Okla. Stat. tit. 68, § 68-2375

This is the official text of Okla. Stat. tit. 68, § 68-2375, 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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Payment of tax - Delinquency - Penalties and interest -

Official statutory text

Assessment or refund during IRS extension.

A. On the original due date of the return, not including any

extensions, the taxpayer shall remit therewith to the Tax Commission

the amount of tax due under the applicable provisions of Section

2351 et seq. of this title. Failure to pay such tax on or before

the date the return is due, not including any extensions, shall

cause the tax to become delinquent. If the return is filed

electronically, the amount of the tax due pursuant to the provisions

of this article shall be due on or before the twentieth day of April

following the close of the taxable year regardless of when the

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1068

return is electronically filed. The tax shall be deemed delinquent

if unpaid after the twentieth day of April if the return is

electronically filed. Provided, if the Internal Revenue Code

provides for a later due date for returns of individuals, the Tax

Commission shall accept payments made with returns filed by

individuals by such date and such payments shall be considered as

timely paid.

B. If any tax due under Section 2351 et seq. of this title,

except a deficiency determined under Section 221 of this title, is

not paid on or before the date such tax becomes delinquent, a

penalty of five percent (5%) of the total amount of the tax due

shall be added thereto, collected and paid. However, the Tax

Commission shall not collect the penalty assessed if the taxpayer

remits the tax and interest within sixty (60) days of the mailing of

a proposed assessment or voluntarily pays the tax upon the filing of

an amended return.

C. If any part of deficiency, arbitrary or jeopardy assessment

made by the Tax Commission is based upon or occasioned by the

refusal of any taxpayer to file with the Tax Commission any return

as required by Section 2351 et seq. of this title, within ten (10)

days after a written demand for such report or return has been

served upon any taxpayer by the Tax Commission by registered letter

with a return receipt attached, the Tax Commission may assess and

collect, as a penalty, twenty-five percent (25%) of the amount of

the assessment. In the exercise of the authority granted by

subsection C of Section 223 and Section 224 of this title, the Tax

Commission shall assess the tax as an estimated tax on the basis of

its own determination of the Oklahoma taxable income of the

taxpayer, to be adjusted if and when Oklahoma taxable income is

ascertained under the provisions of Section 2351 et seq. of this

title.

D. If any part of any deficiency was due to negligence or

intentional disregard, without the intent to defraud, then ten

percent (10%) of the total amount of the deficiency, in addition to

such deficiency, including interest as authorized by law, shall be

added, collected and paid.

E. If any part of any deficiency was due to fraud with intent

to evade tax, then fifty percent (50%) of the total amount of the

deficiency, in addition to such deficiency, including interest as

herein provided, shall be added, collected and paid.

F. The provisions in this section for penalties shall supersede

all other provisions for penalties on income taxes. The provisions

in this section for penalties shall supersede the provisions in the

Uniform Tax Procedure Code, Section 201 et seq. of this title, only

to the extent of conflict between such provisions and the penalty

provisions in this section.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1069

G. All taxes, penalties and interest levied under Section 2351

et seq. of this title must be paid to the Tax Commission at Oklahoma

City, in the form or remittance required by and payable to it.

H. 1. The period of time prescribed in Section 223 of this

title, in which the procedures for the assessment of income tax may

be commenced by the Tax Commission, shall be tolled and extended
ge 1069

G. All taxes, penalties and interest levied under Section 2351

et seq. of this title must be paid to the Tax Commission at Oklahoma

City, in the form or remittance required by and payable to it.

H. 1. The period of time prescribed in Section 223 of this

title, in which the procedures for the assessment of income tax may

be commenced by the Tax Commission, shall be tolled and extended

until the amount of taxable income for any year of a taxpayer under

the Internal Revenue Code has been finally determined under

applicable federal law and for the additional period of time

hereinafter provided in this subsection.

2. If, in such final determination, the amount of taxable

income for any year of a taxpayer under the Internal Revenue Code is

changed or corrected from the amounts included in the federal return

of the taxpayer for such year and such change or correction affects

the Oklahoma taxable income of the taxpayer for such year, the

taxpayer, within one (1) year after such final determination of the

corrected taxable income, shall file an amended return under Section

2351 et seq. of this title reporting the corrected Oklahoma taxable

income, and the Tax Commission shall make assessment or refund

within two (2) years from the date the return required by this

paragraph is filed and not thereafter, unless a waiver is agreed to

and signed by the Tax Commission and the taxpayer.

3. In the event of failure by a taxpayer to comply with the

provisions of paragraph 2 of this subsection, the statute of

limitations shall be tolled for a period of time equal to the time

between the date the amended return under this subsection is

required until such return is actually furnished.

4. In administering the provisions of this subsection, the Tax

Commission shall have the authority to audit each and every item of

income, deduction, credit or any other matter related to the return

where such items or matters relate to allocation or apportionment

between the State of Oklahoma and some other state or the federal

government even if such items or matters were not affected by

revisions made in such final determination. Where such items or

matters do not relate to allocation or apportionment between the

State of Oklahoma and some other state or the federal government,

the Tax Commission shall be bound by the revisions made in such

final determination.

5. The provisions of this subsection shall be effective on

September 1, 1993, and except in the case of tax years which are the

subject of closing, settlement or resolution agreements entered into

by taxpayers and the Tax Commission, keep open all tax years

beginning after June 30, 1988, and all tax years beginning on or

before June 30, 1988, for which extensions of the statute of

limitations have been executed by the taxpayer, but only to the

extent such extensions remain open on the date of enactment hereof.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1070

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.