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27	27	STATE OF OKLAHOMA
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29	29	1st Session of the 60th Legislature (2025)
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31	31	HOUSE BILL 2730 By: Kendrix
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37	37	AS INTRODUCED
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39	39	An Act relating to revenue and taxation; amending 68
40	40	O.S. 2021, Sections 217 and 2385.13, which relate to
41	41	tax interest rates; modifying interest rate;
42	42	clarifying application of interest rate change;
43	43	providing for noncodification; and providing an
44	44	effective date.
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49	49	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50	50	SECTION 1. AMENDATORY 68 O.S. 2021, Se ction 217, is
51	51	amended to read as follows:
52	52	Section 217. A. If any amount of t ax imposed or levied by any
53	53	state tax law, or any part of such amount, is not paid before such
54	54	tax becomes delinquent, there shall be collected on the total
55	55	delinquent tax intere st at the rate of one and one-quarter percent
56	56	(1 1/4%) per month annual rate calculated using Wall Street Prime,
57	57	as of January 1 of that year, plus three percentage points from the
58	58	date of the delinquency until paid.
59	59	B. Interest upon any amount of state t ax determined as a
60	60	deficiency, under the provisions of Section 221 of this tit le, shall
61	61	be assessed at the same time as the deficiency and shall be paid
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87	87	upon notice and demand of the Oklahoma Tax Commission at the rate of
88	88	one and one-quarter percent (1 1/4 %) per month annual rate
89	89	calculated using Wall Street Prime, as of January 1 of that year,
90	90	plus three percentage points from the date prescribed in the state
91	91	tax law levying such tax for the payment thereof to the date the
92	92	deficiency is assessed.
93	93	C. If any tax due under state sales, use, tourism, mixed
94	94	beverage gross receipts, or m otor fuel tax laws, or any part
95	95	thereof, is not paid within fifteen (15) days after such tax becomes
96	96	delinquent a penalty of ten percent (10%) on the total amount of tax
97	97	due and delinquent shall be added thereto, collected and paid.
98	98	However, the Tax Commission shall not collect the penalty assessed
99	99	if the taxpayer remits the tax and interest within sixty (60) days
100	100	of the mailing of a proposed assessment or voluntarily pays the ta x
101	101	upon the filing of an amended return.
102	102	D. If any tax due under any state tax law other than those
103	103	specified in subsection C of this section, or any part thereof, is
104	104	not paid within thirty (30) days after such tax becomes delinquent a
105	105	penalty of ten perce nt (10%) on the total amount of tax due and
106	106	delinquent shall be added thereto, collected and paid. However, the
107	107	Tax Commission shall not collect the penalty assessed if the
108	108	taxpayer remits the tax and interest within sixty (60) days of the
109	109	mailing of a proposed assessment or voluntarily pays the tax upon
110	110	the filing of an amended re turn.
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136	136	E. If any part of any deficiency, arbitrary or jeopardy
137	137	assessment made by the Tax Commission is based upon or occasioned by
138	138	the taxpayer's negligence or by the failure or refusal of any
139	139	taxpayer to file with the Tax Commission any report or return, as
140	140	required by this title, or by any state tax law, within ten (10)
141	141	days after a written demand for such report or return has been
142	142	served upon any taxpayer by the Tax Commission by letter, the Tax
143	143	Commission may assess and collect, as a penalty, twenty -five percent
144	144	(25%) of the amount of the assessment. For purposes of this
145	145	subsection, "negligence" shall mean the consistent understatement of
146	146	income, consistent understatement of receipts or a system of
147	147	recordkeeping by the taxpayer that consistently results in an
148	148	inaccurate reporting of tax liability.
149	149	F. If any part of any deficiency is due to fraud with intent to
150	150	evade tax, then fifty percent (50%) of the total amount of the
151	151	deficiency, in addition to such deficiency, including interest as
152	152	herein provided, shall be added, collected and paid.
153	153	G. All penalties or interest imposed by this title, or any
154	154	state tax law, shall be recoverable by the Tax Commission as a part
155	155	of the tax with respect to which they are imposed, the penalties
156	156	bearing interest as provided in this section for the tax, and all
157	157	penalties and interest shall be apportioned as provided for the
158	158	apportionment of the tax on which such penalties or interest are
159	159	collected.
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185	185	H. 1. Whenever an income tax refund is not paid to the
186	186	taxpayer within ninety (90) days after the return is filed or due,
187	187	whichever is later, with all documents as required by the Tax
188	188	Commission, entitling the taxpayer to a refund, then the Tax
189	189	Commission shall pay interest on the refund, at the same rate
190	190	specified for interest on delinquent tax payments. The payment of
191	191	interest on refunds provided for by this section shall apply to tax
192	192	year 1987 and subsequent tax years. The Tax Commission shall not be
193	193	required to pay interest on an income tax refund which is applied,
194	194	in whole or in part, to a prior year tax liability pursuant to
195	195	Section 2385.17 of this title or upon an income tax refund applied,
196	196	in whole or in part, to satisfy a debt owed to the Int ernal Revenue
197	197	Service of the United States or to a state agency, including the
198	198	Oklahoma Tax Commission, as provided by Section 205.2 of this title.
199	199	2. For tax returns filed after January 1, 2004, and before
200	200	January 2, 2010, whenever an income tax refund i s not paid to the
201	201	taxpayer within the following number of days after the incom e tax
202	202	return is filed with all documents as required by the Tax Commission
203	203	or after the income tax return is due, whichever is later, entitling
204	204	the taxpayer to a refund, then the Tax Commission shall pay interest
205	205	on the refund at the same rate specified for interest on delinquent
206	206	tax payments:
207	207	a. for returns filed electronically, thirty (30) days,
208	208	and
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234	234	b. for all other returns, one hundred fifty (150) days.
235	235	3. For tax returns file d after January 1, 2010, whenever an
236	236	income tax refund is not paid to the taxp ayer within the following
237	237	number of days after the income tax return is filed or due,
238	238	whichever is later, with all documents as required by the Tax
239	239	Commission entitling the taxpa yer to a refund, then the Tax
240	240	Commission shall pay interest on the refund at the same rate
241	241	specified for interest on delinquent tax payments:
242	242	a. for returns filed electronically, forty -five (45)
243	243	days, and
244	244	b. for all other returns, ninety (90) days.
245	245	SECTION 2. AMENDATORY 68 O.S. 2021, Section 2385.13, is
246	246	amended to read as follows:
247	247	Section 2385.13. A. In the case of any underpayment of the
248	248	estimated tax payment required in Section 2385.9 of this title,
249	249	there shall be added to the amount of the underpayment interest
250	250	thereon at an annual rate of twenty percent (20%) calculated using
251	251	Wall Street Prime, as of January 1 of that year, plus three
252	252	percentage points for the period of the underpayment.
253	253	B. As used in subsection A of this sec tion, the amount of the
254	254	underpayment shall be the excess of the required insta llment over
255	255	the amount paid on or before the due date of the installment. The
256	256	period of underpayment shall run from the due date of the required
257	257	installment to the earlier of th e fifteenth day of the fourth month,
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283	283	or for corporations, thirty (30) days after the due date for returns
284	284	established under the Internal Revenue Code, following the close of
285	285	the taxable year or the date on which the required installment is
286	286	paid.
287	287	C. No addition to tax shall be imposed under subsection A of
288	288	this section if the tax sh own on the return for the taxable year is
289	289	less than One Thousand Dollars ($1,000.00) or if the taxpayer was an
290	290	Oklahoma resident throughout the preceding taxable year of twelve
291	291	(12) months and did not have any liability for tax for the preceding
292	292	taxable year.
293	293	SECTION 3. NEW LAW A new section of law not to be
294	294	codified in the Oklahoma Statutes reads as follows:
295	295	The amended interest rates provided in this act shall apply to
296	296	all delinquencies occurring on or after the effective date of t his
297	297	act and shall apply to any delinquent account in existence as of the
298	298	effective date of this act.
299	299	SECTION 4. This act shall become effective November 1, 2025.
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301	301	60-1-10106 MAH 01/16/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2730 Compare Versions