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§68-2357.
§68-2357.
A. The withheld taxes and estimated taxes paid shall be allowed as
credits as provided by law.
B. 1. There shall be allowed as a credit against the tax imposed by
Section 2355 of this title the amount of tax paid another state by a
resident individual, as defined in paragraph 4 of Section 2353 of this
title, upon income received as compensation for personal services in
such other state; provided, such credit shall not be allowed with
respect to any income specified in Section 114 of Title 4 of the
United States Code, 4 U.S.C., Section 114, upon which a state is
prohibited from imposing an income tax. The credit shall not exceed
such proportion of the tax payable under Section 2355 of this title as
the compensation for personal services subject to tax in the other
state and also taxable under Section 2355 of this title bears to the
Oklahoma adjusted gross income as defined in paragraph 13 of Section
2353 of this title.
2. For tax years beginning after December 31, 1975, there shall be
allowed to a resident individual or part-year resident individual or
nonresident individual member of the Armed Forces as a credit against
the tax imposed by Section 2355 of this title twenty percent (20%) of
the credit for child care expenses allowed under the Internal Revenue
Code of the United States. The credit shall not exceed the tax imposed
by Section 2355 of this title. The maximum child care credit allowable
on the Oklahoma income tax return shall be prorated on the ratio that
Oklahoma adjusted gross income bears to the federal adjusted gross
income.
C. 1. Every taxpayer who operates a manufacturing establishment in the
state shall be allowed a direct credit against income taxes owed by
such taxpayer to the state, the amount of which credit shall be
proportioned to the amount of gas used or consumed in Oklahoma by such
taxpayer in the operation of a manufacturing establishment, at a rate
of three (3) mills per thousand (1,000) cubic feet of gas used or
consumed after May 1, 1971, and during each taxable year of such
taxpayer provided that the credit allowed herein shall not apply to
the first twenty-five thousand (25,000) MCF of gas used or gas used to
generate electricity or consumed after May 1, 1971, and during each
taxable year of such taxpayer.
2. As used in this subsection:
a. "manufacturing establishment" means a plant or establishment which
engages in the business of working raw materials into wares suitable
for use or which gives new shapes, new qualities or new combinations
to matter which has already gone through some artificial process,
b. "gas used or consumed" shall include all natural or casinghead gas
used in the operation of the manufacturing establishment for whatever
purposes, but shall not include the following:
(1) gas which, after being severed from the earth, is subsequently
injected into a formation in the state for the purpose of storing,
recycling, repressuring or pressure maintenance,
(2) gas vented or flared directly into the atmosphere,
(3) gas used for fuel in connection with the operation and development
for or production of oil or gas in the field where produced, and
(4) gas, any part of which is resold by the manufacturing
establishment, except as to that part and quantity of the gas which is
actually used by the establishment and not resold, and
c. "one thousand (1,000) cubic feet of gas" (MCF) means that quantity
of gas which, measured at a pressure of fifteen and twenty-five
thousandths (15.025) pounds per square inch absolute and at a
temperature of sixty-nine (69) degrees Fahrenheit, would have the
volume of one thousand (1,000) cubic feet.
D. No additions to tax shall be made in Oklahoma income tax returns by
reason of the recapture or restoration of credits under the Internal
Revenue Code, and no other credits against tax shall be allowed in
Oklahoma income tax returns except as follows:
1. Those credits provided in this section; and
2. Those credits authorized by Sections 921 through 925 of Title 82 of
the Oklahoma Statutes, or Sections 2001 through 2008 of Title 63 of
the Oklahoma Statutes, which have been, or may hereafter be, certified
pursuant to applications therefor made on or before March 22, 1971.
Provided, the total amount of the credits referred to in this
subparagraph to be taken by the taxpayer shall not exceed the
certified net investment cost of the facilities or processes to which
such credits pertain, reduced by the greater of:
a. the reduction in federal income tax of taxpayer as the result of
deducting depreciation on such facilities or processes, or deducting
nondepreciable costs for which credit has been so certified, or
b. the increase in the amount of Oklahoma income tax that would result
if taxable income were increased by the amount deducted as set forth
in subparagraph a of this paragraph.
And, provided further, that, after such credits have been exhausted,
taxpayer shall each year thereafter adjust taxable income by adding
any depreciation taken on such facilities or processes, or any
nondepreciable costs having been included in the net investment cost
allowed as credit, and which depreciation or costs have been allowed
as a deduction in arriving at federal taxable income for such year.
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