Okla. Stat. tit. 68, § 68-2353

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 to

time applicable to the taxable year; and other provisions of the

laws of the United States relating to federal income taxes, as the

same may be or become effective at any time or from time to time

applicable to the taxable year;

3. Any term used in the Oklahoma Income Tax Act shall have the

same meaning as when used in a comparable context in the Internal

Revenue Code, unless a different meaning is clearly required. For

all taxable periods covered by the Oklahoma Income Tax Act, the tax

status and all elections of all taxpayers covered by the Oklahoma

Income Tax Act shall be the same for all purposes material hereto as

they are for federal income tax purposes except when the Oklahoma

Income Tax Act specifically provides otherwise;

4. "Resident individual" means a natural person who is

domiciled in this state, and any other natural person who spends in

the aggregate more than seven (7) months of the taxable year within

this state shall be presumed to be a resident for purposes of the

Oklahoma Income Tax Act in absence of proof to the contrary. A

natural person who resides less than seven (7) months of the taxable

year within this state is presumed to be a "part-year resident

individual" for purposes of the Oklahoma Income Tax Act, in absence

of proof to the contrary. A "nonresident individual" means an

individual other than a resident individual or a part-year resident

individual.

For all tax years beginning after December 31, 1981, a

nonresident individual, with respect to foreign earned income and

deductions, shall include an individual who:

a. during any period of twenty-four (24) consecutive

months is out of the United States at least five

hundred fifty (550) days,

b. during such period referred to in subparagraph a of

this paragraph is not present in this state for more

than ninety (90) days during any taxable year,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 741

c. during any period of less than an entire taxable year,

which period is contained within the period referred

to in subparagraph a of this paragraph, is not present

in this state for a number of days in excess of an

amount which bears the same ratio to ninety (90) days

as the number of days contained in the period of less

than an entire taxable year bears to three hundred

sixty-five (365), and

d. during such period referred to in subparagraph a of

this paragraph does not maintain a permanent place of

abode in this state at which the spouse of the

individual, unless such spouse is legally separated,

or minor children of the individual are present for

more than one hundred eighty (180) days;

5. "Resident estate" means the estate of a decedent who at

death was domiciled in this state. "Nonresident estate" means an

estate other than a resident estate;

6. "Resident trust" means:

a. a trust, or a portion of a trust, consisting of

property transferred by will of a decedent domiciled

in this state at death, or a trust, or a portion of a

trust, consisting of the property of a person

domiciled in this state if such trust is not

irrevocable, and

b. a trust, or portion of a trust, consisting of property

of a person domiciled in this state at the time such

property was transferred to the trust if such trust or

portion was then irrevocable or a person domiciled in

this state at the time such trust or portion became

irrevocable. A trust, or portion of a trust, is

irrevocable if it is not subject to a power

exercisable solely by the transferor of such property,

at any time, to revest title in the transferor.

"Nonresident trust" means a trust other than a

resident trust;
o the trust if such trust or

portion was then irrevocable or a person domiciled in

this state at the time such trust or portion became

irrevocable. A trust, or portion of a trust, is

irrevocable if it is not subject to a power

exercisable solely by the transferor of such property,

at any time, to revest title in the transferor.

"Nonresident trust" means a trust other than a

resident trust;

7. "Resident partner" means a partner who is a resident

individual, a resident estate, a resident trust or a resident

corporation. "Nonresident partner" means a partner other than a

resident partner;

8. "Resident beneficiary" means a beneficiary of an estate or

trust which beneficiary is a resident individual, a resident estate,

a resident trust or a resident corporation. "Nonresident

beneficiary" means a beneficiary other than a resident beneficiary;

9. "Resident corporation" means a corporation whose principal

place of business is located within the State of Oklahoma.

"Nonresident corporation" means any corporation other than a

resident corporation;

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10. "Taxable income" with respect to any taxpayer means the

"taxable income", "life insurance company taxable income", "mutual

insurance company taxable income", "(regulated) investment company

taxable income", "real estate investment trust taxable income", and

"cooperatives' taxable income" and any other "taxable income" as

defined in the Internal Revenue Code as applies to such taxpayer or

any other income of such taxpayer including, but not limited to,

lump sum distributions as defined by the Internal Revenue Code of

1986, as amended; provided, in the case of income derived from oil

and gas well production, any taxpayer, at his or her option, may

deduct as an allowance for depletion, in lieu of other calculation

of depletion based on the cost of the oil and gas deposit, twenty-

two percent (22%) of the gross income derived from the properties

during the taxable year. Provided further, for tax years beginning

on or after January 1, 2001, and ending on or before December 31,

2011, and for tax years beginning on or after January 1, 2014, for

major oil companies as defined in Section 288.2 of Title 52 of the

Oklahoma Statutes, such allowance shall not exceed fifty percent

(50%) of the net income of the taxpayer (computed without allowance

for depletion) from the property. During taxable years other than

those specified herein, for all taxpayers, such allowance shall not

exceed fifty percent (50%) of the net income of the taxpayer

(computed without allowance for depletion) from the property. If a

depletion allowance is allowed as a deduction in arriving at the

adjusted gross income in the case of an individual, or taxable

income for corporations and trusts, or distributable income of

partnerships by the Internal Revenue Service, the percentage

depletion so calculated shall in no event be a duplication of

depletion allowed on the Federal Income Tax Return;

11. "Adjusted gross income" means "adjusted gross income" as

defined in the Internal Revenue Code;

12. "Oklahoma taxable income" means "taxable income" as

reported (or as would have been reported by the taxpayer had a

return been filed) to the federal government, and in the event of

adjustments thereto by the federal government as finally ascertained

under the Internal Revenue Code, adjusted further as hereinafter

provided;

13. "Oklahoma adjusted gross income" means "adjusted gross

income" as reported to the federal government (or as would have been

reported by the taxpayer had a return been filed), or in the event

of adjustments thereby by the federal government as finally

ascertained under the Internal Revenue Code, adjusted further as

hereinafter provided;

14. "State" means any state of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, any territory or
orted to the federal government (or as would have been

reported by the taxpayer had a return been filed), or in the event

of adjustments thereby by the federal government as finally

ascertained under the Internal Revenue Code, adjusted further as

hereinafter provided;

14. "State" means any state of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, any territory or

possession of the United States or any political subdivision

thereof; and

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15. "Taxpayer" means any person subject to a tax imposed by

this Article, or whose income is, in whole or in part, subject to a

tax imposed by any provision of this article.