Oklahoma § 68-2368.19 - Folds of Honor Scholarship Program – Donation from tax

§ 68-2368.19. Folds of Honor Scholarship Program – Donation from tax

refund.

A. Each state individual income tax return form for tax years

which begin after December 31, 2009, and each state corporate tax

return form for tax years beginning after December 31, 2009, shall

contain a provision to allow a donation from a tax refund for the

purpose of providing academic and vocational training scholarships

administered through the Folds of Honor Scholarship Program to

dependents of military servicemen and servicewomen who were either

killed or wounded in action due to military service in the war in

Iraq or Afghanistan where such program is administered through Folds

of Honor Incorporated, a nonprofit charitable organization exempt

from taxation pursuant to the provisions of the Internal Revenue

Code, 26 U.S.C., Section 501(c)(3). The provision to allow donation

shall read as follows:

Support of Folds of Honor Scholarship Program, a nonprofit

charitable organization providing academic and vocational training

scholarships to dependents of military servicemen and servicewomen

who were either killed or wounded in action due to military service

in the war in Iraq or Afghanistan. Check if you wish to donate from

your tax refund: ( ) $2, ( ) $5, or ( ) $____.

B. Except as otherwise provided for in this section, all monies

generated pursuant to subsection A of this section shall be paid to

the State Treasurer by the Oklahoma Tax Commission and placed to the

credit of the Income Tax Checkoff Revolving Fund for the Support of

the Folds of Honor Scholarship Program created in subsection C of

this section.

C. There is hereby created in the State Treasury a revolving

fund for the Military Department of the State of Oklahoma to be

designated the "Income Tax Checkoff Revolving Fund for the Support

of the Folds of Honor Scholarship Program". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies apportioned to the fund pursuant to the

provisions of this section. All monies accruing to the credit of

the fund are hereby appropriated and may be budgeted and expended by

the Military Department for the purpose of providing grants for

academic and vocational training scholarships administered through

the Folds of Honor Scholarship Program. Such monies shall be

apportioned as and in a manner specified by the Military Department.

Expenditures from the fund shall be made upon warrants issued by the

State Treasurer against claims filed as prescribed by law with the

Oklahoma Statutes - Title 68. Revenue and Taxation

Director of the Office of Management and Enterprise Services for

approval and payment.

D. If a taxpayer makes a donation pursuant to subsection A of

this section in error, such taxpayer may file a claim for refund at

any time within three (3) years from the due date of the tax return.

Such claims shall be filed pursuant to the provisions of Section

2373 of this title. Prior to the apportionment set forth in this

section, an amount equal to the total amount of refunds made

pursuant to this subsection during any one (1) year shall be

deducted from the total donations received pursuant to this section

during the following year and such amount deducted shall be paid to

the State Treasurer and placed to the credit of the Income Tax

Withholding Refund Account.

E. Pursuant to Section 2368.18 of this title, the income tax

checkoff contained in this section is hereby reauthorized effective

January 1, 2017.

Added by Laws 2009, c. 217, § 2, eff. Jan. 1, 2010. Amended by Laws

2012, c. 304, § 559; Laws 2017, c. 112, § 2, eff. Nov. 1, 2017.

NOTE: Editorially renumbered from § 2368.17 of Title 68 to avoid a

duplication in numbering.