Oklahoma § 68-2385.16 - Deposit of payments - Refunds - Method of refunds

§ 68-2385.16. Deposit of payments - Refunds - Method of refunds

A. All payments received by the Oklahoma Tax Commission

transmitted by employers for taxes withheld from employees and all

payments received by the Tax Commission from taxpayers as herein

provided shall be deposited with the State Treasurer in the Tax

Commission's Official Depository Clearing Account and be designated

Income Tax Withholding Funds. These funds shall be under the

exclusive control of the Tax Commission. The Tax Commission is

empowered and directed each month to transfer the amount thereof

which the Tax Commission estimates to be necessary to make tax

refunds to a separate account designated as the Income Tax

Withholding Refund Account, and to make apportionments from such

funds remaining in the Official Depository Clearing Account, of the

amount it considers available for distribution as income taxes

collected. The Tax Commission shall maintain a balance in the

refund account sufficient to cover anticipated tax refunds.

All warrants drawn against such refund account as provided in

the preceding subsection which are not presented for payment within

ninety (90) days of issuance thereof shall be void.

Persons entitled to refunds of monies represented by warrants

which are not presented for payment within ninety (90) days from the

date of issuance thereof may file claims for refund at any time

within three (3) years from the due date of the return. Such claims

shall be filed and paid under the provisions of Section 2373 of this

Code, and if allowed shall be paid under the provisions of such

section. An income tax refund warrant which was not presented for

payment within ninety (90) days from the date of issuance or

reissued for a like amount up to three (3) years from the date of

issuance of the original warrant shall be subject to reporting and

Oklahoma Statutes - Title 68. Revenue and Taxation

remittance to the Oklahoma State Treasurer pursuant to the Uniform

Unclaimed Property Act.

B. Neither the Tax Commission nor any member or employee

thereof shall be held personally liable for making any refund by

reason of a fraudulent withholding certificate being used as a basis

for such refund.

C. The Oklahoma Tax Commission may use a direct deposit system

and card-based disbursement system in lieu of checks or warrants for

the purposes of issuing refunds for overpayment of individual income

taxes. Notwithstanding the provisions of Section 205 of this title,

the Tax Commission may enter into a contract with, and release

taxpayer information to, entities deemed to be qualified by the Tax

Commission to implement the card-based disbursement system.

Added by Laws 1965, c. 530, § 2, emerg. eff. July 24, 1965.

Renumbered from § 2345 of this title by Laws 1971, c. 137, § 32,

emerg. eff. May 11, 1971. Amended by Laws 1985, c. 15, § 3, emerg.

eff. April 11, 1985; Laws 1988, c. 204, § 15, operative July 1,

1988; Laws 1992, c. 28, § 1, emerg. eff. April 2, 1992; Laws 2004,

c. 535, § 14, eff. Nov. 1, 2004; Laws 2011, c. 364, § 4; Laws 2020,

c. 140, § 1, emerg. eff. May 21, 2020.