0 chapters · 1,311 sections in this title.
68 O.S. § 212.1 Definitions
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A. As used in this section, the term: 1. “Automated sales suppression device” or “zapper” means a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies the electronic records o…
68 O.S. § 213 Notice to taxpayer on final determination of tax liability when security on file - Forfeiture of bond and collection of amount due
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Where, as security for the payment of any state tax, the taxpayer has filed with the Tax Commission a bond, the Tax Commission shall, as soon as the tax has been finally determined to be due and payable, notify the taxpayer and his surety or sureties of such fact by sending to ea…
68 O.S. § 214 Release of property from lien - Execution and recording
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The Oklahoma Tax Commission may release any property from the lien of any warrant, certificate, judgment, or levy procured by it; provided, payment shall be made to the Tax Commission of such sum as it shall deem adequate consideration for such release, or a deposit shall be made…
68 O.S. § 215 Collection of taxes, penalties, in same manner as personal debt
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(a) The taxes, fees, interest, and penalties imposed or levied by any State tax law, or by this article, from the time the same shall become due, may be collected in the same manner as a personal debt of the taxpayer to the State of Oklahoma, recoverable in any court of competent…
68 O.S. § 216 Extension of time for filing return
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The Tax Commission, whenever in its judgment good cause exists and pursuant to written request, may grant a reasonable extension for the filing of any return required under any state tax law. The Tax Commission shall keep a record of every extension granted with the reason theref…
68 O.S. § 216.2 Tax amnesty program
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For the purpose of encouraging the voluntary disclosure and payment of taxes owed to this state, the Oklahoma Tax Commission is hereby authorized and directed to establish a tax amnesty program during which penalties and one-half interest due on delinquent taxes assessed by the T…
68 O.S. § 216.3 Voluntary Compliance Initiative
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A. For the purpose of encouraging the voluntary disclosure and payment of taxes owed to this state, the Oklahoma Tax Commission is hereby authorized and directed, subject to the availability of funds, to establish a Voluntary Compliance Initiative for eligible taxes, as provided …
68 O.S. § 216.4 Voluntary Disclosure Initiative
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A. For the purpose of encouraging the voluntary disclosure and payment of taxes owed to this state, the Oklahoma Tax Commission is hereby authorized and directed to establish a Voluntary Disclosure Initiative for eligible taxes, as provided in this section. A taxpayer shall be en…
68 O.S. § 216.5 Statutory voluntary compliance initiative – Participation for previous participants limited
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No taxpayer shall be allowed to participate in a statutory voluntary compliance initiative, enacted after the effective date of this act, entitling taxpayers to a waiver of penalty, interest and/or other collection fees due on unpaid taxes if the taxpayer has previously participa…
68 O.S. § 217 Interest and penalties on delinquent taxes – Interest on refunds
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A. If any amount of tax imposed or levied by any state tax law, or any part of such amount, is not paid before such tax becomes delinquent, there shall be collected on the total delinquent tax interest at the rate of one and one-quarter percent (1 1/4%) per month from the date of…
68 O.S. § 218 Remittance of taxes and fees - Dishonored checks - ATMs in Commission facilities
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A. All remittances of taxes and fees under any state tax law or this Code, shall be made payable to the Oklahoma Tax Commission, at Oklahoma City, Oklahoma, by bank draft, check, cashier's check, money order, money, electronic funds transfer or nationally recognized credit or deb…
68 O.S. § 218.1 False or bogus check - Penalties
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A. Any person who shall knowingly give a false or bogus check, as defined in this section, of a value less than Five Hundred Dollars ($500.00) in payment or remittance of any taxes, fees, penalties, or interest levied pursuant to any state tax law shall be, upon conviction, guilt…
68 O.S. § 219 Compounding, settlement or compromise of controversies, judicial approval in certain cases
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The Oklahoma Tax Commission is authorized to enter into an agreement to compound, settle or compromise any controversy relating to taxes collectible by the Tax Commission, or any admitted or established tax liability as to any tax collectible under any State Law in the following …
68 O.S. § 219.1 Abatement of tax liability and interest and penalties accruing thereto - Settlement agreement - Considerations
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A. In accordance with the provisions of the amendment to Section 5 of Article X of the Oklahoma Constitution as set forth in Senate Joint Resolution No. 32 of the 2nd Session of the 48th Oklahoma Legislature, the Oklahoma Tax Commission is hereby authorized to abate all or any po…
68 O.S. § 220 Waiver or remission of interest or penalties - Voluntary disclosure agreements
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A. The interest or penalty or any portion thereof ordinarily accruing by reason of a taxpayer's failure to file a report or return or failure to file a report or return in the correct form as required by any state tax law or by this Code or to pay a state tax within the statutory…
68 O.S. § 2201 Definitions
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As used in this act the following terms shall be construed as follows: (a) "Gross revenue" shall mean and include all earnings or revenue derived from the use or operation of freight cars, as hereinafter defined, upon or over the lines of any railroad company, as hereinafter defi…
68 O.S. § 2202 Classification of freight cars - Percentage of gross revenue - In lieu of ad valorem tax - Application to public service and private corporations
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All freight cars owned, operated, rented, leased, or used by any freight line company, equipment company, or mercantile company which are moved over, or used in the operation of, the line of any railroad company, as hereinbefore defined, wholly or partially within this state, are…
68 O.S. § 2203 Tax not to exceed what ad valorem tax would have been - Review by Oklahoma Tax Commission
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It is hereby declared to be the intention of the Legislature that the tax herein imposed be not greater than the amount of tax such freight line companies, equipment companies, and mercantile companies would pay if their cars were taxed on an ad valorem basis, including any value…
68 O.S. § 2204 Disposition of taxes collected
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All revenues collected pursuant to the provisions of Section 2201 et seq. of this title shall be paid by the Tax Commission to the State Treasurer and placed to the credit of the Oklahoma Department of Transportation in the Railroad Maintenance Revolving Fund for the implementati…
68 O.S. § 2205 Statements to be filed with Oklahoma Tax Commission
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On or before April 1 of each year, every freight line company, equipment company, and mercantile company owning, operating, renting or leasing any freight car or cars which are moved over or used in the operation of the line of any railroad company wholly or partially within this…
68 O.S. § 2206 Railroads renting or leasing cars from taxpayers to withhold amount of tax - Statements by such railroads - Payment - Liability of taxpayers
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Every railroad company using, renting or leasing the freight cars of any freight line company, equipment company, or mercantile company shall, upon making payment to such company for the use, rental, or lease of such cars, withhold from such payment four percent (4%) of the amoun…
68 O.S. § 2207 Examination of statements - Determination of tax - Monies paid by railroads to be segregated - Protests
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A. As soon as practicable after the date specified in Sections 2205 and 2206 of this title, the Tax Commission shall examine the statements required by Sections 2205 and 2206 of this title, and shall determine: 1. The amount of money which should have been withheld and remitted b…
68 O.S. § 2208 Refusal of railroad to comply with act, liability - Taxpayer estopped to question Commission's determination, when
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If any railroad company shall fail or refuse to make any report required by this act, or shall fail or refuse to withhold and pay the tax due from any such company within the time hereinbefore provided, it shall be liable for the full amount of such tax, penalty and costs of coll…
68 O.S. § 221 Reports or returns by taxpayer
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A. If any taxpayer shall fail to make any report or return as required by any state tax law, the Oklahoma Tax Commission, from any information in its possession or obtainable by it, may determine the correct amount of tax for the taxable period. If a report or return has been fil…
68 O.S. § 221.1 Date of postmark deemed to be date of delivery or of payment
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A. For any return, claim, statement, or other document required to be filed or any payment required to be made within a prescribed period or on or before a prescribed date under authority of any provision of a tax law of this state, the date of the postmark stamped on the cover i…
68 O.S. § 222 Procedure on default of taxpayer in enumerated matters
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(a) If any taxpayer shall fail or refuse to make any report or return as required by any state tax law, or shall fail or refuse to permit an examination of its books, records or papers, or to appear and answer questions within the scope of such investigation relating to any state…
68 O.S. § 223 Limitation of time for assessment of taxes - Extension agreements - False or fraudulent or failure to file report or return
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A. No assessment of any tax levied under the provisions of any state tax law except as provided in this section, shall be made after the expiration of three (3) years from the date the return was required to be filed or the date the return was filed, whichever period expires the …
68 O.S. § 224 Declaration of termination of taxable period and acceleration of assessment
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(a) If the Tax Commission, notwithstanding that a tax return or report, or the tax with respect thereto, may not yet be due, and whether prior to or after the close of the taxable period, believes that: (1) The tax liability of any person, who has a bond on file with the Tax Comm…
68 O.S. § 225 Appeals
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A. Any taxpayer aggrieved by any order, ruling, or finding of the Oklahoma Tax Commission directly affecting the taxpayer or aggrieved by a final order of the Tax Commission issued pursuant to subsection G of Section 221 of this title may appeal therefrom directly to the Supreme …
68 O.S. § 226 Action to recover taxes as additional remedy to aggrieved taxpayer
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(a) In addition to the right to a protest of a proposed assessment as authorized by Section 221 of this title, a right of action is hereby created to afford a remedy to a taxpayer aggrieved by the provisions of this article or of any other state tax law, or who resists the collec…
68 O.S. § 227 Erroneous payments - Claims for refund - Demand for hearing
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A. Except as provided in subsection B of Section 1361.2 and subsection D of Section 1364.1 of this title, any taxpayer who has paid to the State of Oklahoma, through error of fact, or computation, or misinterpretation of law, any tax collected by the Tax Commission may, as herein…
68 O.S. § 227.1 Illegal or invalid state tax laws - Process for obtaining refund of amounts paid
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A. Notwithstanding the provisions of any state tax law relating to or providing for the refund of taxes erroneously paid, no taxpayer shall be entitled to nor be allowed any refund of taxes, penalties or interest paid pursuant to a state tax law subsequently determined by a final…
68 O.S. § 228 Hearings on claims for refunds
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(a) If, upon the hearing as required by Section 227 of this title, the Tax Commission finds that such tax was erroneously paid through mistake of fact, or computation or misinterpretation of law, it shall enter its written order allowing said claim for refund, which refund may be…
68 O.S. § 228.1 Payment of refunds
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Except as otherwise provided by law, claims for refunds which are required to be paid by the Oklahoma Tax Commission shall be paid from funds in the official depository clearing account of the Tax Commission, derived from collections from the same source from which the overpaymen…
68 O.S. § 229 Refunds - Interest
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In case of any judgment rendered under any provision of law for the filing of a suit and recovery of taxes erroneously paid, in which judgment interest is allowed the taxpayer, said interest may be paid from the appropriation herein made where there is no other provision of law f…
68 O.S. § 230 Certificate of indebtedness to state - Recording and indexing - Lien status
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The Oklahoma Tax Commission may issue to the county clerk of any county of the state a certificate certifying that the person therein named is indebted to the state for a specified state tax in the amount stated. The county clerk shall immediately record and index such certificat…
68 O.S. § 231 Warrant for sale of property to pay delinquent taxes, interest and penalties - Recording and indexing - Lien status - Execution - Costs and expenses
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A. If any tax, imposed or levied by any state tax law, or any portion of such tax, is not paid before the same becomes delinquent, the Oklahoma Tax Commission may immediately issue a warrant under its official seal. A tax warrant directed to the sheriff of any county of the state…
68 O.S. § 231.1 Additional penalty for failure to pay delinquent taxes
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An additional penalty of Fifteen Dollars ($15.00) or an amount equal to ten percent (10%), but not to exceed Two Hundred Dollars ($200.00), of the total amount of tax, penalty and interest as stated on the face of a tax warrant, unless the actual liability at the date of issuance…
68 O.S. § 231.2 Attachment of assets of delinquent taxpayer
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Upon a final determination by a court of competent jurisdiction that a tax levied or collected by the state is delinquent, the Oklahoma Tax Commission may issue an order attaching the assets, up to the amount of tax liability, of any bank accounts maintained within this state by …
68 O.S. § 231.3 Recovery of fees and costs by Tax Commission
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The Tax Commission shall be entitled to recover from the taxpayer named in the warrant any fees or costs charged to the Tax Commission by the county clerk for the filing of any tax lien or tax warrant against the taxpayer. The Tax Commission shall also be entitled to recover or o…
68 O.S. § 232 Injunction proceedings
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When any reports required under any state tax law have not been filed or may be insufficient to furnish all the information required by the Tax Commission, or when the taxes imposed by any state tax law have not been paid, the Tax Commission may institute, in the name of the Stat…
68 O.S. § 233 Municipalities - Procedure when taxes delinquent
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(a) In case any city, town, county, or other political subdivision of the state shall fail or refuse to pay in whole or in part any tax when due under the provisions of any state tax law, the Tax Commission shall issue a tax warrant for the amount of tax due, and the sheriff shal…
68 O.S. § 234 Lien for unpaid taxes, interest and penalties
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A. All taxes, interest and penalties imposed by the provisions of Section 201 et seq. of this title, or any state tax law, are hereby declared to constitute a lien in favor of the state upon all franchises, property, and rights to property, whether real or personal, then belongin…
68 O.S. § 235 Fiduciaries - Final accounts
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(a) No final account of any fiduciary shall be allowed by any probate court of the state, unless such account shows, and the judge of said court finds, that all taxes imposed by the provisions of any state tax law which have become payable, have been paid, and that all taxes whic…
68 O.S. § 2351 Short title and effective date
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This article may be cited as the "Oklahoma Income Tax Act" and shall be applicable to all years commencing after December 31, 1970. Added by Laws 1971, c. 137, § 1, emerg. eff. May 11, 1971.
68 O.S. § 2352 Purpose of article - Distribution of revenues
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It is hereby declared to be the purpose of Section 2351 et seq. of this title to provide revenue for general governmental functions of state government; and, for that purpose and to that end, it is expressly declared that the revenue derived herefrom and penalties and interest th…
68 O.S. § 2353 Definitions
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For the purpose of and when used in the Oklahoma Income Tax Act, unless the context otherwise requires: 1. "Tax Commission" means the Oklahoma Tax Commission; 2. "Internal Revenue Code" means the United States Internal Revenue Code, as the same may be amended or adopted from time…
68 O.S. § 2354 Optional transitional deduction
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A. If a taxpayer (including a partnership) shall have been required to report his taxable income to the State of Oklahoma for years prior to the effective date of this act, in a manner different than he has been required to report his federal income for the same period of time, a…
68 O.S. § 2355 Tax imposed - Classes of taxpayers
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A. Individuals. For all taxable years beginning after December 31, 1998, and before January 1, 2006, a tax is hereby imposed upon the Oklahoma taxable income of every resident or nonresident individual, which tax shall be computed at the option of the taxpayer under one of the tw…
68 O.S. § 2355.1A Determinations by State Board of Equalization - Income tax rate changes
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A. The provisions of this section shall be applicable with respect to the implementation of the decreases in the top marginal rate of individual income tax otherwise authorized pursuant to the provisions of subparagraph (h) of paragraphs 1 and 2 of subsection B of Section 2355 of…