Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB609 Introduced / Bill

Filed 01/20/2021

                     
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
SENATE BILL 609 	By: Hall 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to ad valorem tax; amending 68 O.S. 
2011, Section 2902, as last amended by Section 1, 
Chapter 258, O.S.L. 2019 (68 O. S. Supp. 2020, Section 
2902), which relates to exemption for manufacturing 
facilities; modifying definitions; adjusting certain 
investment requirement to inflation index; requiring 
the Oklahoma Tax Commission to publish certain 
adjustments; providing wage threshold; requiring 
agreement between certain entities prior to 
exemption; specifying terms of agreement; prohibiting 
modification of fair cash value of assets de scribed 
in agreement; declaring agreem ent to operate as 
defense against action to modify fa ir cash value and 
depreciation methodology; declaring agreement to be a 
condition precedent to certain exemption; requiring a 
copy of agreement to be maintained by certain 
entities; and providing an effective date . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     68 O.S. 2011, Section 2902, as 
last amended by Section 1, Chapter 258, O.S.L. 2019 (68 O.S. Supp. 
2020, Section 2902), is amended to read a s follows: 
Section 2902. A.  Except as otherwise provided by subsection H 
of Section 3658 of this title pursuant to which the exemption 
authorized by this section may not be claimed, a qualifying   
 
 
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manufacturing concern, as defined by Section 6B of Article X of the 
Oklahoma Constitution, and as further defined herein, shall be 
exempt from the levy of any ad valorem taxes upon new, expanded or 
acquired manufacturing facilities, including facilities engaged in 
research and development, for a period of five (5) years.  The 
provisions of Section 6B of Article X of the Oklahoma Constitution 
requiring an existing facility to have been unoccupied for a period 
of twelve (12) months prior to acquisition shall be construed as a 
qualification for a facility to initially receive an exemption, and 
shall not be deemed to be a qualification for that facility to 
continue to receive an exemption in each of the four (4) years 
following the initial year for which the exemption was gran ted.  
Such facilities are hereby classified for the purposes of taxation 
as provided in Section 22 of Article X of the Oklahoma Constitution. 
B.  For purposes of this section, the following definitions 
shall apply: 
1.  “Manufacturing facilities ” means facilities engaged in the 
mechanical or chemical transformation of materials or substances 
into new products and except as provided by paragraph 8 of 
subsection C of this section shall include: 
a. establishments which have received a manufacturer 
exemption permit pursuant to the provisions of Section 
1359.2 of this title,   
 
 
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b. facilities, including repair and replacement parts, 
primarily engaged in aircraft repair, building and 
rebuilding whether or not on a factory basis, 
c. establishments primarily engaged in c omputer services 
and data processing as defi ned under Industrial Group 
Numbers 5112 and 5415, and U.S. Industry Number 334611 
and 519130 of the NAICS Manual, latest revision, and 
which derive at least fifty percent (50%) of their 
annual gross revenues from the sale of a product or 
service to an out-of-state buyer or consumer, and as 
defined under Industrial Group Number 5142 of the 
NAICS Manual, latest revision, which derive at least 
eighty percent (80%) of their annual gross revenues 
from the sale of a pro duct or service to an out-of-
state buyer or consumer.  Eligibility as a 
manufacturing facility pursuant to this subparagraph 
shall be established, subject to review by the 
Oklahoma Tax Commission, by annually filing an 
affidavit with the Tax Commission sta ting that the 
facility so qualifies and such other information as 
required by the Tax Commission.  For purposes of 
determining whether annual gross revenues are derived 
from sales to out-of-state buyers, all sales to the   
 
 
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federal government shall be conside red to be an out-
of-state buyer, 
d. for which facilities that the investment cost of the 
construction, acquisition or expansion of the 
manufacturing facility is Two Hundred Fifty Thousand 
Dollars ($250,000.00) Five Hundred Thousand Dollars 
($500,000.00) or more with respect to assets place 
into service during calendar year 2022.  For 
subsequent calendar years, the investment requ ired 
shall be increased annually by a percentage equal to 
the previous year’s increase in the Consumer Price 
Index-All Urban Consumers (“CPI-U”) and such adjusted 
amount shall be the required inv estment cost in order 
to qualify for the exemption authorized by this 
section.  The Oklahoma Department of Commerce shall 
determine the amount of the increase, if any, on 
January 1 of each year . The Oklahoma Tax Commission 
shall publish on its website at least annually the 
adjusted dollar amount in order to qualify for the 
exemption authorized by this section and shall include 
the adjusted dollar amount in any of its relevant 
forms or publications w ith respect to the exemption . 
Provided, “investment cost” shall not include the co st 
of direct replacement, refurbishment, repair or   
 
 
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maintenance of existing m achinery or equipment, except 
that “investment cost” shall include capital 
expenditures for direc t replacement, refurbishment, 
repair or maintenance of existing machinery or 
equipment that qualifies for depreciation and/or 
amortization pursuant to the Inte rnal Revenue Code of 
1986, as amended, and such expenditures shall be 
eligible as a part of an “expansion” that otherwise 
qualifies under this section, and 
e. establishments primar ily engaged in distribution as 
defined under Industry Numbers 49311, 49312, 49313 and 
49319 and Industry Sector Number 42 of the NAICS 
Manual, latest revision, and which mee t the following 
qualifications: 
(1) construction with an initial capital investment 
of at least Five Million Dollars ($5,000,000.00), 
(2) employment of at leas t one hundred (100) full -
time-equivalent employees, as certified by the 
Oklahoma Employment Secur ity Commission, 
(3) payment of wages or salaries to its employees at 
a wage which equals or exceeds one hundred 
seventy-five percent (175%) of the federally 
mandated minimum wage one hundred twenty-five 
percent (125%) of the average county wage as that   
 
 
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percentage is determined by the Oklahoma 
Department of Commerce based upon the most recent 
U.S. Department of Commerce data for the county 
where the jobs are located, as certified by the 
Oklahoma Employment Security Commission, and 
(4) commencement of constru ction on or after November 
1, 2007, with construction to be complet ed within 
three (3) years from the date of the commencement 
of construction, 
f. facilities engaged in the manufacturing, compounding, 
processing or fabrication of materials into articles 
of tangible personal property according to the special 
order of a customer (custom order m anufacturing) by 
manufacturers classified as operating in North 
American Industry Classification System (NAICS) 
Sectors 32 and 33, but does not include such custom 
order manufacturing by manufacturers clas sified in 
other NAICS code sectors , and 
g. with respect to any entity making an application for 
the exemption authorized by this section on or after 
January 1, 2022, the establishment making application 
for exempt treatment of real or personal property 
acquired or improved beginning January 1, 2022, and 
for any calendar year thereafter, the entity shall be   
 
 
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required to pay new direct jobs, as defined by Section 
3603 of this title for purposes of the Oklahoma 
Quality Jobs Program Act, an average annualized wa ge 
which equals or exceeds: . 
(1) One hundred ten percent (110%) of the average 
county wage as determined by the Department of 
Commerce based on the most recent U.S. Department 
of Commerce data for the county in which t he new 
direct jobs are located.  For p urposes of this 
subparagraph, health care premiums paid by the 
applicant for individuals in new direct jobs 
shall be included in the annualized wage; or 
(2) One hundred percent (100%) of the average county 
wage as that percentage is determined by the 
Department of Commerce based upon the most recent 
U.S. Department of Commerce data for the county 
in which the new jobs are located.  For purposes 
of this subparagraph, health care premiums paid 
by the applicant for individ uals in new direct 
jobs shall not be included in the annualized 
wage. 
Provided, no average wage requirement otherwise required by this 
subparagraph shall exceed Twenty -five Thousand Dollars ($25,000.00), 
in any county.  This maximum wage threshold shall be indexed and   
 
 
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modified from time to tim e based on the latest Consumer Price Index 
year-to-date percent change release as of the date of the annual 
average county wage data release from the Bureau of Economic 
Analysis of the U.S. Department of Commerce.  The Oklahoma Tax 
Commission shall publish on its website at least annually the 
adjusted dollar amounts with respect to the maximum wage threshold 
and shall include the adjusted dollar amount in any of its relevant 
forms or publications with respect to the ex emption authorized by 
this section. 
Eligibility as a manufacturing facility pursuant to th is 
subparagraph shall be established, subject to review by the Tax 
Commission, by annually filing an affidavit with the Tax C ommission 
stating that the facility so qu alifies and containing such other 
information as required by the Tax Commission. 
Provided, eating and drinking places, as well as other retail 
establishments, shall not qualify as manufacturing facilities for 
purposes of this section, nor shall centrally a ssessed properties. 
Eligibility as a manufacturing facility pursuant to this 
subparagraph shall be established, subject to review by the Tax 
Commission, by annually filing an application with the Tax 
Commission stating that the facility so qualifies and co ntaining 
such other information as required by the Tax Commission; 
2.  “Facility” and “facilities”, except as otherwise provided by 
this paragraph, means and includes the land, buildings, structures ,   
 
 
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and improvements, machinery, fixtures, equipment and oth er personal 
property used directly and exclusively in the manufacturing process .  
Effective January 1, 2022, and for each calendar year thereafter, 
for facilities engaged in manufacturing activities defined or 
classified in the NAICS Manual under Industry Nos. 311111 through 
339999 “facility” and “facilities” means and includes the land, 
buildings, structures, improvements, machinery, fixtures, equipment 
and other personal property used directly and exclusively in the 
manufacturing process ; and 
3.  “Research and development” means activities dir ectly related 
to and conducted for the purpose of d iscovering, enhancing, 
increasing or improving future or existing product s or processes or 
productivity. 
C.  The following provisions shall apply: 
1.  A manufacturing concern shall be entitled to the exemp tion 
herein provided for each new manufacturing fac ility constructed, 
each existing manufacturing facility acquired and the expansion of 
existing manufacturing facilities on the same site, as such terms 
are defined by Section 6B of Article X of the Oklahom a Constitution 
and by this section; 
2.  Except as otherwise provided in paragraph 5 of this 
subsection, no manufacturing con cern shall receive more than one 
five-year exemption for any one manufacturing facil ity unless the 
expansion which qualifies the man ufacturing facility for an   
 
 
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additional five-year exemption meets the requirements of paragraph 4 
of this subsection and the e mployment level established for any 
previous exemption is maintained; 
3.  Any exemption as to the expansion of an existing 
manufacturing facility shall be limited to the increase in a d 
valorem taxes directly attributable to the expansion; 
4.  Except as provided in paragraphs 5 and 6 of this subsection, 
all initial applications for any exe mption for a new, acquired or 
expanded manufacturing facility shall be granted only if: 
a. there is a net increase in annualized base payroll 
over the initial payroll of at least Two Hundred Fifty 
Thousand Dollars ($250,000.00) if the facility is 
located in a county with a population of fewer than 
seventy-five thousand (75,000), according to the most 
recent Federal Decennial Census, while maintaining or 
increasing base payro ll in subsequent years, or at 
least One Million Dollars ($1,000,000.00) if the 
facility is located in a county with a population of 
seventy-five thousand (75,000) or more, according t o 
the most recent Federal Decennial Census, while 
maintaining or increasi ng base payroll in subsequent 
years; provided the payroll requirement of this 
subparagraph shall be waived for claims for 
exemptions, including claims previously denied or on   
 
 
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appeal on March 3, 2010, for all initial applications 
for exemption filed on or a fter January 1, 2004, and 
on or before March 31, 2009, and all subsequent annual 
exemption applications filed related to the initial 
application for exemption, for an applicant, if th e 
facility has been located in Oklahoma for at least 
fifteen (15) years e ngaged in marine engine 
manufacturing as defined under U.S. Industry Number 
333618 of the NAICS Manual, latest revision, and has 
maintained an average employment of five hundred (500) 
or more full-time-equivalent employees over a ten -year 
period.  Any applicant that qualifies for the payroll 
requirement waiver as outlined in the previous 
sentence and subsequently closes its Oklahoma 
manufacturing plant prior to January 1, 2012, may be 
disqualified for exemption and subject to recapture.  
For an applicant engaged in paperboard manufacturing 
as defined under U.S. Industry Number 322130 of th e 
NAICS Manual, latest revision, union master pa youts 
paid by the buyer of the facility to specifie d 
individuals employed by the facility at the time of 
purchase, as specified under the purchase agreement, 
shall be excluded from payroll for purposes of thi s 
section.   
 
 
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In order to provide certainty with re spect to 
investments in manufacturing facilities pe rtaining to 
all initial applications for exemption filed on or 
after January 1, 2016, the following definitions shall 
apply: 
(1) “base payroll” shall mean total payroll adjusted 
for any nonrecurring bonuse s, exercise of stock 
option or stock rights and oth er nonrecurring, 
extraordinary items included in total payroll, 
and 
(2) “initial payroll” shall mean base payroll for the 
year immediately preceding the init ial 
construction, acquisition or expansion. 
The Tax Commission shall verify payroll information 
through the Oklahoma Employment Security Commission by 
using reports from th e Oklahoma Employment Security 
Commission for the calendar year immediately precedin g 
the year for which initial application is made for 
base-line payroll, which must be maintained or 
increased for each subsequent year; provided, a 
manufacturing facility s hall have the option of 
excluding from its payroll, for purposes of this 
section:   
 
 
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i. payments to sole proprietors, members 
of a partnership, members of a limited 
liability company who own at least ten 
percent (10%) of the capital of the 
limited liability company or 
stockholder-employees of a corporation 
who own at least ten percent (10%) of 
the stock in the corporation, and 
ii. any nonrecurring bonuses, exercise of 
stock option or stoc k rights or other 
nonrecurring, extraordinary items 
included in total pay roll numbers as 
reported by the Oklahoma Employment 
Security Commission.  A manufact uring 
facility electing either option shall 
indicate such election upon its 
application for an exem ption under this 
section.  Any manufacturing facility 
electing either option shall submit 
such information as the Tax Commission 
may require in order to veri fy payroll 
information.  Payroll information 
submitted pursuant to the provisions of 
this paragraph shall be submitted to   
 
 
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the Tax Commission and shall be subject 
to the provisions of Section 205 of 
this title, and 
b. the facility offers, or will offer with in one hundred 
eighty (180) days of the date of employment, a basic 
health benefits plan to the ful l-time-equivalent 
employees of the facility, which is determined by the 
Department of Commerce to consist of the elements 
specified in subparagraph b of para graph 1 of 
subsection A of Section 3603 of this title or elements 
substantially equivalent thereto. 
For purposes of this section, calculation of the amount of 
increased base payroll shall be measured from the start of initial 
construction or expansion to t he completion of such construction or 
expansion or for three (3) years from the start of initial 
construction or expansion, whichever occurs first.  The amount of 
increased base payroll shall include payroll for full -time-
equivalent employees in this state who are employed by an entity 
other than the facility which has previously or is currently 
qualified to receive an exemption pursuant to the provisions of this 
section and who are leased or otherwise provided to the facility, if 
such employment did not ex ist in this state prior to the start of 
initial construction or expansion of the facility.  The 
manufacturing concern shall submit an affidavit to the Tax   
 
 
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Commission, signed by an officer, stating that the construction, 
acquisition or expansion of the faci lity will result in a net 
increase in the annual ized base payroll as required by this 
paragraph and that full-time-equivalent employees of the facility 
are or will be offer ed a basic health benefits plan as required by 
this paragraph.  If, after the comple tion of such construction or 
expansion or after three (3) years from the start of initial 
construction or expansion, whichever occurs first, the construction, 
acquisition or expansion has not resulted in a net increase in the 
amount of annualized base payr oll, if required, or any other 
qualification specified in this paragraph has not been met, the 
manufacturing concern shall pay an amount equal to the amount of any 
exemption granted, including penalties and interest thereon, to the 
Tax Commission for depos it to the Ad Valorem Reimbursement Fund; 
5.  If a facility fails to meet the base payroll requireme nt of 
subparagraph a of paragraph 4 of this subsection, the payroll 
requirement shall be waived for claims for exemptions, including 
claims previously denied or on appeal on June 1, 2009, for all 
initial applications for exemption filed on or after January 1, 
2004, and on or before March 31, 2009, and all subsequent annual 
exemption applications filed related to such initial application for 
exemption, for an applicant, if the facility:   
 
 
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a. has been located for at least five (5) years as of 
March 31, 2009, in a county in Oklahoma with a 
population of six hundred thousand (600,000) or more, 
b. is owned by an applicant that has been engaged in 
manufacturing as defi ned under U.S. Industry Numbers 
323110, 323111, 323121 and 323122 of the NAICS Manual, 
latest revision, 
c. is owned by an applicant that maintains a workforce of 
at least three hundred (300) employees on June 1, 
2009, 
d. is owned by an applicant that has f iled multiple 
applications for exemption pursuan t to this section, 
and 
e. is owned by an applicant that operates at least one 
facility in this state of at least seven hundr ed 
thirty thousand (730,000) square feet on June 1, 2009. 
In the event that any appl icant obtaining a waiver of the payroll 
requirement pursuant to this paragraph ceases to operate al l of its 
facilities in this state on or before a date that is four (4) ye ars 
after any initial application for an exemption is filed by such 
applicant, all sums of property taxes exempted under this paragr aph 
through a waiver of the payroll requirement tha t relate to such 
application shall become due and payable as if such sums were   
 
 
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assessed in the year in which the applicant ceases to operate all of 
its facilities in the state; 
6.  Any new, acquired or exp anded automotive final assembly 
manufacturing facility which does not meet the requirements of 
paragraph 4 of this subsectio n shall be granted an exemption only if 
all other requirements of this section are m et and only if the 
investment cost of the constr uction, acquisition or expansion of the 
manufacturing facility is Three Hundred Million Dollars 
($300,000,000.00) or more an d the manufacturing facility retains an 
average employment of one thousand seven hun dred fifty (1,750) or 
more full-time-equivalent employees in the year in which the 
exemption is initially granted and in each of the four (4) 
subsequent years only if an av erage employment of one thousand seven 
hundred fifty (1,750) or more full -time-equivalent employees is 
maintained in the subsequent year.  Any property installed to 
replace property damaged by the tornado or natural disaster that 
occurred May 8, 2003, may continue to receive the exemption provided 
in this paragraph for the full five -year period based on the value 
of the previously qual ifying assets as of January 1, 2003.  The 
exemption shall continue in effect as long as all other 
qualifications in this par agraph are met.  If the average employment 
of one thousand seven hundred fifty (1,75 0) or more full-time-
equivalent employees is red uced as a result of temporary layoffs 
because of a tornado or natural disaster on May 8, 2003, then the   
 
 
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average employment r equirement shall be waived for year 2003 of the 
exemption period.  Calculation of th e number of employees shall be 
made in the same manner as required under Section 2357.4 of this 
title for an investment tax credit.  As used in this paragraph, 
“expand” and “expansion” shall mean and include any increase to the 
size or scope of a facility as well as any renovation, restoration, 
replacement or remodeling of a facility which permits the 
manufacturing of a new or redesigned product; 
7.  Any new, acquired, or ex panded computer data processing, 
data preparation, or information processing service s provider 
classified in Industrial Group Number 7374 of the SIC Manual, latest 
revision, and U.S. Industry Number 514210 of the North American 
Industrial Classification Sy stem (NAICS) Manual, latest revision, 
may apply for exemptions under this section fo r each year in which 
new, acquired, or expanded capital improvements to the facility are 
made if: 
a. there is a net increase in annualized payroll of the 
applicant at any facility or facilities of the 
applicant in this state of at least Two Hundred Fifty 
Thousand Dollars ($250,000.00), which is attribut able 
to the capital improvements, or a net increase of 
Seven Million Dollars ($7,000,000.00) or more in 
capital improvements , while maintaining or increasing   
 
 
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payroll at the facility or facilities in this stat e 
which are included in the application, and 
b. the facility offers, or will offer within one hundr ed 
eighty (180) days of the date of employment of new 
employees attributable to the capital improvements, a 
basic health benefits plan to the full -time-equivalent 
employees of the facility, which is determ ined by the 
Department of Commerce to consist of th e elements 
specified in subparagraph b of paragraph 1 of 
subsection A of Section 3603 of this title or elements 
substantially equivalent thereto; 
8.  Effective January 1, 2017, an entity engaged in electri c 
power generation by means of wind, as described b y the North 
American Industry Classification System, No. 221119, shall no t be 
defined as a qualifying manufacturing concern for purposes of the 
exemption otherwise authorized pursuant to Section 6B of Arti cle X 
of the Oklahoma Constitution or qualify as a “manufacturing 
facility” as defined in this section.  No initial applicat ion for 
exemption shall be filed by or accepted from an entity engaged in 
electric power generation by means of wind on or after Jan uary 1, 
2018; and 
9.  An entity or applicant engage d in an industry as defined 
under U.S. Industry Number 324110 of the NAIC S Manual, latest 
revision, which has applied for or been granted an exemption for a   
 
 
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time period which began on or after calendar yea r 2012 and before 
calendar year 2016 but which did not meet the payroll requirements 
of subparagraph a of paragraph 4 of thi s subsection because of 
nonrecurring bonuses, exercise of stock option or stock righ ts or 
other nonrecurring, extraordinary items in cluded in total payroll in 
the previous year, shall be allowed an exemption, beginning with 
calendar year 2016, for the numb er of years, including the calendar 
year for which the exemption was denied, remaini ng in the entity’s 
five-year exemption period, p rovided such entity attains or 
increases payroll at or above the initial or base payroll 
established for the exemption. 
D.  1.  Except as provided in paragraph 2 of this subsection, 
the five-year period of exemption from ad valorem taxes for any 
qualifying manufacturing facility property shall begin on Jan uary 1 
following the initial qualifying use of the property in the 
manufacturing process. 
2.  The five-year period of exemption from ad valorem taxes for 
any qualifying manufacturing facility, as specified in subparagraphs 
a and b of this paragraph, which is located within a tax incentive 
district created pursuant to the Local Development Act by a county 
having a population of at least five hundred thousand (5 00,000), 
according to the most recent Federal De cennial Census, shall begin 
on January 1 following the expiration or termination of the ad 
valorem exemption, abatement, or other incentive provided through   
 
 
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the tax incentive district.  Facilities qualifying pursuant to this 
subsection shall include: 
a. a manufacturing facility as defined in subparagraph c 
of paragraph 1 of subsection B of this section, and 
b. an establishment primarily engaged in distribution as 
defined under Industry Number 49311 of the Nort h 
American Industry Classification System for wh ich the 
initial capital investment was at least One Hundred 
Eighty Million Dollars ($180,000,000.00); provided, 
that the qualifying job creation and depreciable 
property investment occurred prior to calendar year 
2017 but not earlier than calendar year 201 3. 
E.  Any person, firm or corporation claiming the exemption 
herein provided for shall file each year for which exemption i s 
claimed, an application therefor with the county assessor of the 
county in which the new, expanded or acquired facility is located .  
The application shall be on a form or forms pres cribed by the Tax 
Commission, and shall be filed on or before March 15, e xcept as 
provided in Section 2902.1 of this title, of each year in which the 
facility desires to take the exemption or within thirty (30) days 
from and after receipt by such person, f irm or corporation of notice 
of valuation increase, whichever is later.  In a case where 
completion of the facility or facilities will occur after January 1 
of a given year, a facility may apply to claim t he ad valorem tax   
 
 
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exemption for that year.  If such facility is found to be qualified 
for exemption, the ad valorem tax exem ption provided for herein 
shall be granted for that entire year and shall apply to t he ad 
valorem valuation as of January 1 of that given year.  For 
applicants which qualify under the provisions of subparagraph b of 
paragraph 1 of subsection B of this sect ion, the application shall 
include a copy of the affidavit and any other information required 
to be filed with the Tax Commission. 
F.  The application shall be examined by the county assessor and 
approved or rejected in the same manner as provided by law f or 
approval or rejection of claims for homestead exemptions.  The 
taxpayer shall have the same right of review by and appeal from th e 
county board of equalization, in the same manner and subject to the 
same requirements as provided by law for review and ap peals 
concerning homestead exemption claims.  Approved applications shall 
be filed by the county assessor with the Tax Commission no later 
than June 15, except as provided in Section 2902.1 of this title, of 
the year in which the facility desires to take t he exemption.  
Incomplete applications and applications filed after June 15 will be 
declared null and void by the Tax Commission.  I n the event that a 
taxpayer qualified to receive an exemption pursuant to the 
provisions of this section shall make payment of ad valorem taxes in 
excess of the amount due, the county treasurer shall have the 
authority to credit the taxpayer ’s real or personal property tax   
 
 
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overpayment against current taxes due.  The county treasurer may 
establish a schedule of up to five (5) ye ars of credit to resolve 
the overpayment. 
G.  Nothing herein shall in any manner aff ect, alter or impair 
any law relating to the ass essment of property, and all property, 
real or personal, which may be entitled to exemption hereunder shall 
be valued and assessed as is other like property and as provided by 
law.  The valuation and assessme nt of property for which an 
exemption is granted hereunder shall be performed by the Tax 
Commission. 
H.  For any application filed to qualify real property, personal 
property or both for the exemption authorized by this section, prior 
to the first year during which any of the real property or personal 
property can be treated as exempt, the ent ity making application, 
the Oklahoma Tax Commission and the county assessor of each and 
every county in which the qualifying assets are located or are to be 
located, shall enter into an agreement, which shall contai n a clause 
binding any successor busines s entity to the terms of the agreement, 
that establishes the fair cash value of the assets, whether real 
property or personal property or both, to be entered on the 
applicable assessment roll for the first year of th e exemption 
period.  The agreement shall also contain a system or schedule for 
the depreciation of improvements to real property and a system or 
schedule for the deprecation of tangible personal property which   
 
 
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shall be used by the applicable county assesso r to modify the fair 
cash value of the real property or personal property or both for the 
remaining four (4) years of the exemption period.  After the 
expiration of the exemption period, the owner of the real propert y 
or personal property or both shall not be allowed to modify, whether 
pursuant to request made to the county assessor or made to the 
county board of equalization, or pursuant to any protest otherwise 
authorized by the Ad Valorem Tax Code or other provisio ns of law, 
the fair cash value of the as sets described in the agreement and the 
agreement shall operate as an estoppel and affirmative defense to 
any actions, formal or informal, or requests for administrative or 
judicial relief, to modify the fair cash va lues and the methodology 
for depreciation contained in such agreement.  The agre ement 
described by this subsection shall be a condition precedent to the 
exemption otherwise authorized by this section and by Section 6B of 
Article X of the Oklahoma Constitut ion.  A copy of the agreement 
shall be maintained by the Oklahoma Tax Commission and by the county 
assessor of any county in which real or personal property described 
by such agreement is located. 
I. The Tax Commission shall have the authority and duty to 
prescribe forms and to promulgate rules as may be necessary to carry 
out and administer th e terms and provisions of this section. 
 
   
 
 
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SECTION 2.  This act shall become effective November 1, 2021. 
 
58-1-986 QD 1/20/2021 11:01:36 PM