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Oklahoma Legislature· HB 1539SA's received

An act relating to revenue and taxation, the official text

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1                    STATE OF OKLAHOMA

2               1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1539               By: Lepak

4

5

6                    AS INTRODUCED

7   An Act relating to revenue and taxation; amending 68

    O.S. 2021, Section 2355, as last amended by Section

8   1, Chapter 27, 1st Extraordinary Session, O.S.L. 2023

    (68 O.S. Supp. 2024, Section 2355), which relates to

9   income tax rates; prescribing method for reduction of

    individual income tax rates; defining terms;

10  providing for incremental reduction based on certain

    revenue determination by the State Board of

11  Equalization; prescribing procedures for computation

    of certain revenue amounts; and providing an

12  effective date.

13

14

15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

16  SECTION 1.      AMENDATORY  68 O.S. 2021, Section 2355, as

17 last amended by Section 1, Chapter 27, 1st Extraordinary Session,

18 O.S.L. 2023 (68 O.S. Supp. 2024, Section 2355), is amended to read

19 as follows:

20  Section 2355. A. Individuals. For all taxable years beginning

21 after December 31, 1998, and before January 1, 2006, a tax is hereby

22 imposed upon the Oklahoma taxable income of every resident or

23 nonresident individual, which tax shall be computed at the option of

24 the taxpayer under one of the two following methods:

    Req. No. 12218                                                Page 1
1   1. METHOD 1.

2   a. Single individuals and married individuals filing

3   separately not deducting federal income tax:

4   (1) 1/2% tax on first $1,000.00 or part thereof,

5   (2) 1% tax on next $1,500.00 or part thereof,

6   (3) 2% tax on next $1,250.00 or part thereof,

7   (4) 3% tax on next $1,150.00 or part thereof,

8   (5) 4% tax on next $1,300.00 or part thereof,

9   (6) 5% tax on next $1,500.00 or part thereof,

10  (7) 6% tax on next $2,300.00 or part thereof, and

11  (8) (a) for taxable years beginning after December

12                  31, 1998, and before January 1, 2002, 6.75%

13                  tax on the remainder,

14                  (b) for taxable years beginning on or after

15                  January 1, 2002, and before January 1, 2004,

16                  7% tax on the remainder, and

17                  (c) for taxable years beginning on or after

18                  January 1, 2004, 6.65% tax on the remainder.

19  b. Married individuals filing jointly and surviving

20  spouse to the extent and in the manner that a

21  surviving spouse is permitted to file a joint return

22  under the provisions of the Internal Revenue Code and

23  heads of households as defined in the Internal Revenue

24  Code not deducting federal income tax:

    Req. No. 12218                                               Page 2
1   (1) 1/2% tax on first $2,000.00 or part thereof,

2   (2) 1% tax on next $3,000.00 or part thereof,

3   (3) 2% tax on next $2,500.00 or part thereof,

4   (4) 3% tax on next $2,300.00 or part thereof,

5   (5) 4% tax on next $2,400.00 or part thereof,

6   (6) 5% tax on next $2,800.00 or part thereof,

7   (7) 6% tax on next $6,000.00 or part thereof, and

8   (8) (a) for taxable years beginning after December

9                   31, 1998, and before January 1, 2002, 6.75%

10                  tax on the remainder,

11                  (b) for taxable years beginning on or after

12                  January 1, 2002, and before January 1, 2004,

13                  7% tax on the remainder, and

14                  (c) for taxable years beginning on or after

15                  January 1, 2004, 6.65% tax on the remainder.

16  2. METHOD 2.

17  a. Single individuals and married individuals filing

18  separately deducting federal income tax:

19  (1) 1/2% tax on first $1,000.00 or part thereof,

20  (2) 1% tax on next $1,500.00 or part thereof,

21  (3) 2% tax on next $1,250.00 or part thereof,

22  (4) 3% tax on next $1,150.00 or part thereof,

23  (5) 4% tax on next $1,200.00 or part thereof,

24  (6) 5% tax on next $1,400.00 or part thereof,

    Req. No. 12218                                               Page 3
1   (7) 6% tax on next $1,500.00 or part thereof,

2   (8) 7% tax on next $1,500.00 or part thereof,

3   (9) 8% tax on next $2,000.00 or part thereof,

4   (10) 9% tax on next $3,500.00 or part thereof, and

5   (11) 10% tax on the remainder.

6   b. Married individuals filing jointly and surviving

7   spouse to the extent and in the manner that a

8   surviving spouse is permitted to file a joint return

9   under the provisions of the Internal Revenue Code and

10  heads of households as defined in the Internal Revenue

11  Code deducting federal income tax:

12  (1) 1/2% tax on the first $2,000.00 or part thereof,

13  (2) 1% tax on the next $3,000.00 or part thereof,

14  (3) 2% tax on the next $2,500.00 or part thereof,

15  (4) 3% tax on the next $1,400.00 or part thereof,

16  (5) 4% tax on the next $1,500.00 or part thereof,

17  (6) 5% tax on the next $1,600.00 or part thereof,

18  (7) 6% tax on the next $1,250.00 or part thereof,

19  (8) 7% tax on the next $1,750.00 or part thereof,

20  (9) 8% tax on the next $3,000.00 or part thereof,

21  (10) 9% tax on the next $6,000.00 or part thereof, and

22  (11) 10% tax on the remainder.

23  B. Individuals. For all taxable years beginning on or after

24 January 1, 2008, and ending any tax year which begins after December

    Req. No. 12218                                       Page 4
1 31, 2015, for which the determination required pursuant to Sections

2 4 and 5 of this act is made by the State Board of Equalization, a

3 tax is hereby imposed upon the Oklahoma taxable income of every

4 resident or nonresident individual, which tax shall be computed as

5 follows:

6   1. Single individuals and married individuals filing

7 separately:

8           (a) 1/2% tax on first $1,000.00 or part thereof,

9           (b) 1% tax on next $1,500.00 or part thereof,

10          (c) 2% tax on next $1,250.00 or part thereof,

11          (d) 3% tax on next $1,150.00 or part thereof,

12          (e) 4% tax on next $2,300.00 or part thereof,

13          (f) 5% tax on next $1,500.00 or part thereof,

14          (g) 5.50% tax on the remainder for the 2008 tax year and

15             any subsequent tax year unless the rate prescribed by

16             subparagraph (h) of this paragraph is in effect, and

17          (h) 5.25% tax on the remainder for the 2009 and subsequent

18             tax years. The decrease in the top marginal

19             individual income tax rate otherwise authorized by

20             this subparagraph shall be contingent upon the

21             determination required to be made by the State Board

22             of Equalization pursuant to Section 2355.1A of this

23             title.

24

    Req. No. 12218                                                 Page 5
1   2. Married individuals filing jointly and surviving spouse to

2 the extent and in the manner that a surviving spouse is permitted to

3 file a joint return under the provisions of the Internal Revenue

4 Code and heads of households as defined in the Internal Revenue

5 Code:

6        (a) 1/2% tax on first $2,000.00 or part thereof,

7        (b) 1% tax on next $3,000.00 or part thereof,

8        (c) 2% tax on next $2,500.00 or part thereof,

9        (d) 3% tax on next $2,300.00 or part thereof,

10       (e) 4% tax on next $2,400.00 or part thereof,

11       (f) 5% tax on next $2,800.00 or part thereof,

12       (g) 5.50% tax on the remainder for the 2008 tax year and

13       any subsequent tax year unless the rate prescribed by

14       subparagraph (h) of this paragraph is in effect, and

15       (h) 5.25% tax on the remainder for the 2009 and subsequent

16       tax years. The decrease in the top marginal

17       individual income tax rate otherwise authorized by

18       this subparagraph shall be contingent upon the

19       determination required to be made by the State Board

20       of Equalization pursuant to Section 2355.1A of this

21       title.

22  C. Individuals. For all taxable years beginning on or after

23 January 1, 2024, and except as provided pursuant to the provisions

24 of subsection D of this section, a tax is hereby imposed upon the

    Req. No. 12218                                         Page 6
1 Oklahoma taxable income of every resident or nonresident individual,

2 which tax shall be computed as follows:

3   1. Single individuals and married individuals filing

4 separately:

5         (a) 0.25% tax on first $1,000.00 or part thereof,

6         (b) 0.75% tax on next $1,500.00 or part thereof,

7         (c) 1.75% tax on next $1,250.00 or part thereof,

8         (d) 2.75% tax on next $1,150.00 or part thereof,

9         (e) 3.75% tax on next $2,300.00 or part thereof,

10        (f) 4.75% tax on the remainder.

11  2. Married individuals filing jointly and surviving spouse to

12 the extent and in the manner that a surviving spouse is permitted to

13 file a joint return under the provisions of the Internal Revenue

14 Code and heads of households as defined in the Internal Revenue

15 Code:

16        (a) 0.25% tax on first $2,000.00 or part thereof,

17        (b) 0.75% tax on next $3,000.00 or part thereof,

18        (c) 1.75% tax on next $2,500.00 or part thereof,

19        (d) 2.75% tax on next $2,300.00 or part thereof,

20        (e) 3.75% tax on next $4,600.00 or part thereof,

21        (f) 4.75% tax on the remainder.

22  No deduction for federal income taxes paid shall be allowed to

23 any taxpayer to arrive at taxable income.

24

    Req. No. 12218                                                  Page 7
1   D. 1. "Qualifying cumulative revenue growth" means an increase

2 of at least Three Hundred Million Dollars ($300,000,000.00) in

3 excess of the applicable base year amount, which shall include any

4 decrease in the total collections amount for any fiscal year which

5 reflects a decline in total revenue collections. If the total

6 revenue collections equal or exceed Three Hundred Million Dollars

7 ($300,000,000.00) using either a comparison of one fiscal year to

8 the next succeeding fiscal year or equal or exceed Three Hundred

9 Million Dollars ($300,000,000.00) as a result of multiple successive

10 comparisons, which shall take into account any comparison which

11 results in an increase of less than Three Hundred Million Dollars

12 ($300,000,000.00) or which results in a decline in total collections

13 from the preceding year, then if such cumulative net total,

14 including any year in which total collections declined, equals or

15 exceeds Three Hundred Million Dollars ($300,000,000.00) then the

16 next decrease in the income tax rates as described by this

17 subsection shall be implemented.

18  2. "Total revenue collections" includes all revenue sources

19 reported in the annual report of the Oklahoma Tax Commission

20 excluding any tax collected by the Commission from levies imposed by

21 counties, cities, towns or any other entity of local government.

22  3. Except as otherwise provided by this subsection, for all

23 taxable years beginning on or after January 1, 2026, a tax is hereby

24 imposed upon the Oklahoma taxable income of every resident or

    Req. No. 12218                                                  Page 8
1 nonresident individual, which tax shall be as prescribed in

2 paragraphs 1 and 2 of subsection C of this section reduced in each

3 of the rates as prescribed by paragraph 1 or paragraph 2 of

4 subsection C of this section by twenty-five hundredths of one

5 percent (0.0025), expressed as a decimal, for purposes of the

6 reduction, for any income tax year beginning on the January 1 date

7 immediately succeeding a fiscal year ending on the preceding June 30

8 for which the State Board of Equalization makes a certification, at

9 its December meeting, that total revenue collections for such fiscal

10 year exceeded the qualifying cumulative revenue growth by Three

11 Hundred Million Dollars ($300,000,000.00) or more.

12  4. The State Board of Equalization, at its December meeting

13 each year, shall make a determination regarding the possibility of a

14 decrease in the income tax rate otherwise prescribed by this

15 subsection. If the revenue conditions prescribed by this subsection

16 are met, which shall be included as part of the findings of the

17 State Board of Equalization, then the income tax rates otherwise

18 prescribed by paragraphs 1 and 2 of subsection C of this section

19 shall be reduced by twenty-five hundredths of one percent (0.0025)

20 effective on January 1 of the calendar year immediately following

21 the year during which the State Board of Equalization makes the

22 finding that qualifying cumulative revenue growth as defined by this

23 subsection is sufficient to reduce the income tax rates otherwise

24 prescribed by paragraphs 1 and 2 of subsection C of this section.

    Req. No. 12218                                                  Page 9
1 For purposes of this subsection, the total collections from all

2 revenue sources for the fiscal year ending June 30, 2023, shall be

3 the initial base year amount.

4   5. Beginning with the December 2025 meeting of the State Board

5 of Equalization and at each succeeding December meeting, the State

6 Board shall compare the total revenue collections amount for the

7 fiscal year ending on the immediately preceding June 30 date, to the

8 applicable base year total collections amount. If there is an

9 increase in the total collections amount equal to or greater than

10 Three Hundred Million Dollars ($300,000,000.00) compared to the

11 initial base year total collections amount, the income tax rates

12 otherwise prescribed by paragraphs 1 and 2 of subsection C of this

13 section shall be reduced effective January 1 of the immediately

14 succeeding calendar year. If there is not an increase of at least

15 Three Hundred Million Dollars ($300,000,000.00) in the total

16 collections amount as reflected in the December certification of

17 total collections compared to the applicable base year total

18 collection amount, there shall be no modification of such income tax

19 rates.

20  6. For any fiscal year with respect to which the qualifying

21 cumulative revenue growth as determined at the December meeting

22 equals or exceeds the applicable base year total collection amount

23 by Three Hundred Million Dollars ($300,000,000.00) or more, the

24 applicable base year total collections amount shall be adjusted for

    Req. No. 12218                                               Page 10
1 purposes of any succeeding comparison by adding Three Hundred

2 Million Dollars ($300,000,000.00) plus the increment of all revenues

3 exceeding Three Hundred Million Dollars ($300,000,000.00) to the

4 prior base year amount and the resulting sum shall become the

5 adjusted base year amount for purposes of future computations

6 required by this subsection.

7   7. After an adjustment is made to any base year amount, a

8 reduction in the income tax rate otherwise prescribed pursuant to

9 this subsection, in increments of twenty-five hundredths of one

10 percent (0.0025), may only occur if there is a subsequent increase

11 of Three Hundred Million Dollars ($300,000,000.00) or more in the

12 qualifying cumulative revenue growth as defined by this subsection.

13 Subject to the determinations regarding the increase in total

14 collections as defined by this subsection, the reductions prescribed

15 by this subsection shall be made for all applicable income tax years

16 until the rates of individual income tax as prescribed by paragraphs

17 1 and 2 of subsection C of this section equals zero (0).

18  8. For purposes of reporting total collections for purposes of

19 this subsection, the Oklahoma Tax Commission shall use the same

20 methodology used to report estimated revenues to the State Board of

21 Equalization that was used to make the report for the December, 2024

22 meeting.

23  E. Nonresident aliens. In lieu of the rates set forth in

24 subsection A above this section, there shall be imposed on

    Req. No. 12218                                                Page 11
1 nonresident aliens, as defined in the Internal Revenue Code, a tax

2 of eight percent (8%) instead of thirty percent (30%) as used in the

3 Internal Revenue Code, with respect to the Oklahoma taxable income

4 of such nonresident aliens as determined under the provision of the

5 Oklahoma Income Tax Act.

6  Every payer of amounts covered by this subsection shall deduct

7 and withhold from such amounts paid each payee an amount equal to

8 eight percent (8%) thereof. Every payer required to deduct and

9 withhold taxes under this subsection shall for each quarterly period

10 on or before the last day of the month following the close of each

11 such quarterly period, pay over the amount so withheld as taxes to

12 the Tax Commission, and shall file a return with each such payment.

13 Such return shall be in such form as the Tax Commission shall

14 prescribe. Every payer required under this subsection to deduct and

15 withhold a tax from a payee shall, as to the total amounts paid to

16 each payee during the calendar year, furnish to such payee, on or

17 before January 31, of the succeeding year, a written statement

18 showing the name of the payer, the name of the payee and the payee's

19 Social Security account number, if any, the total amount paid

20 subject to taxation, and the total amount deducted and withheld as

21 tax and such other information as the Tax Commission may require.

22 Any payer who fails to withhold or pay to the Tax Commission any

23 sums herein required to be withheld or paid shall be personally and

24 individually liable therefor to the State of Oklahoma.

   Req. No. 12218                                                  Page 12
1   E. F. Corporations. For all taxable years beginning after

2 December 31, 2021, a tax is hereby imposed upon the Oklahoma taxable

3 income of every corporation doing business within this state or

4 deriving income from sources within this state in an amount equal to

5 four percent (4%) thereof.

6   There shall be no additional Oklahoma income tax imposed on

7 accumulated taxable income or on undistributed personal holding

8 company income as those terms are defined in the Internal Revenue

9 Code.

10  F. G. Certain foreign corporations. In lieu of the tax imposed

11 in the first paragraph of subsection D F of this section, for all

12 taxable years beginning after December 31, 2021, there shall be

13 imposed on foreign corporations, as defined in the Internal Revenue

14 Code, a tax of four percent (4%) instead of thirty percent (30%) as

15 used in the Internal Revenue Code, where such income is received

16 from sources within Oklahoma, in accordance with the provisions of

17 the Internal Revenue Code and the Oklahoma Income Tax Act.

18  Every payer of amounts covered by this subsection shall deduct

19 and withhold from such amounts paid each payee an amount equal to

20 four percent (4%) thereof. Every payer required to deduct and

21 withhold taxes under this subsection shall for each quarterly period

22 on or before the last day of the month following the close of each

23 such quarterly period, pay over the amount so withheld as taxes to

24 the Tax Commission, and shall file a return with each such payment.

    Req. No. 12218                                                Page 13
1 Such return shall be in such form as the Tax Commission shall

2 prescribe. Every payer required under this subsection to deduct and

3 withhold a tax from a payee shall, as to the total amounts paid to

4 each payee during the calendar year, furnish to such payee, on or

5 before January 31, of the succeeding year, a written statement

6 showing the name of the payer, the name of the payee and the payee's

7 Social Security account number, if any, the total amounts paid

8 subject to taxation, the total amount deducted and withheld as tax

9 and such other information as the Tax Commission may require. Any

10 payer who fails to withhold or pay to the Tax Commission any sums

11 herein required to be withheld or paid shall be personally and

12 individually liable therefor to the State of Oklahoma.

13  G. H. Fiduciaries. A tax is hereby imposed upon the Oklahoma

14 taxable income of every trust and estate at the same rates as are

15 provided in subsection B or, C, or D of this section for single

16 individuals. Fiduciaries are not allowed a deduction for any

17 federal income tax paid.

18  H. I. Tax rate tables. For all taxable years beginning after

19 December 31, 1991, in lieu of the tax imposed by subsection A, B or,

20 C, or D of this section, as applicable there is hereby imposed for

21 each taxable year on the taxable income of every individual, whose

22 taxable income for such taxable year does not exceed the ceiling

23 amount, a tax determined under tables, applicable to such taxable

24 year which shall be prescribed by the Tax Commission and which shall

    Req. No. 12218                                                 Page 14
1 be in such form as it determines appropriate. In the table so

2 prescribed, the amounts of the tax shall be computed on the basis of

3 the rates prescribed by subsection A, B or, C, or D of this section.

4 For purposes of this subsection, the term "ceiling amount" means,

5 with respect to any taxpayer, the amount determined by the Tax

6 Commission for the tax rate category in which such taxpayer falls.

7   SECTION 2. This act shall become effective November 1, 2025.

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9   60-1-12218      MAH  01/15/25

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    Req. No. 12218                                                Page 15
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