Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB311 Compare Versions

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28-ENGROSSED SENATE
29-BILL NO. 311 By: Rader and Bergstrom of the
30-Senate
29+SENATE FLOOR VERSION
30+February 15, 2023
31+AS AMENDED
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34- Boatman of the House
33+SENATE BILL NO. 311 By: Rader and Bergstrom
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38-An Act relating to income tax incentives; amending 74
39-O.S. 2021, Section 5064.7, which relates to
40-incentives for products developed and ma nufactured in
41-this state; limiting qualification; limiting c ertain
42-credit and exemption to certain taxable years; and
43-providing an effective date .
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37+[ income tax incentives - effective date ]
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4841 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
4942 SECTION 1. AMENDATORY 74 O.S. 2021, Section 5064.7, is
5043 amended to read as follows:
5144 Section 5064.7. A. The following incentives shall be available
5245 to inventors for products developed and manufactured in this state
5346 and to instate manufacturers of said products; provided, to qualify
5447 for the incentives, the product shall be patented or have patent
5548 pending pursuant to federal law and shall be registered with the
5649 Oklahoma Center for the Adv ancement of Science and Technology
5750 (OCAST) before November 1, 2023:
5851 1. Royalty earned by an inventor from a product developed and
5952 manufactured in this state shall be exempt from state income tax for
6053 a period of seven (7) years from January 1 of the first year in
54+which such royalty is received as long as the manufacturer remains
55+in the state; and
56+2. An instate manufacturer of a product develop ed in this state
57+by an inventor shall be eligible for a tax credit, as provided for
58+in Section 2357.4 of Title 68 o f the Oklahoma Statutes , for property
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87-which such royalty is received as long as the manufacturer remains
88-in the state; and
89-2. An instate manufacturer of a product develop ed in this state
90-by an inventor shall be eligible for a tax credit, as provided for
91-in Section 2357.4 of Title 68 o f the Oklahoma Statutes , for property
9286 placed in service during tax years 1987 through 2 023. In addition
9387 such manufacturer may exclude from Oklahoma taxable income, or in
9488 the case of an individual, the Oklaho ma adjusted gross income,
9589 sixty-five percent (65%) of the cost of depreciable property
9690 purchased and utilized directly in manufacturing the product. The
9791 maximum exclusion shall not exceed Five Hundred Thousand Dollars
9892 ($500,000.00). If the exclusion allo wed by this paragraph exceeds
9993 the Oklahoma taxable income, or in the case of an indivi dual, the
10094 Oklahoma adjusted gross income, the amo unt of the exclusion that is
10195 in excess of such income may be carried forward as an exclusion
10296 against subsequent Oklahoma taxable income or in the case of an
10397 individual, subsequent Oklahoma adjusted gross inc ome, for a period
10498 not to exceed four (4) years. For the purposes of this paragraph,
10599 “depreciable property ” means machinery, fixtures, equipment,
106100 buildings, or substantia l improvements thereto, placed in service in
107101 this state during the taxable year years 1987 through 2023.
108102 B. The Oklahoma Tax Commissio n, in conjunction with the
109103 Oklahoma Center for the Advancement of Science and Technology, shall
110104 promulgate rules to implement the provisions of t his section.
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137105 SECTION 2. This act shall become effective November 1, 2023.
138-Passed the Senate the 20th day of March, 2023.
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145-Passed the House of Representatives the ____ day of __________,
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106+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
107+February 15, 2023 - DO PASS AS AMENDED