Oklahoma 2025 Regular Session

Oklahoma House Bill HB1267 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 1267 By: Eaves
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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 Extraordinary Session, O.S.L. 2023
4242 (68 O.S. Supp. 2024, Section 2355), which relates to
4343 income tax imposed and classes of tax payers;
4444 modifying personal income tax rate for certain years;
4545 and providing an effective date.
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5151 BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
5252 SECTION 1. AMENDATORY 68 O.S. 2021, Section 2355, as
5353 last amended by Section 1, Chapter 27, 1st Extraordinary Session,
5454 O.S.L. 2023 (68 O.S. Supp. 2024, Section 2355), is amended to read
5555 as follows:
5656 Section 2355. Tax imposed - Classes of taxpayers.
5757 A. Individuals. For all taxable years beginning after December
5858 31, 1998, and before January 1, 2006, a tax is hereby imposed upon
5959 the Oklahoma taxable income of every resident or nonresident
6060 individual, which tax shall be computed at the option of the
6161 taxpayer under one of the two following meth ods:
6262 1. METHOD 1.
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8888 a. Single individuals and married individuals filing
8989 separately not deducting federal income tax:
9090 (1) 1/2% tax on first $1,000.00 or part thereof,
9191 (2) 1% tax on next $1,500.00 or part thereof,
9292 (3) 2% tax on next $1,250.00 or part thereof,
9393 (4) 3% tax on next $1,150.00 or part thereof,
9494 (5) 4% tax on next $1,300.00 or part thereof,
9595 (6) 5% tax on next $1,500.00 or part thereof,
9696 (7) 6% tax on next $2,300.00 or part t hereof, and
9797 (8) (a) for taxable years beginning after December
9898 31, 1998, and before January 1, 2002, 6.75%
9999 tax on the remainder,
100100 (b) for taxable years beginning on or after
101101 January 1, 2002, and before January 1, 2004,
102102 7% tax on the remainder, and
103103 (c) for taxable years beginning on or after
104104 January 1, 2004, 6.65% tax on the remainder.
105105 b. Married individuals filing jointly and surviving
106106 spouse to the extent and in the manner that a
107107 surviving spouse is permitted to file a joint return
108108 under the provisions of t he Internal Revenue Code and
109109 heads of households as defined in the Internal Re venue
110110 Code not deducting federal income tax:
111111 (1) 1/2% tax on first $2,000.00 or part thereof,
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137137 (2) 1% tax on next $3,000.00 or part thereof,
138138 (3) 2% tax on next $2,500.00 or part t hereof,
139139 (4) 3% tax on next $2,300.00 or part thereof,
140140 (5) 4% tax on next $2,400.00 or part thereof,
141141 (6) 5% tax on next $2,800.00 or part thereof,
142142 (7) 6% tax on next $6,000.00 or part thereof, and
143143 (8) (a) for taxable years beginning after December
144144 31, 1998, and before January 1, 2002, 6.75%
145145 tax on the remainder,
146146 (b) for taxable years beginning on or after
147147 January 1, 2002, and before January 1, 2004,
148148 7% tax on the remainder, and
149149 (c) for taxable years beginning on or after
150150 January 1, 2004, 6.65% tax on the rem ainder.
151151 2. METHOD 2.
152152 a. Single individuals and married individuals filing
153153 separately deducting federal income tax:
154154 (1) 1/2% tax on first $1,000.00 or part thereof,
155155 (2) 1% tax on next $1,500.00 or part thereof,
156156 (3) 2% tax on next $1,250.00 or part thereof,
157157 (4) 3% tax on next $1,150.00 or part thereof,
158158 (5) 4% tax on next $1,200.00 or part thereof,
159159 (6) 5% tax on next $1,400.00 or part thereof,
160160 (7) 6% tax on next $1,500.00 or part thereof,
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186186 (8) 7% tax on next $1,500.00 or part thereof,
187187 (9) 8% tax on next $2,000 .00 or part thereof,
188188 (10) 9% tax on next $3,500.00 or part thereof, and
189189 (11) 10% tax on the remainder.
190190 b. Married individuals filing jointly and surviving
191191 spouse to the extent and in the manner that a
192192 surviving spouse is permitted to file a joint return
193193 under the provisions of the Internal Revenue Code and
194194 heads of households as def ined in the Internal Revenue
195195 Code deducting federal income tax:
196196 (1) 1/2% tax on the first $2,000.00 or part thereof,
197197 (2) 1% tax on the next $3,000.00 or part thereof,
198198 (3) 2% tax on the next $2,500.00 or part thereof,
199199 (4) 3% tax on the next $1,400.00 or part thereof,
200200 (5) 4% tax on the next $1,500.00 or part thereof,
201201 (6) 5% tax on the next $1,600.00 or part thereof,
202202 (7) 6% tax on the next $1,250.00 or part thereof,
203203 (8) 7% tax on the next $1,750.00 or part thereof,
204204 (9) 8% tax on the next $3,000.00 or part ther eof,
205205 (10) 9% tax on the next $6,000.00 or part thereof, and
206206 (11) 10% tax on the remainder.
207207 B. Individuals. For all taxable years beginning on or after
208208 January 1, 2008, and endi ng any tax year which begins after December
209209 31, 2015, for which the determination required pursuant to Sections
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235235 4 and 5 of this act is made by the State Board of Equalization, a
236236 tax is hereby imposed upon the Oklahoma taxable income of every
237237 resident or nonresident individual, which tax shall be computed as
238238 follows:
239239 1. Single individuals and married individuals filing
240240 separately:
241241 (a) 1/2% tax on first $1,000.00 or part thereof,
242242 (b) 1% tax on next $1,500.00 or part thereof,
243243 (c) 2% tax on next $1,250.00 or p art thereof,
244244 (d) 3% tax on next $1,150.00 or part thereof,
245245 (e) 4% tax on next $2,300.00 or part thereof,
246246 (f) 5% tax on next $1,500.00 or part thereof,
247247 (g) 5.50% tax on the remainder for the 2008 tax year and
248248 any subsequent tax year unless the rate prescrib ed by
249249 subparagraph (h) of this paragraph is in effect, and
250250 (h) 5.25% tax on the remainder for the 2009 and subsequent
251251 tax years. The decrease in the top marginal
252252 individual income tax rate otherwise authorized by
253253 this subparagraph shall be contingent upon the
254254 determination required to be made by the State Board
255255 of Equalization pursuant to Section 2355.1A of this
256256 title.
257257 2. Married individuals filing jointly and surviving spouse to
258258 the extent and in the manner that a surviving spouse is permitted to
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284284 file a joint return under the provisions of the Internal Revenue
285285 Code and heads of ho useholds as defined in the Internal Revenue
286286 Code:
287287 (a) 1/2% tax on first $2,000.00 or part thereof,
288288 (b) 1% tax on next $3,000.00 or part thereof,
289289 (c) 2% tax on next $2,500.00 or p art thereof,
290290 (d) 3% tax on next $2,300.00 or part thereof,
291291 (e) 4% tax on next $2,400.00 or part thereof,
292292 (f) 5% tax on next $2,800.00 or part thereof,
293293 (g) 5.50% tax on the remainder for the 2008 tax year and
294294 any subsequent tax year unless the rate prescrib ed by
295295 subparagraph (h) of this paragraph is in effect, and
296296 (h) 5.25% tax on the remainder for the 2009 and subsequent
297297 tax years. The decrease in the top marginal
298298 individual income tax rate otherwise authorized by
299299 this subparagraph shall be contingent upon the
300300 determination required to be made by the State Board
301301 of Equalization pursuant to Section 2355.1A of this
302302 title.
303303 C. Individuals. For all taxable years beginning on or after
304304 January 1, 2024, and ending any tax year which begins after December
305305 31, 2025, a tax is hereby imposed upon the Oklahoma taxable income
306306 of every resident or nonresident individual, which tax shall be
307307 computed as follows:
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333333 1. Single individuals and married individuals filing
334334 separately:
335335 (a) 0.25% tax on first $1,000.00 or part there of,
336336 (b) 0.75% tax on next $1,500.00 or part thereof,
337337 (c) 1.75% tax on next $1,250.00 or part thereof,
338338 (d) 2.75% tax on next $1,150.00 or part thereof,
339339 (e) 3.75% tax on next $2,300.00 or part thereof,
340340 (f) 4.75% tax on the remainder.
341341 2. Married individuals filing jointly and surviving spouse to
342342 the extent and in the manner that a sur viving spouse is permitted to
343343 file a joint return under the provisions of the Internal Revenue
344344 Code and heads of households as defined in the Internal Revenue
345345 Code:
346346 (a) 0.25% tax on first $2,000.00 or part thereof,
347347 (b) 0.75% tax on next $3,000.00 or part thereof,
348348 (c) 1.75% tax on next $2,500.00 or part thereof,
349349 (d) 2.75% tax on next $2,300.00 or part thereof,
350350 (e) 3.75% tax on next $4,600.00 or part thereof,
351351 (f) 4.75% tax on the remainder.
352352 No deduction for federal income taxes paid shall be allowed to
353353 any taxpayer to arrive at taxable income.
354354 D. Individuals. For all taxable years beginning on or after
355355 January 1, 2026, a tax is hereby imposed upon the Oklahoma taxable
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381381 income of every resident or nonresident individual, which tax shall
382382 be computed as follows:
383383 1. Single individuals and married individuals filing
384384 separately:
385385 (a) 0.0% tax on first $1,000.00 or part thereof,
386386 (b) 0.0% tax on next $1,500.00 or part thereof,
387387 (c) 1.75% tax on next $1,250.00 or part thereof,
388388 (d) 2.75% tax on next $1,150.00 or part the reof,
389389 (e) 3.75% tax on next $2,300.00 or part thereof,
390390 (f) 4.75% tax on the remainder.
391391 2. Married individuals filing jointly and surviving spouse to
392392 the extent and in the manner that a surviving spouse is permitted to
393393 file a joint return under the provisions of the Internal Revenue
394394 Code and heads of households as defined in the Internal Revenue
395395 Code:
396396 (a) 0.0% tax on first $2,000.00 or part thereof,
397397 (b) 0.0% tax on next $3,000.00 or part thereof,
398398 (c) 1.75% tax on next $2,500.00 or part thereof,
399399 (d) 2.75% tax on next $2,300.00 or part thereof,
400400 (e) 3.75% tax on next $4,600.00 or part thereof,
401401 (f) 4.75% tax on the remainder.
402402 No deduction for federal income taxes paid shall be allowed to
403403 any taxpayer to arrive at taxable income.
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429429 D. E. Nonresident aliens. In lieu of the rates set forth in
430430 subsection A above, there shall be imposed on nonresident aliens, as
431431 defined in the Internal Revenue Code, a tax of eight percent (8%)
432432 instead of thirty percent (30%) as used in the Internal Revenue
433433 Code, with respect to the Ok lahoma taxable income of such
434434 nonresident aliens as determined under the provision of the Oklahoma
435435 Income Tax Act.
436436 Every payer of amounts covered by this subsection shall deduct
437437 and withhold from such amounts paid each payee an amount equal to
438438 eight percent (8%) thereof. Every payer required to deduct and
439439 withhold taxes under this subsection shall for each quarterly period
440440 on or before the last day of the month following the clos e of each
441441 such quarterly period, pay over the amount so withheld as taxes to
442442 the Tax Commission, and shall file a return with each such payment.
443443 Such return shall be in such form as the Tax Commission shall
444444 prescribe. Every payer required under this subs ection to deduct and
445445 withhold a tax from a payee shall, as to the total amounts paid to
446446 each payee during the calendar year, furnish to such payee, on or
447447 before January 31, of the succeeding year, a written statement
448448 showing the name of the payer, the name of the payee and the payee 's
449449 Social Security account number, if any, the tota l amount paid
450450 subject to taxation, and the total amount deducted and withheld as
451451 tax and such other information as the Tax Commission may require.
452452 Any payer who fails to withhol d or pay to the Tax Commission any
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478478 sums herein required to be withheld or paid shall be personally and
479479 individually liable therefor to the State of Oklahoma.
480480 E. F. Corporations. For all taxable years beginning after
481481 December 31, 2021, a tax is hereby imp osed upon the Oklahoma taxable
482482 income of every corporation doing business with in this state or
483483 deriving income from sources within this state in an amount equal to
484484 four percent (4%) thereof.
485485 There shall be no additional Oklahoma income tax imposed on
486486 accumulated taxable income or on undistributed personal holding
487487 company income as those terms are defined in the Internal Revenue
488488 Code.
489489 F. G. Certain foreign corporations. In lieu of the tax imposed
490490 in the first paragraph of subsection D E of this section, for all
491491 taxable years beginning after December 31, 2021, there shall be
492492 imposed on foreign corporations, as defined in the Internal Revenue
493493 Code, a tax of four percent (4%) instead of thirty percent (30%) as
494494 used in the Internal Revenue Code, where such inco me is received
495495 from sources within Oklahoma, in accordance with the provisions of
496496 the Internal Revenue Code and the Oklahoma Income Tax Act.
497497 Every payer of amounts covered by this subsection shall deduct
498498 and withhold from such amounts paid each payee an am ount equal to
499499 four percent (4%) thereof. Every payer required to deduct and
500500 withhold taxes under this subsection shall for each quarterly period
501501 on or before the last day of the month following the close of each
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527527 such quarterly period, pay over the amount so withheld as taxes to
528528 the Tax Commission, and shall file a return with each such payment.
529529 Such return shall be in such form as the Tax Commission shall
530530 prescribe. Every payer required under this subsection to deduct and
531531 withhold a tax from a payee shal l, as to the total amounts paid to
532532 each payee during the calendar year, furnis h to such payee, on or
533533 before January 31, of the succeeding year, a written statement
534534 showing the name of the payer, the name of the payee and the payee 's
535535 Social Security account number, if any, the total amounts paid
536536 subject to taxation, the total amount deducted and withheld as tax
537537 and such other information as the Tax Commission may require. Any
538538 payer who fails to withhold or pay to the Tax Commission any sums
539539 herein required to be withheld or paid shall be personally and
540540 individually liable therefor to the State of Oklahoma.
541541 G. H. Fiduciaries. A tax is hereby imposed upon the Oklahoma
542542 taxable income of every trust and estate at the same rates as are
543543 provided in subsection B or, C, or D of this section for single
544544 individuals. Fiduciaries are not allowed a deduction for any
545545 federal income tax paid.
546546 H. I. Tax rate tables. For all taxable years beginning after
547547 December 31, 1991, in lieu of the tax imposed by subsection A, B or
548548 C of this section, as applicable there is hereby imposed for each
549549 taxable year on the taxable income of every individual, whose
550550 taxable income for such taxable year does not exceed the ceiling
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576576 amount, a tax determined under tables, applicable to such taxa ble
577577 year which shall be prescribed by the Tax Commission and which shall
578578 be in such form as it determines appropriate. In the table so
579579 prescribed, the amounts of the tax shall be computed on the basis of
580580 the rates prescribed by subsection A, B or C of thi s section. For
581581 purposes of this subsection, the term "ceiling amount" means, with
582582 respect to any taxpayer, the amount determined by the Tax Commission
583583 for the tax rate category in which such taxpayer falls.
584584 SECTION 2. This act shall becom e effective November 1, 2025.
585585
586586 60-1-11333 AO 01/07/25