Oklahoma 2025 Regular Session

Oklahoma House Bill HB1209 Compare Versions

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2727 STATE OF OKLAHOMA
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2929 1st Session of the 60th Legislature (2025)
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3131 HOUSE BILL 1209 By: Maynard
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3737 AS INTRODUCED
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3939 An Act relating to revenue and taxation; amending 68
4040 O.S. 2021, Section 2355, as last amended by Section
4141 1, Chapter 27, 1st Extraordinar y Session, O.S.L. 2023
4242 (68 O.S. Supp. 2024, Section 2355), which relates to
4343 income tax imposed and classes of taxpayer; modifying
4444 personal income tax rate for certain years; and
4545 providing an effective date.
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5353 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5454 SECTION 1. AMENDATORY 68 O.S. 202 1, Section 2355, as
5555 last amended by Section 1, Chapter 27, 1st Extraordinary Session,
5656 O.S.L. 2023 (68 O.S. Supp. 2024, Section 2355), is amended to read
5757 as follows:
5858 Section 2355. A. Individuals. For all taxable years beginning
5959 after December 31, 1998, and before January 1, 2006, a tax is hereby
6060 imposed upon the Oklahoma taxable income of every resident or
6161 nonresident individual, which tax shall be computed at the option of
6262 the taxpayer under one of the two following methods:
6363 1. METHOD 1.
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8989 a. Single individuals and married individuals filing
9090 separately not deducting federal income tax:
9191 (1) 1/2% tax on first $1,000.00 or part thereof,
9292 (2) 1% tax on next $1,500.00 or part thereof,
9393 (3) 2% tax on next $1,250.00 or part thereof,
9494 (4) 3% tax on next $1,150.00 or part thereof,
9595 (5) 4% tax on next $1,300.00 or part thereof,
9696 (6) 5% tax on next $1,500.00 or part thereof,
9797 (7) 6% tax on next $2,300.00 or part thereof, and
9898 (8) (a) for taxable years beginning after December
9999 31, 1998, and before January 1, 2002, 6.75%
100100 tax on the remainder,
101101 (b) for taxable years beginning on or after
102102 January 1, 2002, and before January 1, 2004,
103103 7% tax on the remainder, and
104104 (c) for taxable years beginning on or after
105105 January 1, 2004, 6.65% tax on the remainder.
106106 b. Married individuals filing jointly and surviving
107107 spouse to the extent and in the manner that a
108108 surviving spouse is permitted to file a joint return
109109 under the provisions of the Internal Revenue Code and
110110 heads of households as defined in the Internal Revenue
111111 Code not deducting federal i ncome tax:
112112 (1) 1/2% tax on first $2,000.00 or part thereof,
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138138 (2) 1% tax on next $3,000.00 or part thereof,
139139 (3) 2% tax on next $2,500.00 or part thereof,
140140 (4) 3% tax on next $2,300. 00 or part thereof,
141141 (5) 4% tax on next $2,400.00 or part thereof,
142142 (6) 5% tax on next $2,800.00 or part thereof,
143143 (7) 6% tax on next $6,000.00 or part thereof, and
144144 (8) (a) for taxable years beginning after December
145145 31, 1998, and before January 1, 2002, 6.75%
146146 tax on the remainder,
147147 (b) for taxable years beginning on or after
148148 January 1, 2002, and before January 1, 2004,
149149 7% tax on the remainder, and
150150 (c) for taxable years beginning on or after
151151 January 1, 2004, 6.65% tax on the remainder.
152152 2. METHOD 2.
153153 a. Single individuals and married individuals filing
154154 separately deducting federal income tax:
155155 (1) 1/2% tax on first $1,000.00 or part thereof,
156156 (2) 1% tax on next $1,500.00 or part thereof,
157157 (3) 2% tax on next $1,250.00 or part thereof,
158158 (4) 3% tax on next $1,150.00 or p art thereof,
159159 (5) 4% tax on next $1,200.00 or part thereof,
160160 (6) 5% tax on next $1,400.00 or part thereof,
161161 (7) 6% tax on next $1,500.00 or part thereof,
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187187 (8) 7% tax on next $1,500.00 or part thereof,
188188 (9) 8% tax on next $2,000.00 or part thereof,
189189 (10) 9% tax on next $3,500.00 or part thereof, and
190190 (11) 10% tax on the remainder.
191191 b. Married individuals filing jointly and surviving
192192 spouse to the extent and in the manner that a
193193 surviving spouse is permitted to file a joint return
194194 under the provisions of the Internal Revenue Code and
195195 heads of households as defined in the Internal Revenue
196196 Code deducting federal income tax:
197197 (1) 1/2% tax on the first $2,000.00 or part thereof,
198198 (2) 1% tax on the next $3,000.00 or part thereof,
199199 (3) 2% tax on the next $2,500.00 or part ther eof,
200200 (4) 3% tax on the next $1,400.00 or part thereof,
201201 (5) 4% tax on the next $1,500.00 or part thereof,
202202 (6) 5% tax on the next $1,600.00 or part thereof,
203203 (7) 6% tax on the next $1,250.00 or part thereof,
204204 (8) 7% tax on the next $1,750.00 or part thereof,
205205 (9) 8% tax on the next $3,000.00 or part thereof,
206206 (10) 9% tax on the next $6,00 0.00 or part thereof, and
207207 (11) 10% tax on the remainder.
208208 B. Individuals. For all taxable years beginning on or after
209209 January 1, 2008, and ending any tax year which begins after December
210210 31, 2015, for which the determination required pursuant to Sections
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236236 4 and 5 of this act is made by the State Board of Equalization, a
237237 tax is hereby imposed upon the Oklahoma taxable income of every
238238 resident or nonresident individual, which tax sh all be computed as
239239 follows:
240240 1. Single individuals and married individuals fil ing
241241 separately:
242242 (a) 1/2% tax on first $1,000.00 or part thereof,
243243 (b) 1% tax on next $1,500.00 or part thereof,
244244 (c) 2% tax on next $1,250.00 or part thereof,
245245 (d) 3% tax on next $1,150.00 or part thereof,
246246 (e) 4% tax on next $2,300.00 or part thereof,
247247 (f) 5% tax on next $1,500.00 or part thereof,
248248 (g) 5.50% tax on the remainder for the 2008 tax year and
249249 any subsequent tax year unless the rate prescribed by
250250 subparagraph (h) of this par agraph is in effect, and
251251 (h) 5.25% tax on the remainder for the 2009 and subse quent
252252 tax years. The decrease in the top marginal
253253 individual income tax rate otherwise authorized by
254254 this subparagraph shall be contingent upon the
255255 determination required to be made by the State Board
256256 of Equalization pursuant to Section 2355.1A of this
257257 title.
258258 2. Married individuals filing jointly and surviving spouse to
259259 the extent and in the manner that a surviving spouse is permitted to
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285285 file a joint return under the provisions of the Internal Revenue
286286 Code and heads of households as defined in the Interna l Revenue
287287 Code:
288288 (a) 1/2% tax on first $2,000.00 or part thereof,
289289 (b) 1% tax on next $3,000.00 or part thereof,
290290 (c) 2% tax on next $2,500.00 or part thereof,
291291 (d) 3% tax on next $2,300.00 or part thereof,
292292 (e) 4% tax on next $2,400.00 or part thereof,
293293 (f) 5% tax on next $2,800.00 or part thereof,
294294 (g) 5.50% tax on the remainder for the 2008 tax year and
295295 any subsequent tax year unless the rate prescribed by
296296 subparagraph (h) of this par agraph is in effect, and
297297 (h) 5.25% tax on the remainder for the 2009 and subse quent
298298 tax years. The decrease in the top marginal
299299 individual income tax rate otherwise authorized by
300300 this subparagraph shall be contingent upon the
301301 determination required to be made by the State Board
302302 of Equalization pursuant to Section 2355.1A of this
303303 title.
304304 C. Individuals. For all taxable years beginning on or after
305305 January 1, 2024, and ending any tax year which begins after December
306306 31, 2025, a tax is hereby imposed upon the Oklahoma taxable income
307307 of every resident or nonresident individual, which ta x shall be
308308 computed as follows:
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334334 1. Single individuals and married individuals filing
335335 separately:
336336 (a) 0.25% tax on first $1,000.00 or part thereof,
337337 (b) 0.75% tax on next $1,500.0 0 or part thereof,
338338 (c) 1.75% tax on next $1,250.00 or part thereof,
339339 (d) 2.75% tax on next $1,150.00 or part thereof,
340340 (e) 3.75% tax on next $2,300.00 or part thereof,
341341 (f) 4.75% tax on the remainder.
342342 2. Married individuals filing jointly and surviving spous e to
343343 the extent and in the manner that a surviving spouse is permitted to
344344 file a joint return under the provisions of the Internal Revenue
345345 Code and heads of households as defined in the Internal Revenue
346346 Code:
347347 (a) 0.25% tax on first $2,000.00 or part thereo f,
348348 (b) 0.75% tax on next $3,000.00 or part thereof,
349349 (c) 1.75% tax on next $2,500.00 or part thereof,
350350 (d) 2.75% tax on next $2,300.00 or part thereof,
351351 (e) 3.75% tax on next $4,600.00 or part thereof,
352352 (f) 4.75% tax on the remainder.
353353 No deduction for federal income taxes paid shall be allowed to
354354 any taxpayer to arrive at taxable income .
355355 D. Individuals. For all taxable years beginning on or after
356356 January 1, 2026, a tax is hereby imposed upon the Oklahoma taxable
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382382 income of every resident or nonresident individ ual, which tax shall
383383 be computed as follows:
384384 1. Single individuals and married individuals filing
385385 separately:
386386 (a) 0.0% tax on first $1,000.00 or part thereof,
387387 (b) 0.0% tax on next $1,500.00 or part thereof,
388388 (c) 0.0% tax on next $1,250.00 or part thereof,
389389 (d) 0.0% tax on next $1,150.00 or part thereof,
390390 (e) 3.75% tax on next $2,300.0 0 or part thereof,
391391 (f) 4.75% tax on the remainder.
392392 2. Married individuals filing jointly and surviving spouse to
393393 the extent and in the manner that a surviving spouse is permitte d to
394394 file a joint return under the provisions of the Internal Revenue
395395 Code and heads of households as defined in the Internal Revenue
396396 Code:
397397 (a) 0.0% tax on first $2,000.00 or part thereof,
398398 (b) 0.0% tax on next $3,000.00 or part thereof,
399399 (c) 0.0% tax on next $2,500.00 or part thereof,
400400 (d) 0.0% tax on next $2,300.00 or part thereof,
401401 (e) 3.75% tax on next $4,600.00 or part thereof,
402402 (f) 4.75% tax on the remainder.
403403 No deduction for federal income taxes paid shall be allowed to
404404 any taxpayer to arrive at taxable i ncome.
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430430 D. E. Nonresident aliens. In lieu of the rates set forth in
431431 subsection A above, there shall be imposed on nonresident aliens, as
432432 defined in the Internal Revenue Code, a tax of eight percent (8%)
433433 instead of thirty percent (30%) as used in the Inter nal Revenue
434434 Code, with respect to the Oklahoma taxable income of such
435435 nonresident aliens as determined under the provision of the Oklahoma
436436 Income Tax Act.
437437 Every payer of amounts covered by this subsection shall deduct
438438 and withhold from such amounts paid ea ch payee an amount equal to
439439 eight percent (8%) thereof. Every payer required to deduct and
440440 withhold taxes under this subsection shall for each quarterly period
441441 on or before the last day of the month following the close of each
442442 such quarterly period, pay o ver the amount so withheld as taxes to
443443 the Tax Commission, and shall file a re turn with each such payment.
444444 Such return shall be in such form as the Tax Commission shall
445445 prescribe. Every payer required under this subsection to deduct and
446446 withhold a tax from a payee shall, as to the total amounts paid to
447447 each payee during the calendar year, furnish to such payee, on or
448448 before January 31, of the succeeding year, a written statement
449449 showing the name of the payer, the name of the payee and the payee 's
450450 Social Security account number, if any, the total amount paid
451451 subject to taxation, and the total amount deducted and withheld as
452452 tax and such other information as the Tax Commission may require.
453453 Any payer who fails to withhold or pay to the Tax Commission any
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479479 sums herein required to be withheld or paid shall be personally and
480480 individually liable therefor to the State of Oklahoma.
481481 E. F. Corporations. For all taxable years beginning after
482482 December 31, 2021, a tax is hereby imposed upon the Oklahoma taxable
483483 income of every corporation doing business within this state or
484484 deriving income from sources within this state in an amount equal to
485485 four percent (4%) thereof.
486486 There shall be no additional Oklahoma income tax imposed on
487487 accumulated taxable income or on undistribu ted personal holding
488488 company income as those terms are defined in the Internal Revenue
489489 Code.
490490 F. G. Certain foreign corporations. In lieu of the tax imposed
491491 in the first paragraph of subsection D E of this section, for all
492492 taxable years beginning after De cember 31, 2021, there shall be
493493 imposed on foreign corporations, as defined in the Internal Revenue
494494 Code, a tax of four percent (4%) instead of thirty percent (30%) as
495495 used in the Internal Revenue Code, where such income is received
496496 from sources within Okl ahoma, in accordance with the provisions of
497497 the Internal Revenue Code and the Oklahoma Income Tax Act.
498498 Every payer of amounts covered by this subsection shall deduct
499499 and withhold from such amounts paid each payee an amount equal to
500500 four percent (4%) thereo f. Every payer required to deduct and
501501 withhold taxes under this subsection sh all for each quarterly period
502502 on or before the last day of the month following the close of each
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528528 such quarterly period, pay over the amount so withheld as taxes to
529529 the Tax Commission, and shall file a return with each such payment.
530530 Such return shall be in such form as the Tax Commission shall
531531 prescribe. Every payer required under this subsection to deduct and
532532 withhold a tax from a payee shall, as to the total amounts paid to
533533 each payee during the calendar year, furnish to such payee, on or
534534 before January 31, of the succeeding year, a written statement
535535 showing the name of the payer, the name of the payee and the payee 's
536536 Social Security account number, if any, the total amounts pai d
537537 subject to taxation, the total amount deducted and withheld as tax
538538 and such other information as the Tax Commission may require. Any
539539 payer who fails to withhold or pay to the Tax Commission any sums
540540 herein required to be withheld or paid shall be person ally and
541541 individually liable therefor to the State of Oklahoma.
542542 G. H. Fiduciaries. A tax is hereby imposed upon the Oklahoma
543543 taxable income of every trust and estate at the same rates as are
544544 provided in subsection subsections B or, C, or D of this section for
545545 single individuals. Fiduciaries are not allowed a deduction for any
546546 federal income tax paid.
547547 H. I. Tax rate tables. For all taxable years beginning after
548548 December 31, 1991, in lieu of the tax imposed by subsection A, B or
549549 C of this section, as app licable there is hereby imposed for each
550550 taxable year on the taxable income of every individual, whose
551551 taxable income for such taxable year does not exceed the ceiling
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577577 amount, a tax determined under tables, applicable to such taxable
578578 year which shall be pr escribed by the Tax Commission and which shall
579579 be in such form as it determines appropriate. In the table so
580580 prescribed, the amounts of the tax shall be computed on the basis of
581581 the rates prescribed by subsection A, B or C of this section. For
582582 purposes of this subsection, the term "ceiling amount" means, with
583583 respect to any taxpay er, the amount determined by the Tax Commission
584584 for the tax rate category in which such taxpayer falls.
585585 SECTION 2. This act shall become effective November 1, 20 25.
586586
587587 60-1-10181 AO 01/11/25