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Oklahoma Legislature· HB 1602Referred to Appropriations and Budget Finance Subcommittee

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 1602                By: Gise

4

5

6                               AS INTRODUCED

7   An Act relating to revenue and taxation; amending 68

    O.S. 2021, Section 2357.404, which relates to income

8   tax credits for tuition reimbursement for qualified

    employees of vehicle and automotive parts

9   manufacturing companies; modifying dates to which

    credits may be claimed; providing an effective date.

10

11

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

13  SECTION 1.      AMENDATORY   68 O.S. 2021, Section 2357.404, is

14 amended to read as follows:

15 Section 2357.404. Tax credit for tuition reimbursement for

16 qualified employees of vehicle and automotive parts manufacturing

17 companies.

18  A. As used in this section:

19  1. "Vehicle manufacturing" and "automotive parts manufacturing"

20 mean a private or public company first placed in operation in this

21 state after November 1, 2019, which is engaged in the research,

22 development, design and manufacture of motor vehicles or automotive

23 parts manufacturing which may be driven on the avenues of public

24 access. For purposes of this section, "motor vehicle" does not

    Req. No. 11209                                                  Page 1
1 include low-speed electric vehicles or motor vehicles manufactured

2 primarily for off-road use, such as primarily for use on a golf

3 course;

4   2. "Compensation" means payments in the form of contract labor

5 for which the payor is required to provide a Form 1099 to the person

6 paid, wages subject to withholding tax paid to a part-time employee

7 or full-time employee, or salary or other remuneration.

8 Compensation shall not include employer-provided retirement, medical

9 or health-care benefits, reimbursement for travel, meals, lodging or

10 any other expense;

11  3. "Institution" means an institution within The Oklahoma State

12 System of Higher Education or any other public or private college or

13 university that is accredited by a national accrediting body;

14  4. "Qualified employer" means a sole proprietor, general

15 partnership, limited partnership, limited liability company,

16 corporation, other legally recognized business entity, or public

17 entity whose principal business activity involves the vehicle

18 manufacturing as defined in this section;

19  5. "Qualified employee" means any person, regardless of the

20 date of hire, employed in this state by or contracting in this state

21 with a qualified employer on or after January 1, 2018, who has been

22 awarded an undergraduate or graduate degree from a qualified program

23 by an institution, and who was not employed in vehicle manufacturing

24 in this state immediately preceding employment or contracting with a

    Req. No. 11209                                                Page 2
1 qualified employer. Provided, the definition shall not be

2 interpreted to exclude any person who was employed in vehicle

3 manufacturing, but not as a full-time engineer, prior to being

4 awarded an undergraduate or graduate degree from a qualified program

5 by an institution or any person who has been awarded an

6 undergraduate or graduate degree from a qualified program by an

7 institution and is employed by a professional staffing company and

8 assigned to work in vehicle manufacturing in this state;

9   6. "Qualified program" means a program that awards an

10 undergraduate or graduate degree and that has been accredited by the

11 Engineering Accreditation Commission of the Accreditation Board for

12 Engineering and Technology (ABET); and

13  7. "Tuition" means the average annual amount paid by a

14 qualified employee for enrollment and instruction in a qualified

15 program. Tuition shall not include the cost of books, fees or room

16 and board.

17  B. 1. Except as otherwise provided in subsection E of this

18 section, for taxable years beginning after December 31, 2018, and

19 ending before January 1, 2026 2032, a qualified employer shall be

20 allowed a credit against the tax imposed pursuant to Section 2355 of

21 Title 68 of the Oklahoma Statutes for tuition reimbursed to a

22 qualified employee.

23  2. The credit authorized by this subsection may be claimed only

24 if the qualified employee has been awarded an undergraduate or

    Req. No. 11209                                                 Page 3
1 graduate degree within one (1) year of commencing employment with

2 the qualified employer.

3   3. The credit authorized by this subsection shall be in the

4 amount of fifty percent (50%) of the tuition reimbursed to a

5 qualified employee for the first through fourth years of employment.

6 In no event shall this credit exceed fifty percent (50%) of the

7 average annual amount paid by a qualified employee for enrollment

8 and instruction in a qualified program at a public institution in

9 Oklahoma.

10  4. The credit authorized by this subsection shall not be used

11 to reduce the tax liability of the qualified employer to less than

12 zero (0).

13  5. No credit authorized by this subsection shall be claimed

14 after the fourth year of employment.

15  C. 1. Except as otherwise provided in subsection E of this

16 section, for taxable years beginning after December 31, 2018, and

17 ending before January 1, 2026 2032, a qualified employer shall be

18 allowed a credit against the tax imposed pursuant to Section 2355 of

19 Title 68 of the Oklahoma Statutes for compensation paid to a

20 qualified employee.

21  2. The credit authorized by this subsection shall be in the

22 amount of:

23  a. ten percent (10%) of the compensation paid for the

24             first through fifth years of employment in vehicle

    Req. No. 11209                                                 Page 4
1             manufacturing if the qualified employee graduated from

2             an institution located in this state, or

3          b. five percent (5%) of the compensation paid for the

4             first through fifth years of employment in vehicle

5             manufacturing if the qualified employee graduated from

6             an institution located outside this state.

7   3. The credit authorized by this subsection shall not exceed

8 Twelve Thousand Five Hundred Dollars ($12,500.00) for each qualified

9 employee annually.

10  4. The credit authorized by this subsection shall not be used

11 to reduce the tax liability of the qualified employer to less than

12 zero (0).

13  5. No credit authorized pursuant to this subsection shall be

14 claimed after the fifth year of employment.

15  D. 1. Except as otherwise provided in subsection F of this

16 section, for taxable years beginning after December 31, 2018, and

17 ending before January 1, 2026 2032, a qualified employee shall be

18 allowed a credit against the tax imposed pursuant to Section 2355 of

19 Title 68 of the Oklahoma Statutes of up to Five Thousand Dollars

20 ($5,000.00) per year for a period of time not to exceed five (5)

21 years.

22  2. The credit authorized by this subsection shall not be used

23 to reduce the tax liability of the taxpayer to less than zero (0).

24

    Req. No. 11209                                        Page 5
1   3. Any credit claimed, but not used, may be carried over, in

2 order, to each of the five (5) subsequent taxable years.

3   E. 1. For any tax year during which the credit is allowed, the

4 total amount of credits authorized by subsections B and C of this

5 section used to offset tax shall be adjusted annually to limit the

6 annual amount of credits to Three Million Dollars ($3,000,000.00).

7 The Tax Commission shall annually calculate and publish a percentage

8 by which the credits authorized by subsections B and C of this

9 section shall be reduced so the total amount of credits used to

10 offset tax does not exceed Three Million Dollars ($3,000,000.00) per

11 year. The formula to be used for the percentage adjustment shall be

12 Three Million Dollars ($3,000,000.00) divided by the credits claimed

13 in the second preceding year.

14  2. Pursuant to paragraph 1 of this subsection, in the event the

15 total tax credits authorized by subsections B and C of this section

16 exceed Three Million Dollars ($3,000,000.00) in any tax year, the

17 Tax Commission shall permit any excess over Three Million Dollars

18 ($3,000,000.00), but shall factor such excess into the percentage

19 adjustment formula for subsequent years.

20  F. 1. For any tax year during which the credit is allowed, the

21 total amount of credits authorized by subsection D of this section

22 used to offset tax shall be adjusted annually to limit the annual

23 amount of credits to Two Million Dollars ($2,000,000.00). The Tax

24 Commission shall annually calculate and publish a percentage by

    Req. No. 11209                                                  Page 6
1 which the credits authorized by subsection D of this section shall

2 be reduced so the total amount of credits used to offset tax does

3 not exceed Two Million Dollars ($2,000,000.00) per year. The

4 formula to be used for the percentage adjustment shall be Two

5 Million Dollars ($2,000,000.00) divided by the credits claimed in

6 the second preceding year.

7   2. Pursuant to paragraph 1 of this subsection, in the event the

8 total tax credits authorized by subsection D of this section exceed

9 Two Million Dollars ($2,000,000.00) in any tax year, the Tax

10 Commission shall permit any excess over Two Million Dollars

11 ($2,000,000.00), but shall factor such excess into the percentage

12 adjustment formula for subsequent years.

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

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15  60-1-11209      AO        12/27/24

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    Req. No. 11209                                               Page 7
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