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Oklahoma Legislature· SB 104Second Reading referred to Revenue and Taxation Committee then to Appropriations Committee

An act relating to income tax, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                           STATE OF OKLAHOMA

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

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3 SENATE BILL 104                By: Coleman
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6                           AS INTRODUCED

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7   An Act relating to income tax; defining terms;

7   providing credit for certain employer child care

8   expenditures; providing refundable credit for

8   qualified child care worker; providing credit limit;

9   prohibiting refundability for certain credit;

9   allowing credit to be carried forward for certain

10  period; providing annual limit for certain tax years;

10  prescribing procedures to enforce annual limit;

11  providing for codification; and providing an

11  effective date.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16  SECTION 1.     NEW LAW  A new section of law to be codified

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17 in the Oklahoma Statutes as Section 2357.27A of Title 68, unless
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18 there is created a duplication in numbering, reads as follows:
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19  A. As used in this section:

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20  1. "Child" means an individual who is five (5) years of age or

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21 younger;
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22  2. "Child care expense" means the cost or tuition paid for

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23 child care services from a licensed child care facility;
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    Req. No. 881                                              Page 1
1   3. "Employee" means a person to whom wages or other

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2 compensation is paid by an employer;
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3   4. "Employer" means any sole proprietor or lawfully recognized

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4 business entity engaged in lawful business activity;
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5   5. "Licensed child care facility" means a person or entity

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6 lawfully authorized to provide child care services in this state and
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7 is enrolled in Oklahoma's Quality Rating and Improvement System
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8 (QRIS); and
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9   6. "Qualified child care worker" means a person employed for at

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10 least eight (8) consecutive months during the calendar year
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11 corresponding to the tax year for which the credit authorized by
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12 this section is claimed and who:
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13  a. performs classroom services for a licensed child care

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14                facility,

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15  b. is enrolled in Oklahoma's Professional Development

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16                Ladder (PDL), and

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17  c. has earned a minimum of twelve (12) credit hours.

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18  B. For tax years 2026 through 2030, there shall be allowed as a

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19 credit against the tax imposed pursuant to Section 2355 of Title 68
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20 of the Oklahoma Statutes, an amount equal to:
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21  1. Thirty percent (30%) of the amount expended by an employer

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22 for an employee's child care expenses;
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23  2. Thirty percent (30%) of the amount expended by an employer

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24 for the cost of operating or contracting to operate a child care
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    Req. No. 881                                                Page 2
1 facility primarily used by dependents of the employees of the
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2 employer or group of employers, minus any payments made by the
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3 employees to the employer for those child care services; or
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4   3. Thirty percent (30%) of the amount expended by an employer

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5 to contract with a child care facility to ensure a reservation for
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6 its employees.
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7   C. For tax years 2026 through 2030, there shall be allowed a

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8 credit against the tax imposed pursuant to Section 2355 of Title 68
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9 of the Oklahoma Statutes in the amount of One Thousand Dollars
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10 ($1,000.00) for a qualified child care worker. The credit
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11 authorized pursuant to this subsection shall be refundable.
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12  D. The total credit amount claimed by an employer pursuant to

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13 the provisions of subsection B of this section shall not exceed
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14 Thirty Thousand Dollars ($30,000.00) for any tax year.
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15  E. The credit authorized pursuant to the provisions of

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16 subsection B of this section shall not be used to reduce the income
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17 tax liability of the taxpayer to less than zero (0).
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18  F. If the amount of the credit allowed pursuant to subsection B

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19 of this section exceeds the income tax liability, the amount of
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20 credit not used in any tax year may be carried forward, in order, to
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21 each of the five (5) subsequent tax years.
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22  G. For tax year 2028 and subsequent tax years, the total amount

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23 of credits authorized pursuant to subsection B of this section shall
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24 be adjusted annually to limit the annual amount of credits to Five
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    Req. No. 881                                                Page 3
1 Million Dollars ($5,000,000.00). The Oklahoma Tax Commission shall
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2 annually calculate and publish a percentage by which the credits
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3 authorized by this section shall be reduced so the total amount of
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4 credits used to offset tax does not exceed the annual limit. The
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5 formula to be used for the percentage adjustment shall be Five
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6 Million Dollars ($5,000,000.00) divided by the amount of credit
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7 claimed in the second preceding tax year. In the event the total
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8 tax credits authorized by this section exceed the annual limit in
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9 any tax year, the Tax Commission shall permit any excess but shall
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10 factor such excess into the percentage adjustment formula for
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11 subsequent tax years.
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12  H. For tax year 2028 and subsequent tax years, the total amount

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13 of credits authorized pursuant to subsection B of this section shall
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14 be adjusted annually to limit the annual amount of credits to
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15 Fourteen Million Dollars ($14,000,000.00). The Tax Commission shall
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16 annually calculate and publish a percentage by which the credits
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17 authorized by this section shall be reduced so the total amount of
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18 credits used to offset tax does not exceed the annual limit. The
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19 formula to be used for the percentage adjustment shall be Fourteen
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20 Million Dollars ($14,000,000.00) divided by the amount of credit
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21 claimed in the second preceding tax year. In the event the total
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22 tax credits authorized by this section exceed the annual limit in
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23 any tax year, the Tax Commission shall permit any excess but shall
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    Req. No. 881          Page 4
1 factor such excess into the percentage adjustment formula for
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2 subsequent tax years.
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3   SECTION 2. This act shall become effective November 1, 2025.

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    Req. No. 881                                Page 5
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