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Oklahoma Legislature· SB 1856Second Reading referred to Revenue and Taxation Committee then to Appropriations Committee

An act relating to tax, the official text

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1                   STATE OF OKLAHOMA

1

2                  2nd Session of the 60th Legislature (2026)

2

3 SENATE BILL 1856              By: Deevers
3

4

4

5

5

6                   AS INTRODUCED

6

7   An Act relating to tax; amending 68 O.S. 2021,

7   Section 2355, as last amended by Section 2, Chapter

8   307, O.S.L. 2025 (68 O.S. Supp. 2025, Section 2355),

8   which relates to income tax; requiring income tax

9   rate reduction upon certification of collections in

9   excess of prior year collections; prescribing

10  thresholds for reduction amounts; prescribing

10  calculation of collection amounts; updating statutory

11  reference; and providing an effective date.

11

12

12

13

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14

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

15

16 last amended by Section 2, Chapter 307, O.S.L. 2025 (68 O.S. Supp.
16

17 2025, Section 2355), is amended to read as follows:
17

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

18

19 after December 31, 1998, and before January 1, 2006, a tax is hereby
19

20 imposed upon the Oklahoma taxable income of every resident or
20

21 nonresident individual, which tax shall be computed at the option of
21

22 the taxpayer under one of the two following methods:
22

23  1. METHOD 1.

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24

24

    Req. No. 3473                                              Page 1
1   a. Single individuals and married individuals filing

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2                  separately not deducting federal income tax:

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

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4                  (2) 1% tax on next $1,500.00 or part thereof,

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5                  (3) 2% tax on next $1,250.00 or part thereof,

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6                  (4) 3% tax on next $1,150.00 or part thereof,

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7                  (5) 4% tax on next $1,300.00 or part thereof,

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8                  (6) 5% tax on next $1,500.00 or part thereof,

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9                  (7) 6% tax on next $2,300.00 or part thereof, and

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

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11                 31, 1998, and before January 1, 2002, 6.75%

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12                 tax on the remainder,

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13                 (b) for taxable years beginning on or after

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14                 January 1, 2002, and before January 1, 2004,

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15                 7% tax on the remainder, and

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16                 (c) for taxable years beginning on or after

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

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18  b. Married individuals filing jointly and surviving

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19                 spouse to the extent and in the manner that a

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20                 surviving spouse is permitted to file a joint return

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21                 under the provisions of the Internal Revenue Code of

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22                 1986, as amended, and heads of households as defined

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23                 in the Internal Revenue Code of 1986, as amended, not

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24                 deducting federal income tax:

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    Req. No. 3473                                                 Page 2
1                  (1) 1/2% tax on first $2,000.00 or part thereof,

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

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

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

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

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

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

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

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

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10                 tax on the remainder,

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11                 (b) for taxable years beginning on or after

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

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13                 7% tax on the remainder, and

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14                 (c) for taxable years beginning on or after

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

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16  2. METHOD 2.

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17  a. Single individuals and married individuals filing

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18                 separately deducting federal income tax:

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

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

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

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

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

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

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    Req. No. 3473                                            Page 3
1                  (7) 6% tax on next $1,500.00 or part thereof,

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

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

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

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5   (11) 10% tax on the remainder.

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6   b. Married individuals filing jointly and surviving

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7                  spouse to the extent and in the manner that a

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8                  surviving spouse is permitted to file a joint return

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9                  under the provisions of the Internal Revenue Code of

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10                 1986, as amended, and heads of households as defined

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11                 in the Internal Revenue Code of 1986, as amended,

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12                 deducting federal income tax:

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13                 (1) 1/2% tax on the first $2,000.00 or part thereof,

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14                 (2) 1% tax on the next $3,000.00 or part thereof,

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15                 (3) 2% tax on the next $2,500.00 or part thereof,

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16                 (4) 3% tax on the next $1,400.00 or part thereof,

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17                 (5) 4% tax on the next $1,500.00 or part thereof,

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18                 (6) 5% tax on the next $1,600.00 or part thereof,

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19                 (7) 6% tax on the next $1,250.00 or part thereof,

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20                 (8) 7% tax on the next $1,750.00 or part thereof,

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21                 (9) 8% tax on the next $3,000.00 or part thereof,

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22  (10) 9% tax on the next $6,000.00 or part thereof, and

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23  (11) 10% tax on the remainder.

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24

24

    Req. No. 3473                                                 Page 4
1   B. Individuals. For all taxable years beginning on or after

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2 January 1, 2008, and ending any tax year which begins after December
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3 31, 2015, for which the determination required pursuant to Sections
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4 2355.1F and 2355.1G of this title is made by the State Board of
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5 Equalization, a tax is hereby imposed upon the Oklahoma taxable
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6 income of every resident or nonresident individual, which tax shall
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7 be computed as follows:
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8   1. Single individuals and married individuals filing

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9 separately:
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10  (a) 1/2% tax on first $1,000.00 or part thereof,

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

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

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

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

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

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

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17                 any subsequent tax year unless the rate prescribed by

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

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

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20                 tax years. The decrease in the top marginal

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21                 individual income tax rate otherwise authorized by

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22                 this subparagraph shall be contingent upon the

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23                 determination required to be made by the State Board

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24

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    Req. No. 3473                                               Page 5
1                  of Equalization pursuant to Section 2355.1A of this

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2                  title.

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3   2. Married individuals filing jointly and surviving spouse to

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4 the extent and in the manner that a surviving spouse is permitted to
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5 file a joint return under the provisions of the Internal Revenue
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6 Code of 1986, as amended, and heads of households as defined in the
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7 Internal Revenue Code of 1986, as amended:
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8   (a) 1/2% tax on first $2,000.00 or part thereof,

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

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

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

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

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

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

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15                 any subsequent tax year unless the rate prescribed by

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

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

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18                 tax years. The decrease in the top marginal

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19                 individual income tax rate otherwise authorized by

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20                 this subparagraph shall be contingent upon the

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21                 determination required to be made by the State Board

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22                 of Equalization pursuant to Section 2355.1A of this

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23                 title.

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24

24

    Req. No. 3473                                               Page 6
1   C. Individuals. For tax years 2024 and 2025, a tax is hereby

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2 imposed upon the Oklahoma taxable income of every resident or
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3 nonresident individual, which tax shall be computed as follows:
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4   1. Single individuals and married individuals filing

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

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

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

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

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

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11  (f) 4.75% tax on the remainder.

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12  2. Married individuals filing jointly and surviving spouse to

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13 the extent and in the manner that a surviving spouse is permitted to
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14 file a joint return under the provisions of the Internal Revenue
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15 Code of 1986, as amended, and heads of households as defined in the
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16 Internal Revenue Code of 1986, as amended:
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17  (a) 0.25% tax on first $2,000.00 or part thereof,

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

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

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

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

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22  (f) 4.75% tax on the remainder.

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

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24 any taxpayer to arrive at taxable income.
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    Req. No. 3473                                         Page 7
1   D. Individuals. For tax year 2026 and for subsequent tax years

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2 subject to rate reductions as provided by subsection subsections E
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3 and L of this section, a tax is hereby imposed upon the Oklahoma
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4 taxable income of every resident or nonresident individual, which
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5 tax shall be computed as follows:
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6   1. Single individuals and married individuals filing

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7 separately:
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8   (a) 0% tax on first $3,750.00 or part thereof,

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9   (b) 2.5% tax on the next $1,150.00 or part thereof,

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10  (c) 3.5% tax on next $2,300.00 or part thereof, and

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11  (d) 4.5% tax on the remainder.

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12  2. Married individuals filing jointly and surviving spouse to

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13 the extent and in the manner that a surviving spouse is permitted to
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14 file a joint return under the provisions of the Internal Revenue
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15 Code of 1986, as amended, and heads of households as defined in the
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16 Internal Revenue Code of 1986, as amended:
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17  (a) 0% tax on first $7,500.00 or part thereof,

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18  (b) 2.5% tax on the next $2,300.00 or part thereof,

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19  (c) 3.5% tax on next $4,600.00 or part thereof, and

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20  (d) 4.5% tax on the remainder.

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

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22 any taxpayer to arrive at taxable income.
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23  E. As provided by subsection D of Section 34.103 of Title 62 of

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24 the Oklahoma Statutes, if the comparison year total collections
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    Req. No. 3473                                         Page 8
1 exceeds the base year total collections plus the income tax rate
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2 reduction threshold, as certified by the State Board of Equalization
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3 pursuant to paragraph 2 of subsection D of Section 34.103 of Title
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4 62 of the Oklahoma Statutes, the tax rates otherwise prescribed in
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5 paragraphs 1 and 2 of subsection D of this section shall each be
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6 reduced by twenty-five one-hundredths (0.25) of a percentage point
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7 (0.0025) until the applicable rate equals zero percent (0%). Each
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8 successive certification by the State Board of Equalization with
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9 respect to which the comparison year total collections exceeds the
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10 base year total collections plus the income tax rate reduction
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11 threshold, as determined by the State Board of Equalization as
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12 provided by subsection D of Section 34.103 of Title 62 of the
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13 Oklahoma Statutes, shall further reduce the individual income tax
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14 rates by twenty-five one-hundredths (0.25) of a percentage point
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15 (0.0025) until the applicable rate equals zero percent (0%). Any
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16 reduction in the income tax rates authorized by this section and by
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17 this act Sections 34.103 and 34.103A of Title 62 of the Oklahoma
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18 Statutes shall take effect on January 1 following the final
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19 certification by the State Board of Equalization, if any, made
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20 during its meeting in February each year.
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21  F. If a revenue failure is declared pursuant to the provisions

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22 of Section 34.49 of Title 62 of the Oklahoma Statutes prior to the
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23 end of the calendar year in which the Board makes a certification
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24 pursuant to paragraph 2 of subsection D of Section 34.103 of Title
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    Req. No. 3473                                               Page 9
1 62 of the Oklahoma Statutes, the reduction in tax rates, as
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2 otherwise provided for in this section, shall not occur until a
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3 subsequent certification is made by the State Board of Equalization
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4 pursuant to paragraph 2 of subsection D of Section 34.103 of Title
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5 62 of the Oklahoma Statutes.
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6   G. Nonresident aliens. In lieu of the rates set forth in

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7 subsection A above, there shall be imposed on nonresident aliens, as
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8 defined in the Internal Revenue Code of 1986, as amended, a tax of
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9 eight percent (8%) instead of thirty percent (30%) as used in the
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10 Internal Revenue Code of 1986, as amended, with respect to the
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11 Oklahoma taxable income of such nonresident aliens as determined
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12 under the provision of the Oklahoma Income Tax Act.
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13  Every payer of amounts covered by this subsection shall deduct

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14 and withhold from such amounts paid each payee an amount equal to
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15 eight percent (8%) thereof. Every payer required to deduct and
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16 withhold taxes under this subsection shall for each quarterly period
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17 on or before the last day of the month following the close of each
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18 such quarterly period, pay over the amount so withheld as taxes to
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19 the Oklahoma Tax Commission, and shall file a return with each such
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20 payment. Such return shall be in such form as the Tax Commission
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21 shall prescribe. Every payer required under this subsection to
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22 deduct and withhold a tax from a payee shall, as to the total
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23 amounts paid to each payee during the calendar year, furnish to such
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24 payee, on or before January 31 of the succeeding year, a written
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    Req. No. 3473                                       Page 10
1 statement showing the name of the payer, the name of the payee and
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2 the payee's Social Security account number, if any, the total amount
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3 paid subject to taxation, and the total amount deducted and withheld
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4 as tax and such other information as the Tax Commission may require.
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5 Any payer who fails to withhold or pay to the Tax Commission any
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6 sums herein required to be withheld or paid shall be personally and
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7 individually liable therefor to the State of Oklahoma.
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8   H. Corporations. For all taxable years beginning after

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9 December 31, 2021, a tax is hereby imposed upon the Oklahoma taxable
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10 income of every corporation doing business within this state or
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11 deriving income from sources within this state in an amount equal to
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12 four percent (4%) thereof.
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13  There shall be no additional Oklahoma income tax imposed on

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14 accumulated taxable income or on undistributed personal holding
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15 company income as those terms are defined in the Internal Revenue
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16 Code of 1986, as amended.
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17  I. Certain foreign corporations. In lieu of the tax imposed in

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18 the first paragraph of subsection G of this section, for all taxable
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19 years beginning after December 31, 2021, there shall be imposed on
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20 foreign corporations, as defined in the Internal Revenue Code of
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21 1986, as amended, a tax of four percent (4%) instead of thirty
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22 percent (30%) as used in the Internal Revenue Code of 1986, as
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23 amended, where such income is received from sources within this
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    Req. No. 3473                                         Page 11
1 state, in accordance with the provisions of the Internal Revenue
1

2 Code of 1986, as amended, and the Oklahoma Income Tax Act.
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3   Every payer of amounts covered by this subsection shall deduct

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4 and withhold from such amounts paid each payee an amount equal to
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5 four percent (4%) thereof. Every payer required to deduct and
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6 withhold taxes under this subsection shall for each quarterly period
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7 on or before the last day of the month following the close of each
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8 such quarterly period, pay over the amount so withheld as taxes to
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9 the Tax Commission, and shall file a return with each such payment.
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10 Such return shall be in such form as the Tax Commission shall
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11 prescribe. Every payer required under this subsection to deduct and
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12 withhold a tax from a payee shall, as to the total amounts paid to
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13 each payee during the calendar year, furnish to such payee, on or
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14 before January 31 of the succeeding year, a written statement
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15 showing the name of the payer, the name of the payee and the payee's
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16 Social Security account number, if any, the total amounts paid
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17 subject to taxation, the total amount deducted and withheld as tax,
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18 and such other information as the Tax Commission may require. Any
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19 payer who fails to withhold or pay to the Tax Commission any sums
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20 herein required to be withheld or paid shall be personally and
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21 individually liable therefor to the State of Oklahoma.
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22  J. Fiduciaries. A tax is hereby imposed upon the Oklahoma

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23 taxable income of every trust and estate at the same rates as are
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24 provided in subsections B through D of this section for single
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    Req. No. 3473                                             Page 12
1 individuals. Fiduciaries are not allowed a deduction for any
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2 federal income tax paid.
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3   K. Tax rate tables. For all taxable years beginning after

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4 December 31, 1991, in lieu of the tax imposed by subsections A
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5 through D of this section, as applicable there is hereby imposed for
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6 each taxable year on the taxable income of every individual, whose
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7 taxable income for such taxable year does not exceed the ceiling
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8 amount, a tax determined under tables, applicable to such taxable
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9 year which shall be prescribed by the Tax Commission and which shall
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10 be in such form as it determines appropriate. In the table so
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11 prescribed, the amounts of the tax shall be computed on the basis of
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12 the rates prescribed by subsections A through D of this section.
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13 For purposes of this subsection, the term "ceiling amount" means,
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14 with respect to any taxpayer, the amount determined by the Tax
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15 Commission for the tax rate category in which such taxpayer falls.
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16  L. 1. Beginning tax year 2027, in addition to any rate

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17 reductions provided for in subsection E of this section, if the
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18 comparison year total collections reported pursuant to the
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19 provisions of Section 34.103 of Title 62 of the Oklahoma Statutes
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20 for the December meeting of the State Board of Equalization
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21 immediately preceding the tax year exceed the comparison year total
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22 collections reported in the immediate preceding December meeting by
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23 at least Two Hundred Million Dollars ($200,000,000.00), the tax
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24 rates otherwise prescribed in paragraphs 1 and 2 of subsection D of
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    Req. No. 3473                                              Page 13
1 this section shall each be reduced by the following percentage
1

2 points until the applicable rate equals zero percent (0%):
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3   a. if the excess is at least Two Hundred Million Dollars

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4                  ($200,000,000.00) but less than Three Hundred Million

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5                  Dollars ($300,000,000.00), one hundred twenty-five

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6                  one-thousandths (0.125) of a percentage point,

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7   b. if the excess is at least Three Hundred Million

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8                  Dollars ($300,000,000.00) but less than Four Hundred

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9                  Million Dollars ($400,000,000.00), twenty-five one-

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10                 hundredths (0.25) of a percentage point,

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11  c. if the excess is at least Four Hundred Million Dollars

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12                 ($400,000,000.00) but less than Five Hundred Million

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13                 Dollars ($500,000,000.00), three hundred seventy-five

13

14                 one-thousandths (0.375) of a percentage point, and

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15  d. if the excess is at least Five Hundred Million Dollars

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16                 ($500,000,000.00), fifty one-hundredths (0.50) of a

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17                 percentage point.

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18  2. Any increment of comparison year total collections above the

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19 minimum thresholds provided pursuant to subparagraphs a through c of
19

20 paragraph 1 of this subsection that do not exceed the minimum
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21 threshold of the subsequent subparagraph, or any increment above the
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22 minimum threshold provided by subparagraph d of paragraph 1 of this
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23 subsection, shall be added to the comparison year total collections
23

24 certified in the subsequent December meeting of the State Board of
24

    Req. No. 3473                                             Page 14
1 Equalization for the purpose of calculating the rate reductions
1

2 required by this subsection.
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3   SECTION 2. This act shall become effective November 1, 2026.

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    Req. No. 3473                                     Page 15
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