Okla. Stat. tit. 68, § 68-1209
This is the official text of Okla. Stat. tit. 68, § 68-1209, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Capital - Computation
Official statutory text
(a) For the purpose of computing the amount of annual franchise
tax levied upon and payable by the corporations, associations and
organizations enumerated in Sections 1203 and 1204 of this title,
the word "capital" shall be construed to include the following:
Outstanding capital stock, surplus and undivided profits, which
shall include any amounts designated for the payment of dividends
until such amounts are definitely and irrevocably placed to the
credit of stockholders subject to withdrawal on demand, plus the
amount of bonds, notes, debentures or other evidences of
indebtedness maturing and payable more than three (3) years after
issuance. The term "capital" stock where herein used shall include
all written evidence of interest or ownership in the control or
management of a corporation or other organization. The term
"evidence of indebtedness" where herein used shall not include any
deposit made in any bank.
(b) Advances made by a parent to a subsidiary or by a subsidiary
to a parent corporation, organization or association shall be
eliminated by both the parent and subsidiary from the calculations
necessary to determine the amount of taxable capital employed in the
business of either or both the parent and subsidiary. Provided,
however, advances made for purely operating expenses may, upon
proper showing, satisfactory to the Tax Commission, be included in
such calculations.
(c) The amount of capital employed in this state is hereby
declared to be that portion of the capital of the corporation,
association or organization which equals the proportion which the
property owned, or property owned and business done, in Oklahoma
bears to the total property owned, or total property owned and total
business done, by the corporation, association or organization.
(d) In the determination of the amount of tax payable under this
article where intangibles are involved, such as notes, accounts
receivable, stocks, bonds, and other securities, including cash, and
the business of the corporation is managed, directed and controlled
from within the State of Oklahoma, the value of such intangibles
Oklahoma Statutes - Title 68. Revenue and Taxation Page 418
shall be apportioned wholly to Oklahoma, unless a commercial or
business situs for such intangibles has been established elsewhere.
(e) Management, direction and control of the corporation's
business shall be deemed to be within the State of Oklahoma where
(1) the corporation is incorporated under the laws of Oklahoma, or
(2) where any corporation organized under the laws of some other
state transacts in Oklahoma its principal business, or maintains in
this state its "business domicile" or "commercial domicile".
(f) The portion of capital of any corporation, association or
organization employed in this state, shall be segregated, and its
value stated, based upon the proportions herein prescribed, and
shall be reported to the Tax Commission; and the amount of said
capital so reported shall be prima facie the measure of the value of
the capital of such corporation, association or organization,
apportioned to this state, for the purposes of this article.
(g) The capital of a bank holding company or multi-bank holding
company shall not include the capital, as defined in this article,
of the owned bank or banks. Such banks, bank holding companies and
multi-bank holding companies each shall comply with the terms of
this article as separate corporations.
tax levied upon and payable by the corporations, associations and
organizations enumerated in Sections 1203 and 1204 of this title,
the word "capital" shall be construed to include the following:
Outstanding capital stock, surplus and undivided profits, which
shall include any amounts designated for the payment of dividends
until such amounts are definitely and irrevocably placed to the
credit of stockholders subject to withdrawal on demand, plus the
amount of bonds, notes, debentures or other evidences of
indebtedness maturing and payable more than three (3) years after
issuance. The term "capital" stock where herein used shall include
all written evidence of interest or ownership in the control or
management of a corporation or other organization. The term
"evidence of indebtedness" where herein used shall not include any
deposit made in any bank.
(b) Advances made by a parent to a subsidiary or by a subsidiary
to a parent corporation, organization or association shall be
eliminated by both the parent and subsidiary from the calculations
necessary to determine the amount of taxable capital employed in the
business of either or both the parent and subsidiary. Provided,
however, advances made for purely operating expenses may, upon
proper showing, satisfactory to the Tax Commission, be included in
such calculations.
(c) The amount of capital employed in this state is hereby
declared to be that portion of the capital of the corporation,
association or organization which equals the proportion which the
property owned, or property owned and business done, in Oklahoma
bears to the total property owned, or total property owned and total
business done, by the corporation, association or organization.
(d) In the determination of the amount of tax payable under this
article where intangibles are involved, such as notes, accounts
receivable, stocks, bonds, and other securities, including cash, and
the business of the corporation is managed, directed and controlled
from within the State of Oklahoma, the value of such intangibles
Oklahoma Statutes - Title 68. Revenue and Taxation Page 418
shall be apportioned wholly to Oklahoma, unless a commercial or
business situs for such intangibles has been established elsewhere.
(e) Management, direction and control of the corporation's
business shall be deemed to be within the State of Oklahoma where
(1) the corporation is incorporated under the laws of Oklahoma, or
(2) where any corporation organized under the laws of some other
state transacts in Oklahoma its principal business, or maintains in
this state its "business domicile" or "commercial domicile".
(f) The portion of capital of any corporation, association or
organization employed in this state, shall be segregated, and its
value stated, based upon the proportions herein prescribed, and
shall be reported to the Tax Commission; and the amount of said
capital so reported shall be prima facie the measure of the value of
the capital of such corporation, association or organization,
apportioned to this state, for the purposes of this article.
(g) The capital of a bank holding company or multi-bank holding
company shall not include the capital, as defined in this article,
of the owned bank or banks. Such banks, bank holding companies and
multi-bank holding companies each shall comply with the terms of
this article as separate corporations.
Status: in_force · Read it on the official government site
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