§68-2353.

§68-2353.
   
   For the purpose of and when used in this article unless the context
   otherwise requires:
   
   1. The term "Tax Commission" means the Oklahoma Tax Commission;
   
   2. "Internal Revenue Code" means the United States Internal Revenue
   Code, as the same may be amended or adopted from time to time
   applicable to the taxable year; and other provisions of the laws of
   the United States relating to federal income taxes, as the same may be
   or become effective at any time or from time to time applicable to the
   taxable year;
   
   3. Any term used in this act shall have the same meaning as when used
   in a comparable context in the Internal Revenue Code, unless a
   different meaning is clearly required. For all taxable periods covered
   by this act, the tax status and all elections of all taxpayers covered
   by this act shall be the same for all purposes material hereto as they
   are for federal income tax purposes except when this act specifically
   provides otherwise;
   
   4. "Resident individual" means a natural person who is domiciled in
   this state, and any other natural person who spends in the aggregate
   more than seven (7) months of the taxable year within this state shall
   be presumed to be a resident for purposes of this act in absence of
   proof to the contrary. A natural person who resides less than seven
   (7) months of the taxable year within this state is presumed to be a
   "part-year resident individual" for purposes of the Oklahoma Income
   Tax Code, Section 2351 et seq. of this title, in absence of proof to
   the contrary. A "nonresident individual" means an individual other
   than a resident individual or a part-year resident individual.
   
   For all tax years beginning after December 31, 1981, a nonresident
   individual, with respect to foreign earned income and deductions,
   shall include an individual who:
   
   a. during any period of twenty-four (24) consecutive months is out of
   the United States at least five hundred fifty (550) days,
   
   b. during such period referred to in subparagraph a is not present in
   this state for more than ninety (90) days during any taxable year,
   
   c. during any period of less than an entire taxable year, which period
   is contained within the period referred to in subparagraph a, is not
   present in this state for a number of days in excess of an amount
   which bears the same ratio to ninety (90) days as the number of days
   contained in the period of less than an entire taxable year bears to
   three hundred sixty-five (365), and
   
   d. during such period referred to in subparagraph a does not maintain
   a permanent place of abode in this state at which the spouse of the
   individual, unless such spouse is legally separated, or minor children
   of the individual are present for more than one hundred eighty (180)
   days;
   
   5. "Resident estate" means the estate of a decedent who at his death
   was domiciled in this state. "Nonresident estate" means an estate
   other than a resident estate;
   
   6. "Resident trust" means (a) a trust, or a portion of a trust,
   consisting of property transferred by will of a decedent domiciled in
   this state at his death, or (b) a trust, or a portion of a trust,
   consisting of the property of a person domiciled in this state if such
   trust is not irrevocable and (c) a trust, or portion of a trust,
   consisting of property of a person domiciled in this state at the time
   such property was transferred to the trust if such trust or portion
   was then irrevocable or a person domiciled in this state at the time
   such trust or portion became irrevocable. A trust, or portion of a
   trust, is irrevocable if it is not subject to a power exercisable
   solely by the transferor of such property, at any time, to revest
   title in himself. "Nonresident trust" means a trust other than a
   resident trust;
   
   7. "Resident partner" means a partner who is a resident individual, a
   resident estate, a resident trust or a resident corporation.
   "Nonresident partner" means a partner other than a resident partner;
   
   8. "Resident beneficiary" means a beneficiary of an estate or trust
   which beneficiary is a resident individual, a resident estate, a
   resident trust or a resident corporation. "Nonresident beneficiary"
   means a beneficiary other than a resident beneficiary;
   
   9. "Resident corporation" means a corporation whose principal place of
   business is located within the State of Oklahoma. "Nonresident
   corporation" means any corporation other than a resident corporation;
   
   10. "Taxable income" with respect to any taxpayer means the "taxable
   income", "life insurance company taxable income", "mutual insurance
   company taxable income", "(regulated) investment company taxable
   income", "real estate investment trust taxable income", and
   "cooperatives' taxable income" and any other "taxable income" as
   defined in the Internal Revenue Code as applies to such taxpayer or
   any other income of such taxpayer including, but not limited to, lump
   sum distributions as defined by the Internal Revenue Code of 1986, as
   amended; provided, in the case of income derived from oil and gas well
   production, any taxpayer, at his or her option, may deduct as an
   allowance for depletion, in lieu of other calculation of depletion
   based on the cost of the oil and gas deposit, twenty-two percent (22%)
   of the gross income derived from the properties during the taxable
   year. Provided further, for tax years beginning on or after January 1,
   1997, and ending on or before December 31, 1999, for major oil
   companies as defined in Section 288.2 of Title 52 of the Oklahoma
   Statutes, such allowance shall not exceed fifty percent (50%) of the
   net income of the taxpayer (computed without allowance for depletion)
   from the property. Thereafter, for all taxpayers, such allowance shall
   not exceed fifty percent (50%) of the net income of the taxpayer
   (computed without allowance for depletion) from the property. If a
   depletion allowance is allowed as a deduction in arriving at the
   adjusted gross income in the case of an individual, or taxable income
   for corporations and trusts, or distributable income of partnerships
   by the Internal Revenue Service, the percentage depletion so
   calculated shall in no event be a duplication of depletion allowed on
   the Federal Income Tax Return;
   
   11. "Adjusted gross income" means "adjusted gross income" as defined
   in the Internal Revenue Code;
   
   12. "Oklahoma taxable income" means "taxable income" as reported (or
   as would have been reported by the taxpayer had a return been filed)
   to the federal government, and in the event of adjustments thereto by
   the federal government as finally ascertained under the Internal
   Revenue Code, adjusted further as hereinafter provided;
   
   13. "Oklahoma adjusted gross income" means "adjusted gross income" as
   reported to the federal government (or as would have been reported by
   the taxpayer had a return been filed), or in the event of adjustments
   thereby by the federal government as finally ascertained under the
   Internal Revenue Code, adjusted further as hereinafter provided;
   
   14. "State" means any state of the United States, the District of
   Columbia, the Commonwealth of Puerto Rico, any territory or possession
   of the United States or any political subdivision thereof; and
   
   15. "Taxpayer" means any person subject to a tax imposed by this
   Article, or whose income is, in whole or in part, subject to a tax
   imposed by any provision of this article.