45 | | - | [ revenue and taxation - credit for parent donations |
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46 | | - | to teachers - credit amount per child - codification |
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47 | | - | - effective date ] |
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| 42 | + | An Act relating to revenue and taxation ; defining |
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| 43 | + | terms; creating tax credit for parent donations to |
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| 44 | + | teachers; limiting credit amount per child; limiting |
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| 45 | + | application of credit; authorizing carryover; setting |
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| 46 | + | total annual credits cap; authorizing Oklahoma Tax |
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| 47 | + | Commission to promulgate rules; providing for |
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| 48 | + | codification; and providing an effe ctive date. |
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48 | 53 | | |
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50 | 55 | | |
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51 | 56 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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52 | 57 | | SECTION 1. NEW LAW A new sec tion of law to be codified |
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53 | 58 | | in the Oklahoma Statutes as Section 2357.501 of Title 68, unless |
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54 | 59 | | there is created a duplication in numbe ring, reads as follows: |
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55 | 60 | | A. As used in this section: |
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56 | 61 | | 1. "Child" means a person under eighteen (18) years of age who |
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57 | 62 | | is enrolled part-time or full-time at a public preschool or a public |
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58 | 63 | | elementary or secondary school which is primarily used for classroom |
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59 | 64 | | instruction; |
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91 | 95 | | accordance with the rules a nd regulations of the State Board of |
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92 | 96 | | Education; and |
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93 | 97 | | 3. "Parent" means the natural or adoptive parent or legal |
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94 | 98 | | guardian of a child. |
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95 | 99 | | B. For taxable years beginning after December 31, 2022, there |
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96 | 100 | | shall be allowed a credit a gainst the tax imposed pursuant to |
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97 | 101 | | Section 2355 of Title 68 of the Oklahoma Statutes in the amount of |
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98 | 102 | | one hundred percent (1 00%) of the total amount of monetary donations |
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99 | 103 | | made by a parent directly to his or her child's classroom teacher |
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100 | 104 | | during a taxable year. |
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101 | 105 | | C. The credit authorized purs uant to this section shall not |
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102 | 106 | | exceed One Thousand Dollars ($1,000.00) per child per taxable year. |
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103 | 107 | | D. The credit authorized p ursuant to this section may not be |
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104 | 108 | | used to reduce the tax liability of the taxpayer to less than zero |
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105 | 109 | | (0). |
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106 | 110 | | E. To the extent not used, the credit authorized by this |
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107 | 111 | | section may be carried over, in order, to each of the th ree (3) |
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108 | 112 | | subsequent taxable years. |
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109 | 113 | | F. The total credits authorized pursuant to this section for |
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110 | 114 | | all taxpayers shall not exceed Five Million Dollars ($5,000,000.00) |
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142 | 145 | | percentage adjustment formula for subsequent years. The Tax |
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143 | 146 | | Commission shall annuall y calculate and publish by the first day of |
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144 | 147 | | the affected year a percentage by which the credits authorized by |
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145 | 148 | | this section shall be reduced so the total amount of cr edits used to |
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146 | 149 | | offset tax does not exceed Five Million Dollars ($5,000,000.00) per |
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147 | 150 | | year. The formula to be used for the percentage adjustment shall be |
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148 | 151 | | Five Million Dollars ($5,000,000.00) divided by the credits claimed |
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149 | 152 | | in the second preceding year. |
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150 | 153 | | G. In consultation with the State Department of Education, the |
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151 | 154 | | Oklahoma Tax Commission shall prom ulgate rules necessary to |
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152 | 155 | | implement and administer the credit authorized in this section . The |
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153 | 156 | | rules shall include a process for a parent to anonymously make |
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154 | 157 | | monetary donations to his or her child's classroom teacher . |
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155 | 158 | | SECTION 2. This act shall become effective January 1, 2023. |
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