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Oklahoma Legislature· HB 2195Referred 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 2195                 By: Wolfley

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; modifying individual income tax

    rates; modifying references to income tax years; and

10  providing an effective date.

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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:
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:
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,
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
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.

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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 2026, a tax is hereby imposed upon the Oklahoma

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1 taxable income of every resident or nonresident individual, which

2 tax shall be computed as follows:

3   1. Single individuals and married individuals filing

4 separately:

5         (a) 0.25% 0.00% 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% 0.00% 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.

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1  D. Nonresident aliens. In lieu of the rates set forth in

2 subsection A above, there shall be imposed on nonresident aliens, as

3 defined in the Internal Revenue Code, a tax of eight percent (8%)

4 instead of thirty percent (30%) as used in the Internal Revenue

5 Code, with respect to the Oklahoma taxable income of such

6 nonresident aliens as determined under the provision of the Oklahoma

7 Income Tax Act.

8  Every payer of amounts covered by this subsection shall deduct

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

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

11 withhold taxes under this subsection shall for each quarterly period

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

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

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

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

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

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

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

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

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

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

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

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

24 Any payer who fails to withhold or pay to the Tax Commission any
1 sums herein required to be withheld or paid shall be personally and

2 individually liable therefor to the State of Oklahoma.

3   E. Corporations. For all taxable years beginning after

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

5 income of every corporation doing business within this state or

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

7 four percent (4%) thereof.

8   There shall be no additional Oklahoma income tax imposed on

9 accumulated taxable income or on undistributed personal holding

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

11 Code.

12  F. Certain foreign corporations. In lieu of the tax imposed in

13 the first paragraph of subsection D of this section, for all taxable

14 years beginning after December 31, 2021, there shall be imposed on

15 foreign corporations, as defined in the Internal Revenue Code, a tax

16 of four percent (4%) instead of thirty percent (30%) as used in the

17 Internal Revenue Code, where such income is received from sources

18 within Oklahoma, in accordance with the provisions of the Internal

19 Revenue Code and the Oklahoma Income Tax Act.

20  Every payer of amounts covered by this subsection shall deduct

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

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

23 withhold taxes under this subsection shall for each quarterly period

24 on or before the last day of the month following the close of each
1 such quarterly period, pay over the amount so withheld as taxes to

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

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

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

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

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

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

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

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

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

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

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

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

14 individually liable therefor to the State of Oklahoma.

15  G. Fiduciaries. A tax is hereby imposed upon the Oklahoma

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

17 provided in subsection B or C of this section for single

18 individuals. Fiduciaries are not allowed a deduction for any

19 federal income tax paid.

20  H. Tax rate tables. For all taxable years beginning after

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

22 C of this section, as applicable there is hereby imposed for each

23 taxable year on the taxable income of every individual, whose

24 taxable income for such taxable year does not exceed the ceiling
1 amount, a tax determined under tables, applicable to such taxable

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

3 be in such form as it determines appropriate. In the table so

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

5 the rates prescribed by subsection A, B or C of this section. For

6 purposes of this subsection, the term "ceiling amount" means, with

7 respect to any taxpayer, the amount determined by the Tax Commission

8 for the tax rate category in which such taxpayer falls.

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

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11  60-1-11071  MAH  01/03/25

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