenue
260364 Code:
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262391 (a) 1/2% 0.25% tax on first $2,000.00 or part thereof,
263-
264392 (b) 1% 0.75% tax on next $3,000.00 or part thereof,
265-
266393 (c) 2% 1.75% tax on next $2,500.00 or part thereof,
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268394 (d) 3% 2.75% tax on next $2,300.00 or part thereof,
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270-(e) 4% 3.75% tax on next $2,400.00 or part thereof, ENR. H. B. NO. 2962 Page 7
271-
395+(e) 4% 3.75% tax on next $2,400.00 or part thereof,
272396 (f) 5% 4.75% tax on the remainder if the State Board of
273397 Equalization makes a determination pursuant to Section
274398 4 of this act or four and eighty -five hundredths
275399 percent (4.85%) tax on the remainder if the State
276400 Board of Equalization makes a determination pursuant
277401 to Section 5 of this act .
278-
279402 No deduction for federal income taxes paid shall be allowed to
280403 any taxpayer to arrive at taxable income.
281-
282404 D. Nonresident aliens. In lieu of the rates set forth in
283405 subsection A above, there shall be imposed on nonresident aliens, as
284406 defined in the Internal Revenue Code, a tax of eight percent (8%)
285407 instead of thirty percent (30%) as used in the Internal Revenue
286408 Code, with respect to the Oklahoma taxable income of such
287409 nonresident aliens as determined under the provision of the Oklahom a
288410 Income Tax Act.
289-
290411 Every payer of amounts covered by this subsection shall deduct
291412 and withhold from such amounts paid each payee an amount equal to
292413 eight percent (8%) thereof. Every payer required to deduct and
293414 withhold taxes under this subsection shall fo r each quarterly period
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294441 on or before the last day of the month following the close of each
295442 such quarterly period, pay over the amount so withheld as taxes to
296443 the Tax Commission, and shall file a return with each such payment.
297444 Such return shall be in such form as the Tax Commission shall
298445 prescribe. Every payer required under this subsection to deduct and
299446 withhold a tax from a payee shall, as to the total amounts paid to
300447 each payee during the calendar year, furnish to such payee, on or
301448 before January 31, of the succeeding year, a written statement
302449 showing the name of the payer, the name of the payee and the payee's
303450 social security account number, if any, the total amount paid
304451 subject to taxation, and the total amount deducted and withheld as
305452 tax and such other information as the Tax Commission may require.
306453 Any payer who fails to withhold or pay to the Tax Commission any
307454 sums herein required to be withheld or paid shall be personally and
308455 individually liable therefor to the State of Oklahoma.
309-
310456 E. Corporations. For all taxable years beginning after
311457 December 31, 1989, a tax is hereby imposed upon the Oklahoma taxable
312458 income of every corporation doing business within this state or
313459 deriving income from sources within this state in an amount equal to
314460 six percent (6%) thereof.
315- ENR. H. B. NO. 2962 Page 8
316461 There shall be no additional Oklahoma income tax imposed on
317462 accumulated taxable income or on undistributed personal holding
318463 company income as those terms are defined in the Internal Revenue
319464 Code.
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320490
321491 F. Certain foreign corporations. In lieu of th e tax imposed in
322492 the first paragraph of subsection D of this section, for all taxable
323493 years beginning after December 31, 1989, there shall be imposed on
324494 foreign corporations, as defined in the Internal Revenue Code, a tax
325495 of six percent (6%) instead of thi rty percent (30%) as used in the
326496 Internal Revenue Code, where such income is received from sources
327497 within Oklahoma, in accordance with the provisions of the Internal
328498 Revenue Code and the Oklahoma Income Tax Act.
329-
330499 Every payer of amounts covered by this subse ction shall deduct
331500 and withhold from such amounts paid each payee an amount equal to
332501 six percent (6%) thereof. Every payer required to deduct and
333502 withhold taxes under this subsection shall for each quarterly period
334503 on or before the last day of the month f ollowing the close of each
335504 such quarterly period, pay over the amount so withheld as taxes to
336505 the Tax Commission, and shall file a return with each such payment.
337506 Such return shall be in such form as the Tax Commission shall
338507 prescribe. Every payer require d under this subsection to deduct and
339508 withhold a tax from a payee shall, as to the total amounts paid to
340509 each payee during the calendar year, furnish to such payee, on or
341510 before January 31, of the succeeding year, a written statement
342511 showing the name of th e payer, the name of the payee and the payee's
343512 social security account number, if any, the total amounts paid
344513 subject to taxation, the total amount deducted and withheld as tax
345514 and such other information as the Tax Commission may require. Any
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346541 payer who fails to withhold or pay to the Tax Commission any sums
347542 herein required to be withheld or paid shall be personally and
348543 individually liable therefor to the State of Oklahoma.
349-
350544 G. Fiduciaries. A tax is hereby imposed upon the Oklahoma
351545 taxable income of every trust and estate at the same rates as are
352546 provided in subsection B or C of this section for single
353547 individuals. Fiduciaries are not allowed a deduction for any
354548 federal income tax paid.
355-
356549 H. Tax rate tables. For all taxable years beginning after
357550 December 31, 1991, in lieu of the tax imposed by subsection A, B or
358551 C of this section, as applicable there is hereby imposed for each
359552 taxable year on the taxable income of every individual, whose
360-taxable income for such taxable year does not exceed the ceiling ENR. H. B. NO. 2962 Page 9
553+taxable income for such taxable year does not exceed the ceiling
361554 amount, a tax determined under tables, applicable to such taxable
362555 year which shall be prescribed by the Tax Commission and which shall
363556 be in such form as it determines appropriate. In the table so
364557 prescribed, the amounts of the tax shall be computed on the bas is of
365558 the rates prescribed by subsection A, B or C of this section. For
366559 purposes of this subsection, the term "ceiling amount" means, with
367560 respect to any taxpayer, the amount determined by the Tax Commission
368561 for the tax rate category in which such taxpaye r falls.
369-
370562 SECTION 2. AMENDATORY 68 O.S. 2011, Section 2357.43, as
371563 amended by Section 1, Chapter 341, O.S.L. 2016 (68 O.S. Supp. 2020,
372564 Section 2357.43), is amended to read as follows:
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373590
374591 Section 2357.43 For tax years beginning on or after December
375592 31, 2001 January 1, 2022, there shall be allowed to a resident
376593 individual or a part -year resident individual as a credit against
377594 the tax imposed by Section 2355 of this title five percent (5%) of
378595 the earned income tax credit allowed under Sec tion 32 of the
379596 Internal Revenue Code of the United States, 26 U.S.C., Section 32 ,
380597 which for the taxable year beginning January 1, 2022, and the
381598 taxable year beginning each January 1 thereafter shall be computed
382599 using the same requirements, other than the f ive percent (5%) amount
383600 to compute the credit as prescribed by this section which shall
384601 remain constant, in effect for computation of the earned income tax
385602 credit for federal income tax purposes for the 2020 income tax year .
386603 However, this credit shall not be paid in advance pursuant to the
387604 provisions of Section 3507 of the Internal Revenue Code. For tax
388605 years which begin before on or after January 1, 2016 2022, if the
389606 credit exceeds the tax imposed by Section 2355 of this title, the
390607 excess amount shall be refunded to the taxpayer. The maximum earned
391608 income tax credit allowable on the Oklahoma income tax return shall
392609 be prorated on the ratio that Oklahoma adjusted gross income bears
393610 to the federal adjusted gross income.
611+SECTION 3. This act shall become effective January 1, 2022.
394612
395-SECTION 3. This act shall become effective January 1, 2022.
396- ENR. H. B. NO. 2962 Page 10
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397638 Passed the House of Representatives the 18th day of May, 2021.
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400641
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402643 Presiding Officer of the House
403644 of Representatives
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406-Passed the Senate the 20th day of May, 2021.
647+Passed the Senate the ___ day of __________, 2021.
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411652 Presiding Officer of the Senate
412-
413-
414-
415-OFFICE OF THE GOVERNOR
416-Received by the Office of the Governor this ____________________
417-day of ___________________, 20_______, at ______ _ o'clock _______ M.
418-By: _________________________________
419-Approved by the Governor of the State of Oklahoma this _________
420-day of ___________________, 20_______, at _______ o'clock _______ M.
421-
422-
423- _________________________________
424- Governor of the State of Oklahoma
425-
426-OFFICE OF THE SECRETARY OF STATE
427-Received by the Office of the Secretary of State this __________
428-day of ___________________, 20_______, at _______ o'clock _______ M.
429-By: _________________________________
430-