Okla. Stat. tit. 68, § 68-2370
This is the official text of Okla. Stat. tit. 68, § 68-2370, 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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In lieu taxes for state, national banking associations
Official statutory text
and credit unions.
A. For taxable years beginning after December 31, 2021, for the
privilege of doing business within this state, every state banking
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 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 levied in Section 1218 of this
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1063
title and the franchise tax levied in Article 12 of 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, 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. Nothing herein shall be construed to exempt an
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 personal 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 applies, shall apply notwithstanding the prior
accrual of a tax in the same taxable year 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 title.
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:
1. There shall be deducted all interest income on obligations
of the United States government and agencies thereof not otherwise
exempted and all interest income on obligations of the State of
Oklahoma 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 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
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1064
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 pursuant to a loan made under the Rural Economic
Development Loan Act. Such credit 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
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 pursuant to a loan made under the Rural Economic
Development Loan Act. Such credit 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
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. In 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 otherwise 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.
A. For taxable years beginning after December 31, 2021, for the
privilege of doing business within this state, every state banking
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 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 levied in Section 1218 of this
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1063
title and the franchise tax levied in Article 12 of 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, 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. Nothing herein shall be construed to exempt an
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 personal 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 applies, shall apply notwithstanding the prior
accrual of a tax in the same taxable year 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 title.
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:
1. There shall be deducted all interest income on obligations
of the United States government and agencies thereof not otherwise
exempted and all interest income on obligations of the State of
Oklahoma 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 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
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1064
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 pursuant to a loan made under the Rural Economic
Development Loan Act. Such credit 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
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 pursuant to a loan made under the Rural Economic
Development Loan Act. Such credit 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
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. In 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 otherwise 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.
Status: in_force · Read it on the official government site
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