Oklahoma 2025 Regular Session

Oklahoma House Bill HB1206 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1206 By: Maynard
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3838 AS INTRODUCED
3939
4040 An Act relating to revenue and taxation; amending 68
4141 O.S. 2021, Section 2355, as last amended by Section
4242 1, Chapter 27, 1st Extraordinar y Session, O.S.L. 2023
4343 (68 O.S. Supp. 2024, Section 2355), which relates to
4444 income tax imposed and classes of taxpayers;
4545 modifying personal income tax rate for certain years;
4646 and providing an effective date .
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 68 O.S. 20 21, Section 2355, as
5656 last amended by Section 1, Chapter 27, 1st Extraordinary Session,
5757 O.S.L. 2023 (68 O.S. Supp. 2024, Section 2355), is amended to read
5858 as follows:
5959 Section 2355. A. Individuals. For all taxable years beginning
6060 after December 31, 1998, and before January 1, 2006, a tax is hereby
6161 imposed upon the Oklahoma taxable income of every resident or
6262 nonresident individual, which tax shall be computed at the option of
6363 the taxpayer under one of the two following methods:
6464 1. METHOD 1.
6565
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9191 a. Single individuals and married individuals filing
9292 separately not deducting federal income tax:
9393 (1) 1/2% tax on first $1,000.00 or part thereof,
9494 (2) 1% tax on next $1,500.00 or part thereof,
9595 (3) 2% tax on next $1,250.00 or part thereof,
9696 (4) 3% tax on next $1,150.00 or part thereof,
9797 (5) 4% tax on next $1,300.00 or part thereof,
9898 (6) 5% tax on next $1,500.00 or part thereof,
9999 (7) 6% tax on next $2,300.00 or part thereof, and
100100 (8) (a) for taxable years beginning after December
101101 31, 1998, and before January 1, 2002, 6.75%
102102 tax on the remainder,
103103 (b) for taxable years beginning on or after
104104 January 1, 2002, and before January 1, 2004,
105105 7% tax on the remainder, and
106106 (c) for taxable years beginning on or afte r
107107 January 1, 2004, 6.65% tax on the remainder.
108108 b. Married individuals filing jointly and surviving
109109 spouse to the extent and in the manner that a
110110 surviving spouse is permitted to file a joint return
111111 under the provisions of the Internal Revenue Code and
112112 heads of households as defined in the Internal Revenue
113113 Code not deducting federal income tax:
114114 (1) 1/2% tax on first $2,000.00 or part thereof,
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141141 (2) 1% tax on next $3,000.00 or part thereof,
142142 (3) 2% tax on next $2,500.00 or part thereof,
143143 (4) 3% tax on next $2,300 .00 or part thereof,
144144 (5) 4% tax on next $2,400.00 or part thereof,
145145 (6) 5% tax on next $2,800.00 or part thereof,
146146 (7) 6% tax on next $6,000.00 or part thereof, and
147147 (8) (a) for taxable years beginning after December
148148 31, 1998, and before January 1, 2002, 6.75 %
149149 tax on the remainder,
150150 (b) for taxable years beginning on or after
151151 January 1, 2002, and before January 1, 2004,
152152 7% tax on the remainder, and
153153 (c) for taxable years beginning on or after
154154 January 1, 2004, 6.65% tax on the remainder.
155155 2. METHOD 2.
156156 a. Single individuals and married individuals filing
157157 separately deducting federal income tax:
158158 (1) 1/2% tax on first $1,000.00 or part thereof,
159159 (2) 1% tax on next $1,500.00 or part thereof,
160160 (3) 2% tax on next $1,250.00 or part thereof,
161161 (4) 3% tax on next $1,150.00 or part thereof,
162162 (5) 4% tax on next $1,200.00 or part thereof,
163163 (6) 5% tax on next $1,400.00 or part thereof,
164164 (7) 6% tax on next $1,500.00 or part thereof,
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191191 (8) 7% tax on next $1,500.00 or part thereof,
192192 (9) 8% tax on next $2,000.00 or part thereof,
193193 (10) 9% tax on next $3,500.00 or part thereof, and
194194 (11) 10% tax on the remainder.
195195 b. Married individuals filing jointly and surviving
196196 spouse to the extent and in the manner that a
197197 surviving spouse is permitted to file a joint return
198198 under the provisions of the Interna l Revenue Code and
199199 heads of households as defined in the Internal Revenue
200200 Code deducting federal income tax:
201201 (1) 1/2% tax on the first $2,000.00 or part thereof,
202202 (2) 1% tax on the next $3,000.00 or part thereof,
203203 (3) 2% tax on the next $2,500.00 or part the reof,
204204 (4) 3% tax on the next $1,400.00 or part thereof,
205205 (5) 4% tax on the next $1,500.00 or part thereof,
206206 (6) 5% tax on the next $1,600.00 or part thereof,
207207 (7) 6% tax on the next $1,250.00 or part thereof,
208208 (8) 7% tax on the next $1,750.00 or part thereof,
209209 (9) 8% tax on the next $3,000.00 or part thereof,
210210 (10) 9% tax on the next $6,0 00.00 or part thereof, and
211211 (11) 10% tax on the remainder.
212212 B. Individuals. For all taxable years beginning on or after
213213 January 1, 2008, and ending any tax year which begins afte r December
214214 31, 2015, for which the determination required pursuant to Sections
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241241 4 and 5 of this act is made by the State Board of Equalization, a
242242 tax is hereby imposed upon the Oklahoma taxable income of every
243243 resident or nonresident individual, which tax s hall be computed as
244244 follows:
245245 1. Single individuals and married individuals fi ling
246246 separately:
247247 (a) 1/2% tax on first $1,000.00 or part thereof,
248248 (b) 1% tax on next $1,500.00 or part thereof,
249249 (c) 2% tax on next $1,250.00 or part thereof,
250250 (d) 3% tax on next $1,150.00 or part thereof,
251251 (e) 4% tax on next $2,300.00 or part thereof,
252252 (f) 5% tax on next $1,500.00 or part thereof,
253253 (g) 5.50% tax on the remainder for the 2008 tax year and
254254 any subsequent tax year unless the rate prescribed by
255255 subparagraph (h) of this pa ragraph is in effect, and
256256 (h) 5.25% tax on the remainder for the 2009 and subs equent
257257 tax years. The decrease in the top marginal
258258 individual income tax rate otherwise authorized by
259259 this subparagraph shall be contingent upon the
260260 determination required to be made by the State Board
261261 of Equalization pursuant to Section 2355.1A of this
262262 title.
263263 2. Married individuals filing jointly and surviving spouse to
264264 the extent and in the manner that a surviving spouse is permitted to
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291291 file a joint return under the provisions of the Internal Revenue
292292 Code and heads of households as defined in the Intern al Revenue
293293 Code:
294294 (a) 1/2% tax on first $2,000.00 or part thereof,
295295 (b) 1% tax on next $3,000.00 or part thereof,
296296 (c) 2% tax on next $2,500.00 or part thereof,
297297 (d) 3% tax on next $2,300.00 or part thereof,
298298 (e) 4% tax on next $2,400.00 or part thereof,
299299 (f) 5% tax on next $2,800.00 or part thereof,
300300 (g) 5.50% tax on the remainder for the 2008 tax year and
301301 any subsequent tax year unless the rate prescribed by
302302 subparagraph (h) of this pa ragraph is in effect, and
303303 (h) 5.25% tax on the remainder for the 2009 and subs equent
304304 tax years. The decrease in the top marginal
305305 individual income tax rate otherwise authorized by
306306 this subparagraph shall be contingent upon the
307307 determination required to be made by the State Board
308308 of Equalization pursuant to Section 2355.1A of this
309309 title.
310310 C. Individuals. For all taxable years beginning on or after
311311 January 1, 2024, and ending any tax year which begins after December
312312 31, 2025, a tax is hereby imposed upon th e Oklahoma taxable income
313313 of every resident or nonresident individual, which t ax shall be
314314 computed as follows:
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341341 1. Single individuals and married individuals filing
342342 separately:
343343 (a) 0.25% tax on first $1,000.00 or part thereof,
344344 (b) 0.75% tax on next $1,500. 00 or part thereof,
345345 (c) 1.75% tax on next $1,250.00 or part thereof,
346346 (d) 2.75% tax on next $1,150.00 or part thereof,
347347 (e) 3.75% tax on next $2,300.00 or part thereof,
348348 (f) 4.75% tax on the remainder.
349349 2. Married individuals filing jointly and surviving spou se to
350350 the extent and in the manner that a surviving spouse is permitted to
351351 file a joint return under the provisions of the Internal Revenue
352352 Code and heads of households as defined in the Internal Revenue
353353 Code:
354354 (a) 0.25% tax on first $2,000.00 or part there of,
355355 (b) 0.75% tax on next $3,000.00 or part thereof,
356356 (c) 1.75% tax on next $2,500.00 or part thereof,
357357 (d) 2.75% tax on next $2,300.00 or part thereof,
358358 (e) 3.75% tax on next $4,600.00 or part thereof,
359359 (f) 4.75% tax on the remainder.
360360 No deduction for federal income taxes paid shall be allowed to
361361 any taxpayer to arrive at taxable incom e.
362362 D. Individuals. For all taxable years beginning on or after
363363 January 1, 2026, a tax is hereby imposed upon the Oklahoma taxable
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390390 income of every resident or nonresident indivi dual, which tax shall
391391 be computed as follows:
392392 1. Single individuals and married individuals filing
393393 separately:
394394 (a) 0.0% tax on first $1,000.00 or part thereof,
395395 (b) 0.75% tax on next $1,500.00 or part thereof,
396396 (c) 1.75% tax on next $1,250.00 or part thereo f,
397397 (d) 2.75% tax on next $1,150.00 or part thereof,
398398 (e) 3.75% tax on next $2,3 00.00 or part thereof,
399399 (f) 4.75% tax on the remainder.
400400 2. Married individuals filing jointly and surviving spouse to
401401 the extent and in the manner that a surviving spouse is perm itted to
402402 file a joint return under the provisions of the Internal Revenue
403403 Code and heads of households as defined in the Internal Revenue
404404 Code:
405405 (a) 0.0% tax on first $2,000.00 or part thereof,
406406 (b) 0.75% tax on next $3,000.00 or part thereof,
407407 (c) 1.75% tax on next $2,500.00 or part thereof,
408408 (d) 2.75% tax on next $2,300.00 or part the reof,
409409 (e) 3.75% tax on next $4,600.00 or part thereof,
410410 (f) 4.75% tax on the remainder.
411411 No deduction for federal income taxes paid shall be allowed to
412412 any taxpayer to arrive at ta xable income.
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439439 E. Nonresident aliens. In lieu of the rates set forth in
440440 subsection A above, there shall be imposed on nonresident aliens, as
441441 defined in the Internal Revenue Code, a tax of eight percent (8%)
442442 instead of thirty percent (30%) as used in the I nternal Revenue
443443 Code, with respect to the Oklahoma taxable income of such
444444 nonresident aliens as determined under the provision of the Oklahoma
445445 Income Tax Act.
446446 Every payer of amounts covered by this subsection shall deduct
447447 and withhold from such amounts pai d each payee an amount equal to
448448 eight percent (8%) thereof. Every payer required to deduct and
449449 withhold taxes under this subsection shall for each quarterly period
450450 on or before the last day of the month following the close of each
451451 such quarterly period, p ay over the amount so withheld as taxes to
452452 the Tax Commission, and shall file a return with each such payment.
453453 Such return shall be in such form as the Tax Commission shall
454454 prescribe. Every payer required under this subsection to deduct and
455455 withhold a tax from a payee shall, as to the total amounts paid to
456456 each payee during the calendar year, furnish to such payee, on or
457457 before January 31, of the succeeding year, a written statement
458458 showing the name of the payer, the name of the payee and the payee 's
459459 Social Security account number, if any, the total amount paid
460460 subject to taxation, and the total amount deducted and withheld as
461461 tax and such other information as the Tax Commission may require.
462462 Any payer who fails to withhold or pay to the Tax Commission any
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489489 sums herein required to be withheld or paid shall be personally and
490490 individually liable therefor to the State of Oklahoma.
491491 E. F. Corporations. For all taxable years beginning after
492492 December 31, 2021, a tax is hereby imposed upon the Oklahoma taxable
493493 income of every corporation doing business within this state or
494494 deriving income from sources within this state in an amount equal to
495495 four percent (4%) thereof.
496496 There shall be no additional Oklahoma income tax imposed on
497497 accumulated taxable income or on undist ributed personal holding
498498 company income as those terms are defined in the Internal Revenue
499499 Code.
500500 F. G. Certain foreign corporations. In lieu of the tax imposed
501501 in the first paragraph of subsection D E of this section, for all
502502 taxable years beginning afte r December 31, 2021, there shall be
503503 imposed on foreign corporations, as define d in the Internal Revenue
504504 Code, a tax of four percent (4%) instead of thirty percent (30%) as
505505 used in the Internal Revenue Code, where such income is received
506506 from sources within Oklahoma, in accordance with the provisions of
507507 the Internal Revenue Code and the Oklahoma Income Tax Act.
508508 Every payer of amounts covered by this subsection shall deduct
509509 and withhold from such amounts paid each payee an amount equal to
510510 four percent (4%) th ereof. Every payer required to deduct and
511511 withhold taxes under this subsectio n shall for each quarterly period
512512 on or before the last day of the month following the close of each
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539539 such quarterly period, pay over the amount so withheld as taxes to
540540 the Tax Commission, and shall file a return with each such payment.
541541 Such return shall be in such form as the Tax Commission shall
542542 prescribe. Every payer required under this subsection to deduct and
543543 withhold a tax from a payee shall, as to the total amounts paid to
544544 each payee during the calendar year, furnish to such payee, on or
545545 before January 31, of the succeeding year, a written statement
546546 showing the name of the payer, the name of the payee and the payee 's
547547 Social Security account number, if any, the total amounts paid
548548 subject to taxation, the total amount deducted and withheld as tax
549549 and such other information as the Tax Commission may require. Any
550550 payer who fails to withhold or pay to the Tax Commission any sums
551551 herein required to be withheld or paid shall be pe rsonally and
552552 individually liable therefor to the State of Oklahoma.
553553 G. H. Fiduciaries. A tax is hereby imposed upon the Oklahoma
554554 taxable income of every trust and estate at the same rates as are
555555 provided in subsection B , or C, or D of this section for si ngle
556556 individuals. Fiduciaries are not allowed a deduction for any
557557 federal income tax paid.
558558 H. I. Tax rate tables. For all taxable years beginning after
559559 December 31, 1991, in lieu of the tax imposed by subsection A, B or
560560 C of this section, as applicable there is hereby imposed for each
561561 taxable year on the taxable income of every i ndividual, whose
562562 taxable income for such taxable year does not exceed the ceiling
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589589 amount, a tax determined under tables, applicable to such taxable
590590 year which shall be prescribed by the Tax Commission and which shall
591591 be in such form as it determines appropriate. In the table so
592592 prescribed, the amounts of the tax shall be computed on the basis of
593593 the rates prescribed by subsection A, B or C of this section. For
594594 purposes of this subsection, the term "ceiling amount" means, with
595595 respect to any taxpayer, the amount determined by the Tax Commission
596596 for the tax rate category in which such taxpayer falls.
597597 SECTION 2. This act shall become effective November 1, 2025.
598598
599599 60-1-10178 AO 01/07/25