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OK SB102

OK SB102
Income tax; excluding certain compensation to certain nonresidents; prohibiting requirement of employers to withhold taxes from certain compensation. Effective date.


summary

Introduced
02/03/2025
In Committee
02/23/2026
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to income tax; amending 68 O.S. 2021, Section 2362, which relates to nonresident taxable income; defining terms; excluding certain compensation of certain nonresidents; amending 68 O.S. 2021, Sections 2385.2 and 2385.3, as amended by Section 11, Chapter 113, O.S.L. 2023 (68 O.S. Supp. 2025, Section 2385.3), which relate to withholding; prohibiting requirement of employers to withhold taxes from certain compensation; prohibiting imposition of penalty and interest if certain conditions are met; updating statutory language; updating statutory references; and providing an effective date.

AI Summary

This bill modifies Oklahoma's income tax laws to provide relief for certain non-resident employees and their employers. Specifically, it amends existing statutes to exclude compensation paid to a nonresident individual from Oklahoma taxable income if they perform employment duties in the state for 30 days or fewer in a tax year and also worked in more than one state that year, with exceptions for professional athletes, entertainers, and public figures. The bill also clarifies that employers are generally not required to withhold state income taxes from this type of compensation, but they must withhold taxes for every day the employee works in the state if they exceed the 30-day threshold. Furthermore, it establishes conditions under which employers will not face penalties or interest for failing to withhold taxes from certain nonresident employee compensation, such as relying on a dedicated time and attendance system or specific employee records and statements, and defines what constitutes a "time and attendance system" for this purpose. This legislation is set to become effective on November 1, 2026.

Committee Categories

Budget and Finance

Sponsors (2)

Last Action

Referred to Appropriations (on 02/23/2026)

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