Oklahoma § 68-2368 - Persons required to make returns - Income of estates and

§ 68-2368. Persons required to make returns - Income of estates and

trusts - Income of partnerships - Returns by corporations - Time for

returns - Verification of returns - Form of returns.

A. For tax years ending before January 1, 2017, the following

individuals shall each make a return stating specifically the

taxable income and, where necessary, the adjusted gross income and

Oklahoma Statutes - Title 68. Revenue and Taxation

the adjustments provided in Section 2351 et seq. of this title to

arrive at Oklahoma taxable income and, where necessary, Oklahoma

adjusted gross income:

1. Every resident individual having a gross income, or gross

receipts, for the taxable year in an amount sufficient to require

the filing of a federal income tax return, if single, or if married

and not living with husband or wife; and

2. Except as otherwise provided for in the Pass-Through Entity

Tax Equity Act of 2019, every resident individual having a gross

income, or gross receipts, for the taxable year in an amount

sufficient to require the filing of a federal income tax return, if

married and living with husband or wife.

Provided however, every resident individual who does not meet

the requirements sufficient to file a federal return, but has

Oklahoma withholding, may file a claim for refund for all Oklahoma

income taxes withheld and shall not be subject to the provisions of

Section 2358 of this title; and

3. Every nonresident individual having Oklahoma gross income

for the taxable year of One Thousand Dollars ($1,000.00) or more.

B. If a husband and wife, living together, have an aggregate

gross income or gross receipts, for such year, in an amount

sufficient to require the filing of a federal income tax return:

1. Each shall make a return; or

2. The income of each shall be included in a single joint

return, in which case the tax shall be computed on the aggregate net

income.

C. 1. For tax years beginning on or after January 1, 2017,

every resident individual whose gross income from both within and

outside of Oklahoma exceeds the sum of the standard deduction and

personal exemption allowed in Section 2358 of this title shall file

an Oklahoma income tax return. Resident individuals not required to

file a federal income tax return must attach a completed federal

income tax return to the Oklahoma income tax return to show how

adjusted gross income and deductions were determined, if their gross

income is more than their adjusted gross income. The Oklahoma

income tax return must show the taxable income and, where necessary,

the adjusted gross income and modifications required by Section 2351

et seq. of this title, and any other information the Tax Commission

may require.

2. Except as otherwise provided for in the Pass-Through Entity

Tax Equity Act of 2019, every nonresident individual having Oklahoma

gross income for the taxable year of One Thousand Dollars

($1,000.00) or more shall file an Oklahoma income tax return.

D. If an individual is unable to make his or her own return,

the return shall be made by a duly authorized agent or by the

guardian or other person charged with the care of the person or

property of such individual.

Oklahoma Statutes - Title 68. Revenue and Taxation

E. Every partnership shall make a return for each taxable year,

stating the taxable income and the adjustments to arrive at Oklahoma

income. The Oklahoma return shall include a schedule showing the

distribution to partners of the various items of income as per the

federal return and the adjustments required by Section 2351 et seq.

of this title for Oklahoma. The return shall be signed by one of

the partners. Except for partnerships making an election pursuant

to the provisions of the Pass-Through Entity Tax Equity Act of 2019,

if a partnership has elected pursuant to the provisions of Section

761 of the Internal Revenue Code, or any provision comparable

thereto, not to file partnership income tax returns, that

partnership shall not be required to file an Oklahoma partnership

return. The Oklahoma Tax Commission shall promulgate rules for

purposes of partnership returns when multiple partners would

otherwise be required to file a nonresident return. The rules shall

provide a specific number of partners in a partnership above which a

composite return may be filed. The return shall be in such form as

prescribed by the Tax Commission.

F. Every corporation shall make a return for each taxable year

stating the taxable income and the adjustments provided in Section

2351 et seq. of this title to arrive at Oklahoma taxable income. In

addition, corporations electing subchapter S treatment pursuant to

the Internal Revenue Code and Section 2351 et seq. of this title,

shall include a schedule showing the distribution to shareholders of

the various items of income as per the federal return and the

adjustments for Oklahoma. All corporation returns shall be signed

by the president, vice president, or other principal officer and the

corporate seal impressed. In cases where receivers, trustees in

bankruptcy, or assignees are operating the property or business of

corporations, such receivers, trustees, or assignees shall make a

return for such corporations in the same manner and form as

corporations are required to make returns. Any tax due on the basis

of such returns made by receivers, trustees, or assignees shall be

collected in the same manner as if collected from the corporations

of whose business or property they have custody and control.

G. Every resident estate and trust shall make a return for each

taxable year stating the taxable income and the adjustments to

arrive at Oklahoma taxable income. Every nonresident estate or

trust having Oklahoma taxable income as provided in Section 2362 of

this title shall make a return for each taxable year stating the

taxable income and the adjustments to arrive at Oklahoma taxable

income. The Oklahoma return shall include a schedule showing the

distribution to beneficiaries, if any, of the various items of

income as per the federal return and the adjustments for Oklahoma.

The fiduciary shall be responsible for making the return and the

return shall be signed by the fiduciary, or by one fiduciary if

there is more than one. The Tax Commission shall promulgate rules

Oklahoma Statutes - Title 68. Revenue and Taxation

for purposes of estate and trust returns when multiple returns would

otherwise be required of nonresident beneficiaries of estates or

trusts. The return shall be in such form as prescribed by the Tax

Commission.

H. 1. All individual returns, except individual returns filed

electronically, made on the basis of the calendar year shall be due

on or before the fifteenth day of April following the close of the

taxable year. Provided, if the Internal Revenue Code provides for a

later due date for returns of individuals, the Tax Commission shall

accept returns filed by individuals by such date and such returns

shall be considered as timely filed.

2. All individual returns filed electronically, made on the

basis of the calendar year, shall be due on or before the twentieth

day of April following the close of the taxable year.

3. All individual returns made on the basis of a fiscal year

shall be due on or before the fifteenth day of the fourth month

following the close of the fiscal year.

4. For tax years beginning before January 1, 2016, calendar

year corporation returns shall be due on or before the fifteenth day

of March following the close of the taxable year. For tax years

beginning on or after January 1, 2016, calendar year corporation

returns shall be due no later than thirty (30) days after the due

date established under the Internal Revenue Code.

5. For tax years beginning before January 1, 2016, fiscal year

corporation returns shall be due on or before the fifteenth day of

the third month following the close of the fiscal year. For tax

years beginning on or after January 1, 2016, fiscal year corporation

returns shall be due no later than thirty (30) days after the due

date established under the Internal Revenue Code.

6. For tax years beginning before January 1, 2016, partnership

returns shall be due on or before the fifteenth day of April

following the close of the taxable year. For tax years beginning on

or after January 1, 2016, partnership returns shall be due no later

than thirty (30) days after the due date established under the

Internal Revenue Code.

7. All estate and trust returns made on the basis of the

calendar year shall be due on or before the fifteenth day of April

following the close of the taxable year. All estate and trust

returns made on the basis of a fiscal year shall be due on or before

the fifteenth day of the fourth month following the close of the

fiscal year.

8. In the case of complete liquidation, or the dissolution, of

a corporation the return of such corporation shall be made on or

before the fifteenth day of the fourth month following the month in

which the corporation is completely liquidated. A corporation which

has terminated its business activities, satisfied or made provision

for all of its liabilities or has distributed all of its assets,

Oklahoma Statutes - Title 68. Revenue and Taxation

even though not formally dissolved under state law, is deemed to

have completely liquidated for purposes of this subsection.

9. The Tax Commission may also provide a later due date for

returns of individuals, calendar year corporations, fiscal year

corporations, partnership returns, estate and trust returns, or

estimated tax payments as provided in Section 2385.9 of this title

if a state of emergency is declared by the Governor or upon

declaration by the Internal Revenue Service to postpone certain tax

filing and tax payment deadlines in disaster areas.

I. Returns by individuals, fiduciaries, partnerships,

corporations or any other person or entity required, or that may

hereafter be required to file a return, shall contain or be verified

by a written declaration that such return is made under the

penalties of perjury and the fact that any individual's name is

signed to a filed return shall be prima facie evidence for all

purposes that the return was actually signed by that individual.

Provided, the Tax Commission shall promulgate rules to provide

procedures for verification of signatures on returns which are filed

electronically.

J. Every return required by Section 2351 et seq. of this title

shall be in such form as the Tax Commission may, from time to time,

prescribe. Each return shall be filed with the Tax Commission and

forms shall be furnished by the Tax Commission on application

therefor, but failure to secure or receive the form of a return

prescribed shall not relieve any taxpayer from the obligation of

making and filing any return herein required.

K. For tax years ending after January 1, 2017, if a taxpayer

elects to make installment payments of tax due pursuant to the

provisions of subsection (h) of Section 965 of the Internal Revenue

Code, 26 U.S.C., Section 965, such election may also apply to the

payment of Oklahoma income tax, attributable to the income upon

which such installment payments are based.

Added by Laws 1971, c. 137, § 18, emerg. eff. May 11, 1971. Amended

by Laws 1971, H.J.R. No. 1026, p. 1041, § 2, emerg. eff. June 22,

1971; Laws 1972, c. 252, § 4, emerg. eff. April 7, 1972; Laws 1983,

c. 13, § 5, emerg. eff. March 23, 1983; Laws 1983, c. 275, § 11,

emerg. eff. June 24, 1983; Laws 1988, c. 204, § 14, operative July

1, 1988; Laws 1989, c. 249, § 32, eff. July 1, 1989; Laws 1993, c.

273, § 6, eff. Sept. 1, 1993; Laws 2002, c. 458, § 12, emerg. eff.

June 5, 2002; Laws 2007, c. 155, § 12, eff. Nov. 1, 2007; Laws 2016,

c. 28, § 2, eff. July 1, 2016; Laws 2017, c. 235, § 2, eff. Jan. 1,

2017; Laws 2018, c. 225, § 1; Laws 2019, c. 201, § 7, emerg. eff.

April 29, 2019; Laws 2021, c. 436, § 2, emerg. eff. May 7, 2021.