31 | 55 | | Section 2902. A. Except as otherwise provided by subsection H |
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32 | 56 | | of Section 3658 of this title pursuant to which the exemption |
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33 | 57 | | authorized by this section may not be claimed, a qualify ing |
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34 | 58 | | manufacturing concern, as defined by Section 6B of Article X of the |
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35 | 59 | | Oklahoma Constitution, and as further defined herein, shall be |
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36 | 60 | | exempt from the levy of any ad valorem taxes upon new, expanded or |
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37 | 61 | | acquired manufacturing facilities including facilities engaged in |
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38 | 62 | | research and development, for a period of five (5) years. The |
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39 | 63 | | provisions of Section 6B of Article X of the Oklahoma Constitution |
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69 | 140 | | which derive at least fifty percent (50%) of their |
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70 | 141 | | annual gross revenues from the sale of a product or |
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71 | 142 | | service to an out-of-state buyer or consumer, and as |
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72 | 143 | | defined under Industrial Group Number 5182 of the |
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73 | 144 | | NAICS Manual, latest revision, which derive at least |
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74 | 145 | | eighty percent (80%) of their annual gross reven ues |
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75 | 146 | | from the sale of a product or service to an out-of- |
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76 | 147 | | state buyer or consumer. Eligibility as a |
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77 | 148 | | manufacturing facility pursuant to this subparagraph |
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78 | 149 | | shall be established, subject to review by the |
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79 | 150 | | Oklahoma Tax Commission, by annually filing an |
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80 | 151 | | affidavit with the Tax Commission stating that the |
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81 | 152 | | facility so qualifies and such other information as |
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82 | 153 | | required by the Tax Commission. For purposes of |
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83 | 154 | | determining whether annual gross revenues are derived |
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84 | 155 | | from sales to out-of-state buyers, all sales to the |
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85 | 156 | | federal government shall be considered to be an out- |
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86 | 157 | | of-state buyer, |
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94 | 190 | | the previous year's increase in the Consumer Price |
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95 | 191 | | Index-All Urban Consumers ("CPI-U") and such adjusted |
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96 | 192 | | amount shall be the required investment cost in order |
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97 | 193 | | to qualify for the exemption authorized by this |
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98 | 194 | | section. The Oklahoma D epartment of Commerce sha ll |
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99 | 195 | | determine the amount of the increase, if any, on |
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100 | 196 | | January 1 of each year. The Oklahoma Tax Commission |
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101 | 197 | | shall publish on its website at least annually the |
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102 | 198 | | adjusted dollar amount in order to qualify for the |
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103 | 199 | | exemption authorized by this section and shall in clude |
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104 | 200 | | the adjusted dollar amount in any of its relevant |
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105 | 201 | | forms or publications with respect to the exemption . |
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106 | 202 | | Provided, "investment cost" shall not include the cost |
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107 | 203 | | of direct replacement, refurbishment, repair or |
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108 | 204 | | maintenance of existing machinery or equipm ent, except |
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109 | 205 | | that "investment cost" shall include capital |
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110 | 206 | | expenditures for direct replacement, refurbishment, |
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111 | 207 | | repair or maintenance of existing machinery or |
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112 | 208 | | equipment that qualifies for depreciation and/or |
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113 | 209 | | amortization pursuant to t he Internal Revenue Code of |
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114 | 210 | | 1986, as amended, and such ex penditures shall be |
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115 | 211 | | eligible as a part of an "expansion" that otherwise |
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116 | 212 | | qualifies under this section, |
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117 | 213 | | |
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152 | 293 | | g. with respect to any entity making an application for |
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153 | 294 | | the exemption authorized by this sec tion on or after |
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154 | 295 | | January 1, 2023, the establishment making application |
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155 | 296 | | for exempt treatment of real or personal p roperty |
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156 | 297 | | acquired or improved beginning Januar y 1, 2022, and |
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157 | 298 | | for any calendar year thereafter, the entity shall be |
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158 | 299 | | required to pay new direct jobs, as defined by Section |
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159 | 300 | | 3603 of this title for purposes of the Oklahoma |
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160 | 301 | | Quality Jobs Program Act, an average an nualized wage |
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161 | 302 | | which equals or exceeds the ave rage wage requirement |
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162 | 303 | | in the Oklahoma Quality Jobs Program Act for the yea r |
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163 | 304 | | in which the real or personal property was placed into |
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164 | 305 | | service. The Oklahoma Tax Commission may request |
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165 | 306 | | verification from the Oklahoma Department of Commerce |
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166 | 307 | | that an establishment seeking an exemption for real or |
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167 | 308 | | personal property pays an average annual ized wage that |
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168 | 309 | | equals or exceeds the average wage require ment in |
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169 | 310 | | effect for the year in which the real or personal |
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170 | 311 | | property was placed in to service. For purposes of |
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171 | 312 | | this subparagraph, it shall not be necessary for the |
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195 | 358 | | 2. "Facility" and "facilities", except as otherwise provided by |
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196 | 359 | | this section, means and includes the land, buildings, structures and |
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197 | 360 | | improvements used directly and exclusively in the manufacturing |
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198 | 361 | | process. Effective January 1, 2022, and for each calendar year |
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199 | 362 | | thereafter, for establishments which have received a manufacturer |
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200 | 389 | | exemption permit pursuant to the provisions of Section 1359.2 of |
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201 | 390 | | this title, or facilities engaged in manufacturing activities |
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202 | 391 | | defined or classified in the NAICS Manual under Industry Nos. 31111 1 |
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203 | 392 | | through 339999, inclusive, but for no other establishments, facility |
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204 | 393 | | and facilities means and includes the land, buildings , structures, |
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205 | 394 | | improvements, machinery, fixtures, equipment and other person al |
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206 | 395 | | property used directly and exclusively in the manufact uring process; |
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207 | 396 | | and |
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238 | 446 | | a. there is a net increase in annualized base payroll |
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239 | 447 | | over the initial payroll of at least Two Hundred Fifty |
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240 | 448 | | Thousand Dollars ($250,000.00) if the facility is |
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241 | 449 | | located in a county with a population of fewer than |
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242 | 450 | | seventy-five thousand (75,000), according to the mos t |
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243 | 451 | | recent Federal Decennial Census, while maintaining or |
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244 | 452 | | increasing base payroll in subsequent years, or at |
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245 | 453 | | least One Million Dollars ($1 ,000,000.00) if the |
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246 | 454 | | facility is located in a county with a population o f |
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247 | 455 | | seventy-five thousand (75,000) or more, accordi ng to |
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248 | 456 | | the most recent Federal Decennial Census, while |
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249 | 457 | | maintaining or increasing base payroll in subsequent |
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250 | 458 | | years; provided the payroll r equirement of this |
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251 | 459 | | subparagraph shall be waived for claims for exemptio ns |
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252 | 460 | | including claims previously denied or on appe al on |
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253 | 461 | | March 3, 2010, for all initial applications for |
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254 | 488 | | exemption filed on or after January 1, 2004, and on or |
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255 | 489 | | before March 31, 2009, and a ll subsequent annual |
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256 | 490 | | exemption applications filed related to the initia l |
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257 | 491 | | application for exemption, for an applicant, i f the |
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258 | 492 | | facility has been located in Oklahoma for at least |
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259 | 493 | | fifteen (15) years engaged in marine engine |
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260 | 494 | | manufacturing as defined under U.S. Industry Number |
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261 | 495 | | 333618 of the NAICS Manual, latest revision, and has |
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262 | 496 | | maintained an average employment of five hundred ( 500) |
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263 | 497 | | or more full-time-equivalent employees over a ten-year |
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264 | 498 | | period. Any applicant that qualifies for the payroll |
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265 | 499 | | requirement waiver as o utlined in the previous |
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266 | 500 | | sentence and subsequently closes its Oklahoma |
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267 | 501 | | manufacturing plant prior to January 1, 2012, may be |
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268 | 502 | | disqualified for exemption and subject to recapture. |
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269 | 503 | | For an applicant engaged in paperboard manufacturing |
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294 | 550 | | The Tax Commission shall verify payroll information |
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295 | 551 | | through the Oklahoma Employment Security Commission by |
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296 | 552 | | using reports from the Oklahoma Employment Security |
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297 | 553 | | Commission for the calendar y ear immediately preceding |
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298 | 554 | | the year for which initial application is mad e for |
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299 | 555 | | base-line payroll, which must be maintaine d or |
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300 | 556 | | increased for each subsequent year; provided, a |
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301 | 557 | | manufacturing facility shall have the option of |
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302 | 558 | | excluding from its payroll, for purp oses of this |
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303 | 559 | | section: |
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304 | 560 | | |
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305 | 586 | | i. payments to sole proprietors, members |
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306 | 587 | | of a partnership, members of a limited |
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307 | 588 | | liability company who own at least ten |
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308 | 589 | | percent (10%) of the capital of the |
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309 | 590 | | limited liability company or |
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310 | 591 | | stockholder-employees of a corporation |
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311 | 592 | | who own at least ten percent (10%) of |
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312 | 593 | | the stock in the corporation, and |
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316 | 596 | | nonrecurring, extraordinary items |
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317 | 597 | | included in total payroll numbers as |
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318 | 598 | | reported by the Oklahoma Employment |
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319 | 599 | | Security Commission. A manufacturing |
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320 | 600 | | facility electing either option shall |
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321 | 601 | | indicate such election upon its |
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322 | 602 | | application for an exemption under this |
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323 | 603 | | section. Any manufacturing facility |
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324 | 604 | | electing either option shall submit |
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325 | 605 | | such information as the Tax Commission |
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326 | 606 | | may require in order to verify payroll |
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327 | 607 | | information. Payroll information |
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328 | 608 | | submitted pursuant to the provisions of |
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329 | 609 | | this paragraph shall be submitted to |
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334 | 639 | | b. the facility offers, or will offer within one hundred |
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335 | 640 | | eighty (180) days of the date of employment, a basic |
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336 | 641 | | health benefits plan to the full-time-equivalent |
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337 | 642 | | employees of the facility, which is determined by the |
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338 | 643 | | Department of Commerce to consist of the elements |
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339 | 644 | | specified in subparagraph b of paragraph 1 of |
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340 | 645 | | subsection A of Section 3603 of this title or elements |
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341 | 646 | | substantially equivalent ther eto. |
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343 | 647 | | For purposes of this section, calculation of the amount of |
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344 | 648 | | increased base payroll shall be measured from the start of initial |
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345 | 649 | | construction or expansion to the completion of such construction or |
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346 | 650 | | expansion or for three (3) years from the start of initia l |
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347 | 651 | | construction or expansion, whichever occurs first. The amount of |
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348 | 652 | | increased base payroll shall include payroll for full -time- |
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349 | 653 | | equivalent employees in this state who are employed by an entity |
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350 | 654 | | other than the facility which has previously or is currently |
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351 | 655 | | qualified to receive an exemption pursuant to the provisions of this |
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352 | 656 | | section and who are leased or otherwise provided to the facility, if |
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353 | 657 | | such employment did not exist in this state prior to the start of |
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354 | 658 | | initial construction or expansion of the facility. The |
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355 | 659 | | manufacturing concern shall submit an affidavit to the Tax |
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361 | 691 | | this paragraph. If, after the completion of such construction or |
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362 | 692 | | expansion or after three (3) years from the start of initial |
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363 | 693 | | construction or expansion, whichever occurs first, the construction, |
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364 | 694 | | acquisition or expansion has not resulted in a net increase in the |
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365 | 695 | | amount of annualized base payroll, if required, or any other |
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366 | 696 | | qualification specified in this paragraph has not been met, the |
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367 | 697 | | manufacturing concern shall pay an amount equal to the amount of any |
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368 | 698 | | exemption granted including penalties and interest thereon, to the |
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369 | 699 | | Tax Commission for deposit to the Ad Valorem Reimbursement Fund; |
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371 | 700 | | 5. Except as otherwise provided by this paragraph, any new, |
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372 | 701 | | acquired or expanded computer data processing, data preparation or |
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373 | 702 | | information processing servi ces provider classified in U.S. Industry |
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374 | 703 | | Number 518210 of the North American Industrial Classification Syst em |
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375 | 704 | | (NAICS) Manual, 2017 revision, may apply for exemption s under this |
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376 | 705 | | section for each year in which new, acquired, or expanded capital |
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377 | 706 | | improvements to the facility are made for assets placed in service |
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378 | 707 | | not later than December 31, 2021, if: |
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382 | 736 | | applicant in this state of at least Two Hundred Fifty |
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383 | 737 | | Thousand Dollars ($250,000.00), which is at tributable |
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384 | 738 | | to the capital improvements, or a net increase of |
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385 | 739 | | Seven Million Dollars ($7,000,000.00) or more in |
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386 | 740 | | capital improvements, while maintaining or increasing |
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387 | 741 | | payroll at the facility or facilities in this state |
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388 | 742 | | which are included in the application, a nd |
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390 | 743 | | b. the facility offers, or will offer within one hundred |
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391 | 744 | | eighty (180) days of the date of employment of new |
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392 | 745 | | employees attributable to the capital improvements, a |
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393 | 746 | | basic health benefits plan to the full-time-equivalent |
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394 | 747 | | employees of the facility, which is determined by the |
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395 | 748 | | Department of Commerce to consist of the elements |
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396 | 749 | | specified in subparagraph b of paragraph 1 of |
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397 | 750 | | subsection A of Section 3603 of this title or elements |
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398 | 751 | | substantially equivalent thereto. |
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415 | 792 | | 6. Effective January 1, 2017, an entity engaged in ele ctric |
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416 | 793 | | power generation by means of wind, as described by the North |
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417 | 794 | | American Industry Classification System, No. 221119, shall no t be |
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418 | 795 | | defined as a qualifying manufacturing concern for purposes of the |
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419 | 796 | | exemption otherwise authorized pursuant to Section 6B of Article X |
---|
420 | 797 | | of the Oklahoma Constitution or qualify as a "manufacturing |
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421 | 798 | | facility" as defined in this section. No initial applicat ion for |
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422 | 799 | | exemption shall be filed by or accepted from an entity engaged in |
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423 | 800 | | electric power generation by means of wind on or after January 1, |
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424 | 801 | | 2018; |
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426 | 802 | | 7. An entity or applicant engaged in an industry as defined |
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427 | 803 | | under U.S. Industry Number 324110 of the NAICS Ma nual, latest |
---|
428 | 804 | | revision, which has applied for or been granted an exempti on for a |
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429 | 805 | | time period which began on or after calendar ye ar 2012 and before |
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430 | 806 | | calendar year 2016 but which did not meet the payroll requirements |
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431 | 807 | | of subparagraph a of paragraph 4 of this su bsection because of |
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432 | 808 | | nonrecurring bonuses, exercise of stock option or s tock rights or |
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433 | 809 | | other nonrecurring, extraordinary items i ncluded in total payroll in |
---|
434 | 836 | | the previous year, shall be allowed an exemption, beginning with |
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435 | 837 | | calendar year 2016, for the number o f years including the calendar |
---|
436 | 838 | | year for which the exemption was denied, remaining in the entity 's |
---|
437 | 839 | | five-year exemption period, provided such entity attains or |
---|
438 | 840 | | increases payroll at or above the initial or base payroll |
---|
439 | 841 | | established for the exemption ; and |
---|
441 | 842 | | 8. A facility engaged in manufacturing defined under U.S. |
---|
442 | 843 | | Industry Number 327310 of the NAICS Manual shall have the payroll |
---|
443 | 844 | | requirements of paragraph 4 of this subsection waived for tax year |
---|
444 | 845 | | 2021, which is based in part on the 2020 calendar year payroll |
---|
445 | 846 | | reported to the Oklahoma Employment Security Commission, and may |
---|
446 | 847 | | continue to receive the exemption for the five -year period provided |
---|
447 | 848 | | in this section only if all other requirements of this section are |
---|
448 | 849 | | met; and |
---|
450 | 850 | | 9. A facility engaged in manufacturing which otherwise |
---|
451 | 851 | | qualifies for the exemption or exemptions pursuant to the provisions |
---|
452 | 852 | | of this section shall have the payroll requir ements of paragraph 4 |
---|
453 | 853 | | of this subsection waived for tax year 2021, which is based in part |
---|
454 | 854 | | on the 2020 calendar year payroll reported to the Oklahoma |
---|
455 | 855 | | Employment Security Commission, and may continue to receive the |
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456 | 856 | | exemption for the five -year period provided in this section only if |
---|
457 | 857 | | all other requirements of this section are met. |
---|
465 | 889 | | 2. The five-year period of exemption from ad valorem taxes for |
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466 | 890 | | any qualifying manufacturing facility, as specified in s ubparagraphs |
---|
467 | 891 | | a and b of this paragraph, wh ich is located within a tax incentive |
---|
468 | 892 | | district created pursuant to the Local Development Act by a county |
---|
469 | 893 | | having a population of at l east five hundred thousand (500,000), |
---|
470 | 894 | | according to the most recent Federal Decenni al Census, shall begin |
---|
471 | 895 | | on January 1 following the expiration or termination of the ad |
---|
472 | 896 | | valorem exemption, abatement, or other incentive provided through |
---|
473 | 897 | | the tax incentive dist rict. Facilities qualifying pursuant to this |
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474 | 898 | | subsection shall include: |
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479 | 901 | | b. an establishment primarily engaged in distribution as |
---|
480 | 902 | | defined under Industry Number 49311 of the North |
---|
481 | 903 | | American Industry Classification System for which t he |
---|
482 | 904 | | initial capital investment was at leas t One Hundred |
---|
483 | 905 | | Eighty Million Dollars ($180,000,000.00); provided, |
---|
484 | 906 | | that the qualifying job creation and depreciable |
---|
485 | 907 | | property investment occurred prior to calendar year |
---|
486 | 908 | | 2017 but not earlier than calendar year 2013. |
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487 | 909 | | |
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488 | 935 | | E. Any person, firm or corporation claimi ng the exemption |
---|
489 | 936 | | herein provided for shall file each year for which exemption is |
---|
490 | 937 | | claimed, an application therefor with the county asse ssor of the |
---|
491 | 938 | | county in which the new, expanded or acquired facility is located. |
---|
492 | 939 | | The application shall be on a form or form s prescribed by the Tax |
---|
493 | 940 | | Commission, and shall be filed on or before March 15, except as |
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495 | 942 | | facility desires to take the exemption or within thirty (30) days |
---|
496 | 943 | | from and after receipt by such per son, firm or corporation of notice |
---|
497 | 944 | | of valuation increase, whichever is later. In a case where |
---|
498 | 945 | | completion of the facility or facilitie s will occur after January 1 |
---|
499 | 946 | | of a given year, a facility may apply to claim the ad valorem tax |
---|
500 | 947 | | exemption for that year. I f such facility is found to be qualified |
---|
501 | 948 | | for exemption, the ad valorem tax exemption provided for herein |
---|
502 | 949 | | shall be granted for that ent ire year and shall apply to the ad |
---|
503 | 950 | | valorem valuation as of January 1 of that given year. For |
---|
504 | 951 | | applicants which qualify und er the provisions of subparagraph b of |
---|
505 | 952 | | paragraph 1 of subsection B of this section, the application shall |
---|
506 | 953 | | include a copy of the affida vit and any other information required |
---|
507 | 954 | | to be filed with the Tax Commission. |
---|
513 | 985 | | county board of equalization, in the same manner and subject to the |
---|
514 | 986 | | same requirements as provided by law for review and appeals |
---|
515 | 987 | | concerning homestead exemption claims. Approved applications shall |
---|
516 | 988 | | be filed by the county assessor with the Tax Commission no late r |
---|
517 | 989 | | than June 15, except as provided in S ection 2902.1 of this title, of |
---|
518 | 990 | | the year in which the facility desires to take the exemption. |
---|
519 | 991 | | Incomplete applications and applications filed after June 15 will be |
---|
520 | 992 | | declared null and void by the Tax Commission. In the event that a |
---|
521 | 993 | | taxpayer qualified to rec eive an exemption pursuant to the |
---|
522 | 994 | | provisions of this section shall make payment of ad valorem taxes in |
---|
523 | 995 | | excess of the amount due, the co unty treasurer shall have the |
---|
524 | 996 | | authority to credit the taxpayer 's real or personal property tax |
---|
525 | 997 | | overpayment against curren t taxes due. The county treasurer may |
---|
526 | 998 | | establish a schedule of up to five (5) years of credit to resolve |
---|
527 | 999 | | the overpayment. |
---|
529 | 1000 | | G. Nothing herein shall in any manner affect, alter or impair |
---|
530 | 1001 | | any law relating to the assessme nt of property, and all property, |
---|
531 | 1002 | | real or personal, which may be entitled to exemption hereunder shall |
---|
532 | 1003 | | be valued and assessed as is other like property and as provided by |
---|
533 | 1004 | | law. The valuation and assessment of property for which an |
---|
534 | 1005 | | exemption is granted here under shall be performed by the Tax |
---|
535 | 1006 | | Commission using one or more of the cost, income and expense and |
---|
536 | 1007 | | sales comparison approaches to estimate fair cash value in |
---|
566 | | - | OFFICE OF THE GOVERNOR |
---|
567 | | - | Received by the Office of the Governor this ____________________ |
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568 | | - | day of ___________________, 20_______, at _______ o'clock _______ M. |
---|
569 | | - | By: _________________________________ |
---|
570 | | - | Approved by the Governor of the Stat e of Oklahoma this _________ |
---|
571 | | - | day of ___________________, 20_______, at _______ o'clock _______ M. |
---|
572 | | - | |
---|
573 | | - | |
---|
574 | | - | _________________________________ |
---|
575 | | - | Governor of the State of Oklahoma |
---|
576 | | - | |
---|
577 | | - | OFFICE OF THE SECRETARY OF STATE |
---|
578 | | - | Received by the Office of the Secretary of State thi s __________ |
---|
579 | | - | day of ___________________, 20_______, at _______ o'clock _______ M. |
---|
580 | | - | By: _________________________________ |
---|
581 | | - | |
---|