35 | 42 | | |
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36 | 43 | | An Act relating to revenue and taxation; providing |
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37 | 44 | | for deduction from taxable income computed pursuant |
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38 | 45 | | to Oklahoma Income Tax Code for corporations; |
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39 | 46 | | specifying amount of deduction; specifying taxable |
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40 | 47 | | years for which deduction is authorized; prescribing |
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41 | 48 | | procedures for election; providing certain ex ceptions |
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42 | 49 | | related to subsidiaries; providing for codification; |
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43 | 50 | | and providing an effective date . |
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44 | 51 | | |
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45 | 52 | | |
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46 | 53 | | |
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47 | 54 | | |
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48 | 55 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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49 | 56 | | SECTION 1. NEW LAW A new section of law to be codi fied |
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50 | 57 | | in the Oklahoma Statutes as Section 2358. CE-1 of Title 68, unless |
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51 | 58 | | there is created a duplication in numbering, r eads as follows: |
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52 | 59 | | For taxable years beginning on or after January 1, 2024, based |
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53 | 60 | | upon an election as authorized by Section 2 of this act, there shall |
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54 | 61 | | be deducted from the Oklahoma taxable income amount for any |
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55 | 62 | | corporation subject to the levy of inco me tax imposed pursuant to |
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56 | 63 | | Section 2355 of Title 68 of the Oklahoma Statutes or from the amount |
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57 | 64 | | of income subject to the levy of tax imposed purs uant to Section |
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58 | 65 | | 2370 of Title 68 of the Oklahoma Statutes the following amounts: |
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88 | 96 | | 2. Forty percent (40%) of the total Oklahoma taxable income |
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89 | 97 | | amount for a taxable year beginning after December 31, 2024, and |
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90 | 98 | | before January 1, 2026; |
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91 | 99 | | 3. Sixty percent (60%) of the total Oklahoma taxable income |
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92 | 100 | | amount for a taxable year beginning after December 31, 2025, and |
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93 | 101 | | before January 1, 202 7; |
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94 | 102 | | 4. Eighty percent (80%) of the total Oklahoma taxable income |
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95 | 103 | | amount for a taxable year beginning after December 31, 2026, and |
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96 | 104 | | before January 1, 202 8; and |
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97 | 105 | | 5. One hundred percent (100%) of the total Oklahoma taxable |
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98 | 106 | | income amount for any taxable year beginning on or after January 1, |
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99 | 107 | | 2028. |
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100 | 108 | | SECTION 2. NEW LAW A new secti on of law to be codified |
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101 | 109 | | in the Oklahoma Statutes as Section 2358.CE-2 of Title 68, unless |
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102 | 110 | | there is created a dup lication in numbering, reads as follows: |
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103 | 111 | | A. Not later than June 30, 202 4, for entities in existence as |
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104 | 112 | | of the effective date of this act, and not later than sixty (60) |
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105 | 113 | | days after the formation of a n entity subject to taxation pursuant |
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106 | 114 | | to Section 2355 of Title 68 of the Oklahoma Statutes or subject to |
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107 | 115 | | taxation pursuant to Section 2370 of Title 68 of the Oklahoma |
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108 | 116 | | Statutes which occurs after the effect ive date of this act, a |
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137 | 146 | | Commission, and except as otherwise provided by this section, to |
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138 | 147 | | reduce taxable income as required pursuant to Section 1 of this act . |
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139 | 148 | | B. The irrevocable election authorized by subsection A of this |
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140 | 149 | | section shall be binding upon any subsidiary entity of the taxpayer |
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141 | 150 | | making such election unles s otherwise provided by this section. |
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142 | 151 | | C. The irrevocable election othe rwise prescribed by subsection |
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143 | 152 | | A of this section shall not be binding with respect to an entity |
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144 | 153 | | which was a subsidiary of an entity making such election during any |
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145 | 154 | | period of time the former subs idiary was not acquired by any other |
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146 | 155 | | entity. |
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147 | 156 | | D. If a former subsidiary of an entity making an ele ction |
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148 | 157 | | pursuant to subsection A of this section is acquired by another |
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149 | 158 | | entity, the entity having acquired such former subsidi ary shall be |
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150 | 159 | | authorized to make an irrevocable election which is binding upon the |
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151 | 160 | | former subsidiary of the previous entity. |
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152 | 161 | | SECTION 3. This act shall become effective January 1, 2024. |
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153 | 162 | | |
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