Oklahoma § 68-3606 - Filing claim to receive incentive payment - Determination

§ 68-3606. Filing claim to receive incentive payment - Determination

- Payments.

A. As soon as practicable after the end of the first complete

calendar quarter following the start date, the establishment shall

file a claim for the payment with the Oklahoma Tax Commission and

shall specify the actual number and gross payroll of new direct jobs

for the establishment for the calendar quarter. The Tax Commission

shall verify the actual gross payroll for new direct jobs for the

establishment for such calendar quarter. If the Tax Commission is

not able to provide such verification utilizing all available

resources, the Tax Commission may request such additional

information from the establishment as may be necessary or may

request the establishment to revise its claim. An establishment may

file for an extension of the initial filing date with the Oklahoma

Department of Commerce. Any such extension shall be based solely

upon an extraordinary adverse business circumstance which prevented

the establishment from hiring the new direct jobs as projected. If

an establishment fails to file claims as required by this section,

it shall forfeit the right to receive any incentive payments after

three (3) years from the start date. If an establishment has filed

at least one claim pursuant to this section but fails to file

another claim within two (2) years of the most recent claim, the Tax

Commission, after consulting with the Department of Commerce, may

dismiss the establishment from the program, forfeiting the

establishment's right to receive incentive payments based on that

contract.

B. 1. Except as otherwise provided in paragraph 2 of this

subsection, if the actual verified gross payroll for four (4)

consecutive calendar quarters does not equal or exceed the

applicable total required by Section 3604 of this title within three

(3) years of the start date, or does not equal or exceed the

applicable total required by Section 3604 of this title at any other

time during the ten-year period after the start date or during the

thirty-year period after the start date for establishments defined

or classified in the NAICS Manual under U.S. Industry No. 711211

(2007 version), the incentive payments shall not be made and shall

not be resumed until such time as the actual verified gross payroll

equals or exceeds the amounts specified in Section 3604 of this

title. If an establishment fails to achieve the required gross

payroll within three (3) years of the start date, the establishment

shall not make a new or renewal application for incentive payments

authorized pursuant to the Oklahoma Quality Jobs Program Act for a

period of twelve (12) months from the last day of the last month of

Oklahoma Statutes - Title 68. Revenue and Taxation

the three-year period during which the required gross payroll amount

was not achieved.

2. Any establishment which does not meet the quarterly payroll

requirements provided pursuant to paragraph 1 of this subsection

during the time period which begins on April 1, 2020, and ends on

June 30, 2021, shall continue to receive incentive payments and

shall be exempt from the prescribed limitations.

C. If the average annualized wage required for an establishment

does not equal or exceed the amount specified in paragraph 1 or 2 of

subsection F of Section 3604 of this title during any calendar

quarter, the incentive payments shall not be made and shall not be

resumed until such time as such requirements are met.

D. In no event shall incentive payments, cumulatively, exceed

the estimated net direct state benefits, except for establishments

subject to the provisions of subparagraph d of paragraph 7 of

subsection A of Section 3603 of this title.

E. An establishment that has qualified pursuant to Section 3604

of this title may receive payments only in accordance with the

provisions of the law under which it initially applied and was

approved. If an establishment that is receiving incentive payments

expands, it may apply for additional incentive payments based on the

gross payroll anticipated from the expansion only, pursuant to

Section 3604 of this title. Provided, an establishment which has

suffered an extraordinary adverse business circumstance, as

certified by the Incentive Approval Committee, may be allowed to

voluntarily withdraw from the Oklahoma Quality Jobs Program, repay

to the Tax Commission the total amount of incentive payments

received pursuant to the provisions of this section, plus interest

at the rate specified in Section 727.1 of Title 12 of the Oklahoma

Statutes, and reapply to the Department for a new incentive contract

if the establishment qualifies pursuant to the provisions of the

Oklahoma Quality Jobs Program Act. Any funds received by the Tax

Commission pursuant to the provisions of this subsection shall be

apportioned in the manner that income tax revenues are apportioned.

F. An establishment that is receiving incentive payments may

not apply for additional incentive payments for any new projects

until twelve (12) quarters after receipt of the first incentive

payment, or until the establishment's actual verified gross payroll

for new direct jobs equals or exceeds Two Million Five Hundred

Thousand Dollars ($2,500,000.00) during any four consecutivecalendar-quarter period, whichever comes first. After meeting the

requirements of this subsection, an establishment may apply for

additional incentive payments based upon the gross payroll

anticipated from an expansion only.

G. As soon as practicable after verification of the actual

gross payroll as required by this section and except as otherwise

provided by subsection K of Section 3604 of this title, the Tax

Oklahoma Statutes - Title 68. Revenue and Taxation

Commission shall issue a warrant to the establishment in the amount

of the net benefit rate multiplied by the actual gross payroll as

determined pursuant to subsection A of this section for the calendar

quarter.

Added by Laws 1993, c. 275, § 6, eff. July 1, 1993. Amended by Laws

1995, c. 349, § 3, eff. July 1, 1995; Laws 1998, c. 379, § 3, eff.

July 1, 1998; Laws 2000, c. 275, § 3, eff. Jan. 1, 2001; Laws 2001,

c. 351, § 3, eff. Nov. 1, 2001; Laws 2004, c. 457, § 3, eff. July 1,

2004; Laws 2006, c. 282, § 2, eff. July 1, 2006; Laws 2007, c. 1, §

65, emerg. eff. Feb. 22, 2007; Laws 2007, c. 357, § 2, eff. July 1,

2007; Laws 2008, c. 35, § 3, emerg. eff. April 17, 2008; Laws 2008,

c. 406, § 6, eff. Nov. 1, 2008; Laws 2012, c. 308, § 2, eff. Nov. 1,

2012; Laws 2013, c. 378, § 3, eff. Nov. 1, 2013; Laws 2020, c. 138,

§ 1, emerg. eff. May 21, 2020; Laws 2023, c. 360, § 2, eff. Nov. 1,

2023; Laws 2023, 1st. Ex. Sess., c. 29, § 2, eff. Nov. 1, 2023.

NOTE: Laws 2006, c. 281, § 33 repealed by Laws 2007, c. 1, § 66,

emerg. eff. Feb. 22, 2007.

NOTE: Laws 2023, c. 360, § 2 and Laws 2023, 1st Ex. Sess., c. 29, §

2 made identical amendments.