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OK SB306

OK SB306
Federal taxation; creating the Taxpayer Protection Act. Effective date.


summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to federal taxation; creating the Taxpayer Protection Act; providing short title; stating intent; creating the Federal Tax Fund; providing sources of funds; providing for disbursement of funds; providing for transfer of funds upon certain determination or vote of the Legislature; requiring taxpayers to remit certain federal forms to the Oklahoma Tax Commission; requiring the Tax Commission to review filings and file certain forms; requiring employers and individuals to make certain payment in lieu of withholding and estimated tax payments; requiring deposit of payments in certain revolving fund; declaring certain federal punishment null and void; limiting enforcement of certain penalties; requiring vote of Legislature upon imposition of federal sanctions; requiring officers of this state to implement certain provisions; authorizing the Governor to call special session of the Legislature; requiring the state to defend certain actions; providing for noncodification; providing for codification; and providing an effective date.

AI Summary

This bill establishes the Taxpayer Protection Act, a comprehensive legislative effort by Oklahoma to challenge federal taxation and assert state sovereignty. The bill creates a new Federal Tax Fund in the state treasury where all federal tax withholdings and payments will be collected, and requires Oklahoma employers and taxpayers to remit federal tax forms and payments to the Oklahoma Tax Commission instead of directly to the Internal Revenue Service (IRS). The legislation fundamentally argues that the federal tax system is unconstitutional, citing the Tenth Amendment and claiming the IRS improperly consolidates legislative, executive, and judicial powers. Under the bill, the Tax Commission will review tax filings, deposit funds into the new revolving fund, and ultimately file federal forms on behalf of taxpayers. Critically, the bill allows the state to cease quarterly disbursements to the U.S. Treasury if state officials determine that federal tax regulations are unconstitutional, with the Legislature having the power to vote on the constitutionality of any federal sanctions. The bill also nullifies any federal fines or penalties imposed for compliance with this act and mandates that state officers, including the Governor, must implement the law regardless of federal opposition. The Taxpayer Protection Act is set to become effective on November 1, 2025, representing a significant challenge to federal tax authority from the state of Oklahoma.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Second Reading referred to Revenue and Taxation Committee then to Appropriations Committee (on 02/04/2025)

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