Oklahoma § 68-2357.31 - Definitions - Tax credit

§ 68-2357.31. Definitions - Tax credit

A. As used in this section:

1. "Eligible employer" means a corporation, partnership or

proprietorship which:

a.

has done business in this state for at least one (1)

year,

b.

has not provided group health insurance within the

fifteen (15) months preceding the offer to purchase

group health insurance which meets the requirements of

this section to at least seventy-five percent (75%) of

its employees who are residents of this state and work

an average of twenty-four (24) hours or more a week

for said employer,

c.

offers the state-certified, basic health benefits plan

to all eligible employees who worked an average of

twenty-four (24) hours or more a week during the

calendar quarter preceding the purchase of the policy,

and

d.

pays fifty percent (50%) or more of the full cost of

the portion of the premium attributable to the

employee for which the employer is claiming credit;

2. "Eligible employee" means an employee, proprietor or partner

of the employer claiming the credit who:

a.

is a resident of this state,

b.

works an average of twenty-four (24) hours a week or

more for the employer, and

c.

was not covered by a group health insurance policy or

plan offered by the same employer within the fifteen

(15) months preceding the offer to purchase health

insurance which meets the requirements of this

section; and

3. "State-certified, basic health benefits plan" means the

basic health benefits plan developed and approved by the Oklahoma

Basic Health Benefits Board prior to July 1, 1995.

B. 1. For tax years beginning after December 31, 1990, there

shall be allowed to an eligible employer a credit against the tax

imposed by Section 2355 of this title for premiums paid on behalf of

each eligible employee who elects to participate in the statecertified, basic health benefits plan and meets the requirements of

this section. The credit shall be in the amount of Fifteen Dollars

($15.00) a month for each eligible employee and shall be allowed for

Oklahoma Statutes - Title 68. Revenue and Taxation

two (2) consecutive tax years. Provided, if the tax liability of an

employer pursuant to Section 2355 of this title is less than the

credit to which the employer is entitled pursuant to this section,

the Oklahoma Tax Commission shall pay a refund to the employer. The

refund shall equal the difference between the amount of taxes owed,

after any other credits or exemptions to which the employer is

entitled have been applied to the tax liability, and the credit to

which the employer is entitled pursuant to this section for the tax

year.

2. Tax credits or refunds may not be granted pursuant to the

provisions of this section to an employer who, prior to July 1,

1995, was not covered under a state-certified, basic health benefits

plan.

C. The credit shall not be granted unless the eligible employer

certifies to the Oklahoma Tax Commission that each employee for

which the credit is claimed is participating in the state-certified,

basic health benefits plan.

D. The Oklahoma Tax Commission shall develop and issue

appropriate forms and instructions to enable eligible employers to

claim the tax credit. The Commission shall promulgate rules to

facilitate the implementation of this section.

Added by Laws 1990, c. 338, § 8, eff. July 1, 1990. Amended by Laws

1991, c. 344, § 7, emerg. eff. June 15, 1991; Laws 1995, c. 355, §

3, eff. July 1, 1995; Laws 1997, c. 109, § 4, eff. Nov. 1, 1997.