Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB290 Latest Draft

Bill / Introduced Version Filed 12/30/2024

                             
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
SENATE BILL 290 	By: Jett 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to tax; amending 68 O.S. 2021, 
Section 2355, as last amended by Section 1, Chapter 
27, 1st Extraordinary Session, O.S.L. 20 23 (68 O.S. 
Supp. 2024, Section 2355), which relates to income 
tax; modifying certain income tax rates for certain 
tax years; modifying certain withholding requirement 
for certain tax years; amending 68 O.S. 2021, Section 
2370, which relates to the banking privilege tax; 
limiting tax to certain tax years; updating statutory 
references; updating statutory language; and 
providing an effective date . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY    68 O.S. 2021, Section 2355, as 
last amended by Section 1, Chapter 27, 1st Extraordinary Session, 
O.S.L. 2023 (68 O.S. Supp. 2024, Section 2355), is amended to read 
as follows: 
Section 2355.  A.  Individuals.  For all taxable years beginning 
after December 31, 1998, and before January 1, 2006, a tax is hereby 
imposed upon the Okla homa taxable income of every resident or 
nonresident individual, which tax shall be computed at the option of 
the taxpayer under one of the two following methods:   
 
 
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1.  METHOD 1. 
a. Single individuals and married individuals filing 
separately not deducting federal income tax: 
(1) 1/2% tax on first $1,000.00 or part thereof, 
(2) 1% tax on next $1,500.00 or part thereof, 
(3) 2% tax on next $1,250.00 or part thereof, 
(4) 3% tax on next $1,150.00 or part thereof, 
(5) 4% tax on next $1,300.00 or part thereof, 
(6) 5% tax on next $1,500.00 or part thereof, 
(7) 6% tax on next $2,300.00 or part thereof, and 
(8) (a) for taxable years beginning after December 
31, 1998, and before January 1, 200 2, 6.75% 
tax on the remainder, 
(b) for taxable years beginning on or after 
January 1, 2002, and before January 1, 2004, 
7% tax on the remainder, and 
(c) for taxable years beginning on or after 
January 1, 2004, 6.65% tax on the remainder. 
b. Married individuals filing jointly and surviving 
spouse to the extent and in the manner that a 
surviving spouse is permitted to file a joint return 
under the provisions of the Internal Revenue Code of 
1986, as amended, and heads of households as defined   
 
 
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in the Internal Revenue Code of 1986, as amended, not 
deducting federal income tax: 
(1) 1/2% tax on first $2,000.00 or part thereof, 
(2) 1% tax on next $3,000.00 or part thereof, 
(3) 2% tax on next $2,500.00 or part thereof, 
(4) 3% tax on next $2,300.00 or part thereof, 
(5) 4% tax on next $2,400.00 or part thereof, 
(6) 5% tax on next $2,800.00 or pa rt thereof, 
(7) 6% tax on next $6,000.00 or part thereof, and 
(8) (a) for taxable years beginning after December 
31, 1998, and before January 1, 2002, 6.75% 
tax on the remainder, 
(b) for taxable years beginning on or after 
January 1, 2002, and before January 1, 2004, 
7% tax on the remainder, and 
(c) for taxable years beginning on or after 
January 1, 2004, 6.65% tax on the remainder. 
2.  METHOD 2. 
a. Single individuals and married individuals filing 
separately deducting federal income tax: 
(1) 1/2% tax on first $1,000.00 or part thereof, 
(2) 1% tax on next $1,500.00 or part thereof, 
(3) 2% tax on next $1,250.00 or part thereof, 
(4) 3% tax on next $1,150.00 or part thereof,   
 
 
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(5) 4% tax on next $1,200.00 or part thereof, 
(6) 5% tax on next $1,400.00 or part thereof, 
(7) 6% tax on next $1,500.00 or part thereof, 
(8) 7% tax on next $1,500.00 or part thereof, 
(9) 8% tax on next $2,000.00 or part thereof, 
(10) 9% tax on next $3,500.00 or pa rt thereof, and 
(11) 10% tax on the remainder. 
b. Married individuals filing j ointly and surviving 
spouse to the extent and in the manner that a 
surviving spouse is permitted to file a joint return 
under the provisions of the Internal Revenue Code of 
1986, as amended, and heads of households as defined 
in the Internal Revenue Code of 1986, as amended, 
deducting federal income tax: 
(1) 1/2% tax on the first $2,000.00 or part thereof, 
(2) 1% tax on the next $3,000.00 or part thereof, 
(3) 2% tax on the next $2 ,500.00 or part thereof, 
(4) 3% tax on the next $1,400.00 or part thereof, 
(5) 4% tax on the next $1,500.00 or part thereof, 
(6) 5% tax on the next $1,600.00 or part thereof, 
(7) 6% tax on the next $1,250.00 or part thereof, 
(8) 7% tax on the next $1,750.0 0 or part thereof, 
(9) 8% tax on the next $3,000.00 or part thereof, 
(10) 9% tax on the next $6,000.00 or part thereof, and   
 
 
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(11) 10% tax on the remainder. 
B.  Individuals.  For all taxable years beginning on or after 
January 1, 2008, and ending any tax yea r which begins after December 
31, 2015, for which the determination required p ursuant to Sections 
4 2355.1F and 5 2355.1G of this act title is made by the State Board 
of Equalization, a tax is hereby imposed upon the Oklahoma taxable 
income of every reside nt or nonresident individual, which tax shall 
be computed as follows: 
1.  Single individuals and married individuals filing 
separately: 
(a) 1/2% tax on first $1,000.00 or part thereof, 
(b) 1% tax on next $1,500.00 or part thereof, 
(c) 2% tax on next $1,250 .00 or part thereof, 
(d) 3% tax on next $1,150.00 or part thereof, 
(e) 4% tax on next $2,300.00 or part thereof, 
(f) 5% tax on next $1,500.00 or part thereof, 
(g) 5.50% tax on the remainder for the 2008 tax year and 
any subsequent tax year unless the rate prescribed by 
subparagraph (h) of this paragraph is in effect, and 
(h) 5.25% tax on the remainder for the 2009 and subsequent 
tax years.  The decrease in the top marginal 
individual income tax rate otherwise authorized by 
this subparagraph shall be conting ent upon the 
determination required to be made by the State Board   
 
 
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of Equalization pursuant to Section 2355.1A of this 
title. 
2.  Married individuals filing jointly and surviving spouse to 
the extent and in the manner that a surviving spouse is permitted to 
file a joint return under the provisions of the Internal Revenue 
Code of 1986, as amended, and heads of households as defined in the 
Internal Revenue Code of 1986, as amended: 
(a) 1/2% tax on first $2,000.00 or part thereof, 
(b) 1% tax on next $3,000.00 o r part thereof, 
(c) 2% tax on next $2,500.00 or part thereof, 
(d) 3% tax on next $2,300.00 or part thereof, 
(e) 4% tax on next $2,400.00 or part thereof, 
(f) 5% tax on next $2,800.00 or part thereof, 
(g) 5.50% tax on the remainder for the 2008 tax year and 
any subsequent tax year unless the rate prescribed by 
subparagraph (h) of this paragraph is in effect, and 
(h) 5.25% tax on the remainder for the 2009 and subsequent 
tax years.  The decrease in the top marginal 
individual income tax rate otherwise authori zed by 
this subparagraph shall be contingent upon the 
determination required t o be made by the State Board 
of Equalization pursuant to Section 2355.1A of this 
title.   
 
 
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C.  Individuals.  For all taxable years beginning on or after 
January 1, 2024 tax year 2024, a tax is hereby imposed upon the 
Oklahoma taxable income of every resident or nonresident individual, 
which tax shall be computed as follows: 
1.  Single individuals and married individuals filing 
separately: 
(a) 0.25% tax on first $1,000.00 or part ther eof, 
(b) 0.75% tax on next $1,500.00 or part thereof, 
(c) 1.75% tax on next $1 ,250.00 or part thereof, 
(d) 2.75% tax on next $1,150.00 or part thereof, 
(e) 3.75% tax on next $2,300.00 or part thereof, and 
(f) 4.75% tax on the remainder. 
2.  Married individuals filing jointly and surviving spouse to 
the extent and in the manner that a surviving spouse is permitted to 
file a joint return under the provisions of the Internal Revenue 
Code of 1986, as amended, and heads of households as defined in the 
Internal Revenue Code of 1986, as amended: 
(a) 0.25% tax on first $2,000.00 or part ther eof, 
(b) 0.75% tax on next $3,000.00 or part thereof, 
(c) 1.75% tax on next $2,500.00 or part thereof, 
(d) 2.75% tax on next $2,300.00 or part thereof, 
(e) 3.75% tax on next $4,6 00.00 or part thereof, and 
(f) 4.75% tax on the remainder.   
 
 
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No deduction for federal income taxes paid shall be allowed to 
any taxpayer to arrive at taxable income. 
D.  For tax year 2025 and subsequent tax years, there shall be 
no tax imposed upon the Oklah oma taxable income of any resident or 
nonresident individual. 
E. Nonresident aliens.  In lieu of the rates set forth in 
subsection A above, there shall be imposed on nonresident aliens, as 
defined in the Internal Revenue Code of 1986, as amended, a tax of 
eight percent (8%) instead of thirty percent (30%) as used in the 
Internal Revenue Code of 1986, as amended, with respect to the 
Oklahoma taxable income of such nonresident aliens as determined 
under the provision of the Oklahoma Income Tax Act. 
Every payer of amounts covered by this subsection shall deduct 
and withhold from such a mounts paid each payee an amount equal to 
eight percent (8%) thereof.  Every payer required to deduct and 
withhold taxes under this subsection shall for each quarterly period 
on or before the last day of the month following the close of each 
such quarterly period, pay over the amount so withheld as taxes to 
the Oklahoma Tax Commission, and shall file a return with each such 
payment.  Such return shall be in such form as the Tax Co mmission 
shall prescribe.  Every payer required under this subsection to 
deduct and withhold a tax from a payee shall, as to the total 
amounts paid to each payee during the calendar year, furnish to such 
payee, on or before January 31 , of the succeeding ye ar, a written   
 
 
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statement showing the name of the payer, the name of the payee and 
the payee’s Social Security account number, if any, the total amount 
paid subject to taxation, and the total amount deducted and withheld 
as tax and such other information as the Tax Commission may require.  
Any payer who fails to withhold or pay to the Tax Commission any 
sums herein required to be withheld or paid shall be personally and 
individually liable therefor to the State of Oklahoma. 
E. F. Corporations.  For all taxable years beginning after 
December 31, 2021 tax years 2022 through 2024 , a tax is hereby 
imposed upon the Oklahoma taxable income of every corporation doing 
business within this state or deriving income from sources within 
this state in an amount equal to f our percent (4%) thereof.  For tax 
year 2025 and subsequent tax years, there s hall be no income tax 
imposed upon the Oklahoma taxable income of any corporation doing 
business within this state or deriving income from sources within 
this state. 
There shall be no additional Oklahoma income tax imposed on 
accumulated taxable income or on undistributed personal holding 
company income as those terms are defined in the Internal Revenue 
Code of 1986, as amended. 
F. G. Certain foreign corporations.  In lieu of the tax imposed 
in the first paragraph of subsection D F of this section, for all 
taxable years beginning after December 31, 2021 tax years 2022 
through 2024, there shall be imposed on foreign corporations, as   
 
 
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defined in the Internal Revenue Code of 1986, as amended, a tax of 
four percent (4%) instead of thirty percent (30%) as used in the 
Internal Revenue Code of 1986, as amended, where such income is 
received from sources within Oklahoma this state, in accordance with 
the provisions of the Internal Revenue C ode of 1986, as amended, and 
the Oklahoma Income Tax Act.  For tax year 2025 and subsequent tax 
years, there shall be no tax imposed on foreign corporations, as 
defined in the Internal Revenue Code of 1986, as amended, where such 
income is received from so urces within this state, in accordance 
with the provisions of the Internal Revenue Code of 1986, as 
amended, and the Oklahoma Income Tax Act. 
Every For tax years 2022 through 2024, every payer of amounts 
covered by this subsection shall deduct and withhold from such 
amounts paid each payee an amount equal to four percent (4%) 
thereof.  Every payer required to deduct and withhold taxes under 
this subsection shall for each quarterly period on or before the 
last day of the month following the close of each suc h quarterly 
period, pay over the amount so withheld as taxes to the Tax 
Commission, and shall file a return with each such payment.  Such 
return shall be in such form as the Tax Commission shall prescribe.  
Every payer required under this subsection to ded uct and withhold a 
tax from a payee shall, as to the total amounts paid to eac h payee 
during the calendar year, furnish to such payee, on or before 
January 31, of the succeeding year, a written statement showing the   
 
 
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name of the payer, the name of the payee and the payee’s Social 
Security account number, if any, the total amounts paid subject to 
taxation, the total amount deducted and withheld as tax , and such 
other information as the Tax Commission may require.  Any payer who 
fails to withhold or pay to the Tax Commission any sums herein 
required to be withheld or paid shall be perso nally and individually 
liable therefor to the State of Oklahoma. 
G. H. Fiduciaries.  A tax is hereby imposed upon the Oklahoma 
taxable income of every trust and estate at the sa me rates as are 
provided in subsection B or C subsections B through D of this 
section for single individuals.  Fiduciaries are not allowed a 
deduction for any federal income tax paid. 
H. I. Tax rate tables.  For all taxable years beginning after 
December 31, 1991, in lieu of the tax imposed by subsection A, B or 
C subsections A through D of this section, as applicable there is 
hereby imposed for each taxable year on the taxable income of every 
individual, whose taxable income for such taxable year does not 
exceed the ceiling amount, a tax determined under tables, applicable 
to such taxable year which shall be prescribed by the Tax Commission 
and which shall be in such form as it determines appropriate.  In 
the table so prescribed, the amounts of the tax sha ll be computed on 
the basis of the rates prescribed by subsection A, B or C 
subsections A through D of this section.  For purposes of this 
subsection, the term “ceiling amount” means, with respect to any   
 
 
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taxpayer, the amount determined by the Tax Commissio n for the tax 
rate category in which such taxpayer falls. 
SECTION 2.     AMENDATORY     68 O.S. 2021, Section 2370, is 
amended to read as follows: 
Section 2370.  A.  For taxable years beginning after December 
31, 2021 tax years 2022 throu gh 2024, for the privilege of doing 
business within this state, every state ba nking association, 
national banking association and credit union organized under the 
laws of this state, located or doing business within the limits of 
the State of Oklahoma this state shall annually pay to this state a 
privilege tax at the rate of four percent (4%) of the amount of the 
taxable income as provided in this section. 
B.  1.  The privilege tax levied by this section shall be in 
addition to the Business Activity Tax lev ied in Section 1218 of this 
title and the franchise tax levied in Article 12 o f this title and 
in lieu of the tax levied by Section 2355 of this title and in lieu 
of all taxes levied by the State of Oklahoma this state, or any 
subdivision thereof, upon the shares of stock or personal property 
of any banking association or credit union subject to taxation under 
this section. 
2.  Nothing in this section shall be construed to exempt the 
real property of any banking associations or credit unions from 
taxation to the same extent, according to its value, as other real 
property is taxed.  N othing herein shall be construed to exempt an   
 
 
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association from payment of any fee or tax authorized or levied 
pursuant to the banking laws. 
3.  Personal property which is subject to a lease agreement 
between a bank or credit union, as lessor, and a nonbanking business 
entity or individual, as lessee, is not exempt from personal 
property ad valorem taxation.  Provided further, that it shall be 
the duty of the lessee of such persona l property to return sworn 
lists or schedules of their taxable property within each county to 
the county assessor of such county as provided in Sections 2433 and 
2434 of this title. 
C.  Any tax levied under this section shall accrue on the last 
day of the taxable year and be payable as provided in Section 2375 
of this title.  The accrual of such tax for the first taxable year 
to which this act the Oklahoma Income Tax Act applies, shall apply 
notwithstanding the prior accrual of a tax in the same taxable yea r 
based upon the net income of the next preceding taxable year; 
provided, however, any additional deduction enuring to the benefit 
of the taxpayer shall be deducted in accordance with the optional 
transitional deduction procedures in Section 2354 of this t itle. 
D.  The basis of the tax shall be United States taxable income 
as defined in paragraph 10 of Section 2353 of this title and any 
adjustments thereto under the provisions of Section 2358 of this 
title with the following adjustments:   
 
 
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1.  There shall be deducted all interest income on obligations 
of the United States government an d agencies thereof not otherwise 
exempted and all interest income on obligations of the State of 
Oklahoma this state or political subdivisions thereof, including 
public trust authorities, not otherwise exempted under the laws of 
this state; and 
2.  Expense deductions claimed in arriving at taxable income 
under paragraph 10 of Section 2353 of this title shall be reduced by 
an amount equal to fifty percent (50%) of excluded interest income 
on obligations of the United States government or agencies thereof 
and obligations of the State of Oklahoma this state or political 
subdivisions thereof. 
E.  1.  Except as otherwise provided in paragraph 2 of this 
subsection, before January 1, 2017 , there shall be allowed a credit 
against the tax levied in subsection A of this section in an amount 
equal to the amount of taxable income received by a participating 
financial institution as defined in Section 90.2 of Title 62 of the 
Oklahoma Statutes pu rsuant to a loan made under the Rural Economic 
Development Loan Act.  Such cre dit shall be limited each year to 
five percent (5%) of the amount of annual payroll certified by the 
Oklahoma Rural Economic Development Loan Program Review Board 
pursuant to the provisions of paragraph 3 of subsection B of Section 
90.4 of Title 62 of the Oklahoma Statutes with respect to the loan 
made by the participating financial institution and may be claimed   
 
 
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for any number of years necessary until the amount of total credits 
claimed is equal to the total amount of taxable income received by 
the participating financial institution pursuant to the loan.  Any 
credit allowed but not used in a taxable year may be carried forward 
for a period not to exceed five (5) taxable years.  I n no event 
shall a credit allowed pursuant to the provisions of this subsection 
be transferable or refundable. 
2.  No credit otherwise authorized by the provisions of this 
subsection may be claimed for any event, transaction, investment, 
expenditure or other act occurring on or after July 1, 2010, for 
which the credit would otherwis e be allowable.  The provisions of 
this paragraph shall cease to be operative on July 1, 2012.  
Beginning July 1, 2012, the credit authorized by this subsection may 
be claimed for any event, transaction, investment, expenditure or 
other act occurring on or after July 1, 2012, according to the 
provisions of this subsection. 
SECTION 3.  This act shall become effective November 1, 2025. 
 
60-1-1553 QD 12/30/2024 11:20:06 PM