Req. No. 11081 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 2228 By: Munson AS INTRODUCED An Act relating to revenue and taxation; amending 68 O.S. 2021, Section 5011, which relates to eligibility for computation within the Sal es Tax Relief Act; modifying references to income amounts; prescribing credit based upon income and certain other qualifying features; providing for credit phase out; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 68 O.S. 2021, Section 5011, is amended to read as follows: Section 5011. A. Except as otherwise provided by this section, beginning with the calendar year 1990 and for each calendar year through 1998, and for calendar year 2003, any individual who is a resident of and is domiciled in this state during the entire calendar year for which the filing is made and whose gross household income for such year does not exceed Twelve T housand Dollars ($12,000.00) may file a claim for sales tax relief. B. For calendar years 1999, 2002 and 2004, any individual who is a resident of and is domiciled in this state during the entire Req. No. 11081 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 calendar year for which the filing is made may file a claim for sales tax relief if the gross household income for such year does not exceed the following amounts: 1. For an individual not subject to the provisions of paragraph 2 of this subsection and claiming no allowable personal exemption other than the allow able personal exemption for that individual or the spouse of that individual, Fifteen Thousand Dollars ($15,000.00); or 2. For an individual claiming one or more allowable personal exemptions other than the allowable personal exemption for that individual or the spouse of that individual, an individual with a physical disability constituting a substantial handicap to employment, or an individual who is sixty -five (65) years of age or older at the close of the tax year, Thirty Thousand Dollars ($30,000.00). C. For calendar years 2000, 2001, 2005 and following, an individual who is a resident of and is domiciled in this state during the entire calendar year for which the filing is made may file a claim for sales tax relief if the gross household income for such year does not exceed the following amounts: 1. For an individual not subject to the provisions of paragraph 2 of this subsection and claiming no allowable personal exemption other than the allowable personal exemption for that individual or Req. No. 11081 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the spouse of that individual, Twenty Thousand Dollars ($20,000.00); or 2. For an individual claiming one or more allowable personal exemptions other than the allowable personal exemption for that individual or the spouse of that individual, an individual with a physical disability constituting a substantial handicap to employment, or an individual who is sixty -five (65) years of age or older at the close of the tax year, Fifty Thousand Dollars ($50,000.00). D. The amount of the claim filed pursuant to the Sales Ta x Relief Act shall be Forty Dollars ($40.00) based on the following categories and amounts, multiplied by the number of allowable personal exemptions.: FILING SINGLE 65 OR DISABLED DEPENDENTS CATEGORY ADULT OLDER Gross Household Credit Credit Credit Credit Income Amount Amount Amount Amount 30,000 or less $200.00 $200.00 $200.00 $200.00 30,001-34,999 $200.00 $200.00 $200.00 $200.00 35,000-39,999 $200.00 $200.00 $200.00 $200.00 40,000-44,999 $200.00 $200.00 $200.00 $200.00 45,000-49,999 $200.00 $200.00 $200.00 $200.00 50,000-54,999 $200.00 $200.00 $200.00 $200.00 Req. No. 11081 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 55,000-59,999 $200.00 $200.00 $200.00 $200.00 60,000 and over $200.00 $200.00 $200.00 $200.00 As used in the Sales Tax Relief Act, "allowable personal exemption" means a personal exemption to which the taxpayer would be entitled pursuant to the provisions of the Oklahoma Income Tax Act, except for: 1. The exemptions such taxpayer would be entitled to pursuant to Section 2358 of this title if such taxpayer or spouse is blind or sixty-five (65) years of age or older at the close of the tax year; 2. An exemption for a per son convicted of a felony if during all or any part of the calendar year for which the claim is filed such person was an inmate in the custody of the Department of Corrections; or 3. An exemption for a person if during all or any part of the calendar year for which the claim is filed such person resided outside of this state. C. 1. If the gross household income exceeds Seventy -Five Thousand Dollars ($75,000.00), the credit amou nt provided for in subsection B of this section shall be reduced by 1.1429% fo r the first dependent claimed, and an additional .5714% for each dependent claimed thereafter; 2. If the gross household income exceeds Seventy -Five Thousand Dollars ($75,000.00), and the taxpayer is sixty -five (65) years of Req. No. 11081 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 age or older, the credit amount provided for in subsection B of this section shall be reduced by .5714%; 3. If the gross household income exceeds Seventy -Five Thousand Dollars ($75,000.00), and the taxpayer is disabled, the credit amount provided for in subsection B of this section s hall be reduced by .5714%; and 4. If the gross household income exceeds Fifty -Five Thousand Dollars ($55,000.00), and the taxpayer is filing individually, the credit amount provided for in subsection B of this section shall be reduced by 1%. E. D. A person convicted of a felony shall not be permitted to file a claim for sales tax relief pursuant to the provisions of Sections 5010 through 5016 of this title for the period of tim e during which the person is an inmate in the custody of the Department of Corrections. Such period of time shall include the entire calendar year if the person is in the custody of the Department of Corrections during any part of the calendar year. The provisions of this subsection shall not prohibit all other members of the household of an inmate from filing a claim based upon the personal exemptions to which the household members would be entitled pursuant to the provisions of the Oklahoma Income Tax A ct. F. E. The Department of Corrections shall withhold up to fifty percent (50%) of any money inmates receive for claims made pursuant Req. No. 11081 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to the Sales Tax Relief Act prior to September 1, 1991, for costs of incarceration. G. F. For purposes of Section 139.1 05 of Title 17 of the Oklahoma Statutes, the gross household income of any individual who may file a claim for sales tax relief shall not exceed Twelve Thousand Dollars ($12,000.00). SECTION 2. This act shall become effective July 1, 2025. SECTION 3. It being immediately necessary for the preservati on of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage a nd approval. 60-1-11081 AO 01/15/25