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3 | - | ENGR. S. B. NO. 311 Page 1 1 | |
3 | + | SENATE FLOOR VERSION - SB311 SFLR Page 1 | |
4 | + | (Bold face denotes Committee Amendments) 1 | |
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29 | + | SENATE FLOOR VERSION | |
30 | + | February 15, 2023 | |
31 | + | AS AMENDED | |
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32 | - | and | |
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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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48 | 41 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA: | |
49 | 42 | SECTION 1. AMENDATORY 74 O.S. 2021, Section 5064.7, is | |
50 | 43 | amended to read as follows: | |
51 | 44 | Section 5064.7. A. The following incentives shall be available | |
52 | 45 | to inventors for products developed and manufactured in this state | |
53 | 46 | and to instate manufacturers of said products; provided, to qualify | |
54 | 47 | for the incentives, the product shall be patented or have patent | |
55 | 48 | pending pursuant to federal law and shall be registered with the | |
56 | 49 | Oklahoma Center for the Adv ancement of Science and Technology | |
57 | 50 | (OCAST) before November 1, 2023: | |
58 | 51 | 1. Royalty earned by an inventor from a product developed and | |
59 | 52 | manufactured in this state shall be exempt from state income tax for | |
60 | 53 | 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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62 | - | ENGR. S. B. NO. 311 Page 2 1 | |
60 | + | SENATE FLOOR VERSION - SB311 SFLR Page 2 | |
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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 | |
92 | 86 | placed in service during tax years 1987 through 2 023. In addition | |
93 | 87 | such manufacturer may exclude from Oklahoma taxable income, or in | |
94 | 88 | the case of an individual, the Oklaho ma adjusted gross income, | |
95 | 89 | sixty-five percent (65%) of the cost of depreciable property | |
96 | 90 | purchased and utilized directly in manufacturing the product. The | |
97 | 91 | maximum exclusion shall not exceed Five Hundred Thousand Dollars | |
98 | 92 | ($500,000.00). If the exclusion allo wed by this paragraph exceeds | |
99 | 93 | the Oklahoma taxable income, or in the case of an indivi dual, the | |
100 | 94 | Oklahoma adjusted gross income, the amo unt of the exclusion that is | |
101 | 95 | in excess of such income may be carried forward as an exclusion | |
102 | 96 | against subsequent Oklahoma taxable income or in the case of an | |
103 | 97 | individual, subsequent Oklahoma adjusted gross inc ome, for a period | |
104 | 98 | not to exceed four (4) years. For the purposes of this paragraph, | |
105 | 99 | “depreciable property ” means machinery, fixtures, equipment, | |
106 | 100 | buildings, or substantia l improvements thereto, placed in service in | |
107 | 101 | this state during the taxable year years 1987 through 2023. | |
108 | 102 | B. The Oklahoma Tax Commissio n, in conjunction with the | |
109 | 103 | Oklahoma Center for the Advancement of Science and Technology, shall | |
110 | 104 | promulgate rules to implement the provisions of t his section. | |
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137 | 105 | SECTION 2. This act shall become effective November 1, 2023. | |
138 | - | Passed the Senate the 20th day of March, 2023. | |
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142 | - | Presiding Officer of the Senate | |
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145 | - | Passed the House of Representatives the ____ day of __________, | |
146 | - | 2023. | |
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150 | - | Presiding Officer of the House | |
151 | - | of Representatives | |
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106 | + | COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS | |
107 | + | February 15, 2023 - DO PASS AS AMENDED |