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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
31	31
32	32	HOUSE BILL 2839 By: Burns
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38	38	AS INTRODUCED
39	39
40	40	An Act relating to revenue and taxation; enacting the
41	41	County Road and Bridge Funding Incentive Act of 202 5;
42	42	providing income tax credit fo r donations to certain
43	43	counties; specifying amount of income tax credit;
44	44	providing for credit percentage based upon county
45	45	population; providing method for determination of
46	46	county population; prohibiting reduction of income
47	47	tax liability to less than speci fied amount;
48	48	prohibiting claim of income tax credit by legal
49	49	entities other than natural persons acting in
50	50	individual capacity; authorizing carryover; providing
51	51	for fiscal year limit on total credits available;
52	52	prescribing procedures for computation of fis cal year
53	53	limit; providing for noncodification; providing for
54	54	codification; and providing an effective date.
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. NEW LAW A new section of law not to be
60	60	codified in the Oklahoma Statutes reads as follows:
61	61	This act shall be known and may be c ited as the "County Road and
62	62	Bridge Funding Incentive Act of 202 5".
63	63	SECTION 2. NEW LAW A new section of law to be codified
64	64	in the Oklahoma Statutes as Sec tion 2357.901 of Title 68, unless
65	65	there is created a duplication in numbering, reads as follows:
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92	92	A. For taxable years beginning on or after January 1, 202 6, and
93	93	ending not later than December 31, 20 31, there shall be allowed as a
94	94	credit against the tax im posed pursuant to Section 2355 of Title 68
95	95	of the Oklahoma Statutes upon the t axable income of natural persons,
96	96	for a qualified donation made by a natural person acting in their
97	97	individual capacity to a county for deposit into its County Road and
98	98	Bridge Incentive Account of its donation fund as follows:
99	99	1. One hundred percent (100%) of the amount of the donation to
100	100	a county with a population of less than twenty -five thousand
101	101	(25,000) persons;
102	102	2. Seventy-five percent (75%) of the amount of the donation to
103	103	a county with a population of at least twenty -five thousand (25,000)
104	104	persons but not more than fifty thousand (50,000) persons;
105	105	3. Fifty percent (50%) of the amount of the donation to a
106	106	county with a population of at least fifty thousand (50,000) persons
107	107	but not more than seventy -five thousand (75,000) persons; or
108	108	4. Twenty-five percent (25%) of the amount of the donation to a
109	109	county with a population of more than seventy -five thousand (75,000)
110	110	persons, but not more than one hundred thousand (100,000) per sons.
111	111	B. No tax credit otherwise authorized by this section shall be
112	112	claimed for a donation to a county having a population in excess of
113	113	one hundred thousand (100,000) persons.
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140	140	C. All population determinations required by this section shall
141	141	be governed by the Federal Decennial Census or most recent
142	142	population estimate based on the date of the donation.
143	143	D. The credit authorized by this section shall not be used to
144	144	reduce the tax liability of the taxpayer to less than zero (0).
145	145	E. The credit otherwise aut horized by this section may only be
146	146	used by a natural person for a donation ma de by that natural person
147	147	in their individual capacity and shall not be claimed by any other
148	148	legal entity.
149	149	F. To the extent not used the credit authorized by this section
150	150	may be carried over, in order, to each of the five (5) succeeding
151	151	taxable years.
152	152	G. For tax years beginning on or after January 1, 202 6, and
153	153	ending not later than December 31, 20 31, the total amount of credits
154	154	authorized by this section used to offset tax shall be adjusted
155	155	annually to limit the annual amount of credits to Twenty -five
156	156	Million Dollars ($25,000,000.00). The Tax Commission shall annually
157	157	calculate and publish a percentage by which the credits authorized
158	158	by this section shall be reduced so the total amount of credits used
159	159	to offset tax does not exceed Twenty -five Million Dollars
160	160	($25,000,000.00) per year. The formula to be used for the
161	161	percentage adjustment shall be Twenty -five Million Dollars
162	162	($25,000,000.00) divided by the credits used to offset t ax in the
163	163	second preceding year.
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190	190	H. Pursuant to subsection G of this section, in the event the
191	191	total tax credits authorized by this section exceed Twenty -five
192	192	Million Dollars ($25,000,000.00) in any calendar year, the Tax
193	193	Commission shall permit any exces s over Twenty-five Million Dollars
194	194	($25,000,000.00), but shall factor such excess into the percentage
195	195	adjustment formula for subsequent years.
196	196	I. Each county treasurer of the county to which a donation can
197	197	be made to qualify for the tax credit authorized by this section
198	198	shall create within the county donation fund an account to be
199	199	designated the "County Road and Bridge Incentive Account " and any
200	200	donation made to the county by a natural person for the purpose of
201	201	qualifying for the income tax credit authoriz ed by this section
202	202	shall be credited to such account. No funds in the account may be
203	203	used to acquire new equipment, but may be used for repairs to
204	204	existing equipment acquired with other funds of the county or
205	205	acquired by other methods. The balance of the account may be used
206	206	by the county for improvements to county roads or bridges in
207	207	accordance with other requirements of law governing such
208	208	expenditure.
209	209	SECTION 3. This act shall become effective January 1, 2026.
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211	211	60-1-11146 MJ 12/23/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2839 Compare Versions