Oklahoma § 68-4506 - Claims for incentive payments - Qualifications

§ 68-4506. Claims for incentive payments - Qualifications

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

calendar quarter following the start date, the proxy 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 of remote workers for the proxy establishment for the calendar

quarter. The Tax Commission shall verify the actual gross payroll

for new direct jobs for the proxy 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 proxy establishment

as may be necessary or may request the proxy establishment to revise

its claim. A proxy 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 proxy establishment from

attracting the remote workers in the new direct jobs as projected.

If a proxy establishment fails to file claims as required by this

section, it shall forfeit the right to receive any incentive

payments after two (2) 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. If the actual verified gross payroll for four (4)

consecutive calendar quarters does not equal or exceed the

applicable total required by Section 4 of this act within twelve

(12) months of the start date, or does not equal or exceed the

Oklahoma Statutes - Title 68. Revenue and Taxation

applicable total required by Section 4 of this act at any other time

during the ten-quarter period after the start date, 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 4 of this act. If a proxy establishment fails

to achieve the required gross payroll within twelve (12) months of

the start date, the proxy establishment shall not make a new or

renewal application for incentive payments authorized pursuant to

the Oklahoma Remote Quality Jobs Incentive Act for a period of

twelve (12) months from the last day of the last month of the tenquarter period during which the required gross payroll amount was

not achieved.

C. If the average annualized wage required for a proxy

establishment does not equal or exceed the amount specified in

paragraph 1 or 2 of subsection F of Section 3604 of Title 68 of the

Oklahoma Statutes 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 or exceed the cumulative

payments made by a proxy establishment to remote workers.

E. The proxy establishment shall be responsible for collecting

payroll statements or other such documentation of withholding taxes

paid to the State of Oklahoma from remote workers and shall submit

that information to the Oklahoma Tax Commission.

Added by Laws 2021, c. 225, § 6, eff. July 1, 2021.