Oklahoma § 68-3952 - Filing of claims — Verification process

§ 68-3952. Filing of claims — Verification process

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

calendar quarter following the start date, the establishment or

entity shall file a claim for the payment with the Oklahoma Tax

Commission and shall specify the actual number and gross payroll of

sports-league jobs for the establishment or entity for the calendar

quarter. The Tax Commission shall verify the actual gross payroll

for sports-league jobs for the establishment for such calendar

quarter. If the Tax Commission is not able to provide verification

utilizing all available resources, the Tax Commission may request

additional information from the establishment or entity as may be

necessary or may request the establishment to revise its claim. An

establishment or entity 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 or entity

from hiring the sports-league jobs as projected. If an

establishment or entity fails to file claims as required by this

section, it shall forfeit the right to receive any rebate payments

Oklahoma Statutes - Title 68. Revenue and Taxation

after one (1) year from the start date. If an establishment or

entity 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 Oklahoma

Department of Commerce, may dismiss the establishment from the

program, forfeiting the right of the establishment or entity to

receive rebate payments based on that contract.

B. If the actual verified gross payroll for four (4)

consecutive calendar quarters does not equal or exceed the

applicable total required by this act within three (3) years of the

start date, or does not equal or exceed the applicable total

required by Section 3604 of Title 68 of the Oklahoma Statutes at any

other time during the entire period after the start date for

establishments defined or classified in the NAICS Manual under U.S.

Industry No. 711211 (2007 version) and which are a professional

sports team from one of the five major sports leagues (NFL, NBA,

NHL, MLB, and MLS), the rebate payments shall not be made and shall

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

equals or exceeds the applicable amounts specified in Section 3604

of Title 68 of the Oklahoma Statutes. 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 rebate payments authorized pursuant to the Oklahoma

Five Major Sports Leagues Rebate Program Act for a period of twelve

(12) months from the last day of the last month of the three-year

period during which the required gross payroll amount was not

achieved.

C. In no event shall rebate payments cumulatively exceed the

estimated net direct state benefits or Ten Million Dollars

($10,000,000.00) in four (4) consecutive quarters.

D. As soon as practicable after verification of the actual

gross payroll as required by this section, the Tax 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 2024, c. 298, § 3, eff. Nov. 1, 2024.