Oklahoma 2025 Regular Session

Oklahoma House Bill HB2195 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 2195 By: Wolfley
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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 rates; modifying individual income tax
4444 rates; modifying references to income tax years; a nd
4545 providing an effective date.
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5555 BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
5656 SECTION 1. AMENDATORY 68 O.S. 2021, Section 2355, as
5757 last amended by Section 1, Chapter 27, 1st Extraordinary Session,
5858 O.S.L. 2023 (68 O.S. Supp. 2024, Section 2355), is amended to read
5959 as follows:
6060 Section 2355. A. Individuals. For all taxable years beginning
6161 after December 31, 1998, and before January 1, 2006, a tax is hereby
6262 imposed upon the Oklahoma taxable income of every resident or
6363 nonresident individual, which tax shall be computed at the option of
6464 the taxpayer under one of the two following methods:
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9090 1. METHOD 1.
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 thereo f,
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 af ter
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 federa l income tax:
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139139 (1) 1/2% tax on first $2,000.00 or part thereof,
140140 (2) 1% tax on next $3,000.00 or part thereof,
141141 (3) 2% tax on next $2,500.00 or part thereof,
142142 (4) 3% tax on next $2,300.00 or part thereof,
143143 (5) 4% tax on next $2,400.00 or part thereof,
144144 (6) 5% tax on next $2,800.00 or part thereof,
145145 (7) 6% tax on next $6,000.00 or part thereof, and
146146 (8) (a) for taxable years beginning after December
147147 31, 1998, and before January 1, 2002, 6. 75%
148148 tax on the remainder,
149149 (b) for taxable years beginning on or after
150150 January 1, 2002, and before January 1, 2004,
151151 7% tax on the remainder, and
152152 (c) for taxable years beginning on or after
153153 January 1, 2004, 6.65% tax on the remainder.
154154 2. METHOD 2.
155155 a. Single individuals and married individuals filing
156156 separately deducting federal income tax:
157157 (1) 1/2% tax on first $1,000.00 or part thereof,
158158 (2) 1% tax on next $1,500.00 or part thereof,
159159 (3) 2% tax on next $1,250.00 or part thereof,
160160 (4) 3% tax on next $1,150.00 o r part thereof,
161161 (5) 4% tax on next $1,200.00 or part thereof,
162162 (6) 5% tax on next $1,400.00 or part thereof,
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188188 (7) 6% tax on next $1,500.00 or part thereof,
189189 (8) 7% tax on next $1,500.00 or part thereof,
190190 (9) 8% tax on next $2,000.00 or part thereof,
191191 (10) 9% tax on next $3,500.00 or part thereof, and
192192 (11) 10% tax on the remainder.
193193 b. Married individuals filing jointly and surviving
194194 spouse to the extent and in the manner that a
195195 surviving spouse is permitted to file a joint return
196196 under the provisions of the Inter nal Revenue Code and
197197 heads of households as defined in the Internal Revenue
198198 Code deducting federal income tax:
199199 (1) 1/2% tax on the first $2,000.00 or part thereof,
200200 (2) 1% tax on the next $3,000.00 or part thereof,
201201 (3) 2% tax on the next $2,500.00 or part t hereof,
202202 (4) 3% tax on the next $1,400.00 or part thereof,
203203 (5) 4% tax on the next $1,500.00 or part thereof,
204204 (6) 5% tax on the next $1,600.00 or part thereof,
205205 (7) 6% tax on the next $1,250.00 or part thereof,
206206 (8) 7% tax on the next $1,750.00 or part thereof ,
207207 (9) 8% tax on the next $3,000.00 or part thereof,
208208 (10) 9% tax on the next $6 ,000.00 or part thereof, and
209209 (11) 10% tax on the remainder.
210210 B. Individuals. For all taxable years beginning on or after
211211 January 1, 2008, and ending any tax year which begins af ter December
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237237 31, 2015, for which the determination required pursuant to Sections
238238 4 and 5 of this act is made by the State Board of Equalization, a
239239 tax is hereby imposed upon the Oklahoma taxable income of every
240240 resident or nonresident individual, which tax shall be computed as
241241 follows:
242242 1. Single individuals and married individuals filing
243243 separately:
244244 (a) 1/2% tax on first $1,000.00 or part thereof,
245245 (b) 1% tax on next $1,500.00 or part thereof,
246246 (c) 2% tax on next $1,250.00 or part thereof,
247247 (d) 3% tax on next $1,150.00 or part thereof,
248248 (e) 4% tax on next $2,300.00 or part thereof,
249249 (f) 5% tax on next $1,500.00 or part thereof,
250250 (g) 5.50% tax on the remainder for the 2008 tax year and
251251 any subsequent tax year unless the rate prescribed by
252252 subparagraph (h) of this paragraph is in effect, and
253253 (h) 5.25% tax on the remainder for the 2009 and su bsequent
254254 tax years. The decrease in the top marginal
255255 individual income tax rate otherwise authorized by
256256 this subparagraph shall be contingent upon the
257257 determination required to be made by the State Board
258258 of Equalization pursuant to Section 2355.1A of this
259259 title.
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285285 2. Married individuals filing jointly and surviving spouse to
286286 the extent and in the manner that a surviving spouse is permitted to
287287 file a joint return under the provisio ns of the Internal Revenue
288288 Code and heads of households as defined in the Inte rnal Revenue
289289 Code:
290290 (a) 1/2% tax on first $2,000.00 or part thereof,
291291 (b) 1% tax on next $3,000.00 or part thereof,
292292 (c) 2% tax on next $2,500.00 or part thereof,
293293 (d) 3% tax on next $2,300.00 or part thereof,
294294 (e) 4% tax on next $2,400.00 or part thereof,
295295 (f) 5% tax on next $2,800.00 or part thereof,
296296 (g) 5.50% tax on the remainder for the 2008 tax year and
297297 any subsequent tax year unless the rate prescribed by
298298 subparagraph (h) of this paragraph is in effect, and
299299 (h) 5.25% tax on the remainder for the 2009 and su bsequent
300300 tax years. The decrease in the top marginal
301301 individual income tax rate otherwise authorized by
302302 this subparagraph shall be contingent upon the
303303 determination required to be made by the State Board
304304 of Equalization pursuant to Section 2355.1A of this
305305 title.
306306 C. Individuals. For all taxable years beginning on or after
307307 January 1, 2024 2026, a tax is hereby imposed upon the Oklahoma
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333333 taxable income of every resident or nonresid ent individual, which
334334 tax shall be computed as follows:
335335 1. Single individuals and married individuals filing
336336 separately:
337337 (a) 0.25% 0.00% tax on first $1,000.00 or part thereof,
338338 (b) 0.75% tax on next $1,500.00 or part thereof,
339339 (c) 1.75% tax on next $1,250. 00 or part thereof,
340340 (d) 2.75% tax on next $1,150.00 or part thereof,
341341 (e) 3.75% tax on next $2,300.00 or part thereof,
342342 (f) 4.75% tax on the remainder.
343343 2. Married individuals filing jointly and surviving spouse to
344344 the extent and in the manner that a survivi ng spouse is permitted to
345345 file a joint return under the provisions of the Inte rnal Revenue
346346 Code and heads of households as defined in the Internal Revenue
347347 Code:
348348 (a) 0.25% 0.00% tax on first $2,000.00 or part thereof,
349349 (b) 0.75% tax on next $3,000.00 or part thereof,
350350 (c) 1.75% tax on next $2,500.00 or part thereof,
351351 (d) 2.75% tax on next $2,300.00 or part thereof,
352352 (e) 3.75% tax on next $4,600.00 or part thereof,
353353 (f) 4.75% tax on the remainder.
354354 No deduction for federal income taxes paid shall be allowed to
355355 any taxpayer to arrive at taxable income.
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381381 D. Nonresident aliens. In lieu of the rates set forth in
382382 subsection A above, there shall be imposed on nonresident aliens, as
383383 defined in the Internal Revenue Code, a tax of eight percent (8%)
384384 instead of thirty percen t (30%) as used in the Internal Revenue
385385 Code, with respect to the Oklahoma taxable income of such
386386 nonresident aliens as determined under the provision of the Oklahoma
387387 Income Tax Act.
388388 Every payer of amounts covered by this subsection shall deduct
389389 and withhold from such amounts paid each payee an amount equal to
390390 eight percent (8%) the reof. Every payer required to deduct and
391391 withhold taxes under this subsection shall for each quarterly period
392392 on or before the last day of the month following the close of each
393393 such quarterly period, pay over the amount so withheld as taxes to
394394 the Tax Commission, and shall file a return with each such payment.
395395 Such return shall be in such form as the Tax Commission shall
396396 prescribe. Every payer required under this subsection to deduct and
397397 withhold a tax from a payee shall, as to the total amounts paid to
398398 each payee during the calendar year, furnish to such payee, on or
399399 before January 31, of the succeeding year, a written statement
400400 showing the name of the payer, the name of the pa yee and the payee's
401401 Social Security account number, if any, the total amount paid
402402 subject to taxation, and the total amount deducted and withheld as
403403 tax and such other information as the Tax Commission may require.
404404 Any payer who fails to withhold or pay t o the Tax Commission any
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430430 sums herein required to be withheld or paid shall be personally and
431431 individually liable therefor to the State of Oklahoma.
432432 E. Corporations. For all taxable years beginning after
433433 December 31, 2021, a tax is hereby imposed upon the Oklahoma taxable
434434 income of every corporation doing business within this state or
435435 deriving income from sources within this state in an amount equal to
436436 four percent (4%) thereof.
437437 There shall be no additional Oklahoma income tax imposed on
438438 accumulated taxable income or on undistributed personal holding
439439 company income as those terms ar e defined in the Internal Revenue
440440 Code.
441441 F. Certain foreign corporations. In lieu of the tax imposed in
442442 the first paragraph of subsection D of this section, for all taxable
443443 years beginning after December 31, 2021, there shall be imposed on
444444 foreign corporations, as defined in the Internal Revenue Code, a tax
445445 of four percent (4%) instead of thirty percent (30%) as used in the
446446 Internal Revenue Code, where such income is received fro m sources
447447 within Oklahoma, in accordance with the provisions of the Internal
448448 Revenue Code and the Oklahoma Income Tax Act.
449449 Every payer of amounts covered by this subsection shall deduct
450450 and withhold from such amounts paid each payee an amount equal to
451451 four percent (4%) thereof. Every payer required to deduct and
452452 withhold taxes under this subsection shall for each quarterly period
453453 on or before the last day of the month following the close of each
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479479 such quarterly period, pay over the amount so withheld as tax es to
480480 the Tax Commission, and shall file a return with each such payment.
481481 Such return shall be in such form as the Tax Commission shall
482482 prescribe. Every payer required under this subsection to deduct and
483483 withhold a tax from a payee shall, as to the total amounts paid to
484484 each payee during the calendar year, furnish to such payee, on or
485485 before January 31, of the succeeding year, a written statement
486486 showing the name of the payer, the name of the payee and the payee 's
487487 Social Security account number, if any, t he total amounts paid
488488 subject to taxation, the total amount deducted and withh eld as tax
489489 and such other information as the Tax Commission may require. Any
490490 payer who fails to withhold or pay to the Tax Commission any sums
491491 herein required to be withheld or paid shall be personally and
492492 individually liable therefor to the State of Oklahoma.
493493 G. Fiduciaries. A tax is hereby imposed upon the Oklahoma
494494 taxable income of every trust and estate at the same rates as are
495495 provided in subsection B or C of this section for single
496496 individuals. Fiduciaries are not allowed a deduction for any
497497 federal income tax paid.
498498 H. Tax rate tables. For all taxable years beginning after
499499 December 31, 1991, in lieu of the tax imposed by subsection A, B or
500500 C of this section, as applicab le there is hereby imposed for each
501501 taxable year on the taxable income of every individual, whose
502502 taxable income for such taxable year does not exceed the ceiling
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528528 amount, a tax determined under tables, applicable to such taxable
529529 year which shall be prescri bed by the Tax Commission and which shall
530530 be in such form as it determines app ropriate. In the table so
531531 prescribed, the amounts of the tax shall be computed on the basis of
532532 the rates prescribed by subsection A, B or C of this section. For
533533 purposes of this subsection, the term "ceiling amount" means, with
534534 respect to any taxpayer, the amount determined by the Tax Commission
535535 for the tax rate category in which such taxpayer falls.
536536 SECTION 2. This act shall become effective November 1, 2025.
537537
538538 60-1-11071 MAH 01/03/25