GENERAL FILING INFORMATION: INCOME TAX
4
Banks and Credit Unions
State and national banks and state credit unions are
subject to an “In Lieu” tax. See 68 OS Sec. 2370. When
reporting income on Part 1, line(s) 5 and/or 6b, please
furnish a detailed schedule of the interest income by
source and amount. Expense deductions claimed in ar-
riving at taxable income shall be reduced by an amount
equal to 50% of excluded interest income on obligations
of the United States government or agencies thereof
and obligations of the State of Oklahoma or political
subdivisions thereof.
Real Estate Investment Trusts
A real estate investment trust that does not become
regularly traded on an established securities market
within one year of the date on which it rst becomes
a real estate investment trust shall be deemed not to
have been regularly traded on an established securi-
ties market, retroactive to the date it rst became a
real estate investment trust. An amended return shall
be led reecting such retroactive designation for any
tax year or part year occurring during its initial year of
status as a real estate investment trust. For purposes of
this paragraph, a real estate investment trust becomes
a real estate investment trust on the rst day it has met
the requirements of Section 856 of the Internal Revenue
Code (IRC) and has elected to be treated as a real es-
tate investment trust pursuant to IRC Section 856(c)(1).
68 OS Sec. 2358.
Oklahoma Net Operating Loss Deduction
Notice: The amount of any net operating loss deduc-
tion claimed on Part 1, line 29a or Part 2, line 6e, must
also be entered on the front of Form 512 in the space
provided at the top of the form. There is also a space
provided to enter the loss year(s).
The amount of any federal net operating loss deduction
shall be adjusted as follows:
The amount of any net operating loss deduction allowed
for the taxable year shall be an amount equal to the ag-
gregate of the Oklahoma net operating loss carryovers
and carrybacks to such year. Oklahoma net operating
losses shall be separately determined by reference to IRC
Section 172 as modied by the Oklahoma Income Tax
Act and shall be allowed without regard to the existence
of a federal net operating loss. For tax years 1996-2000,
net operating losses may not be carried back but may
be carried forward for a period of time not to exceed
15 years. For tax years 2001 – 2007 and tax years 2009
and subsequent, the years to which such losses may
be carried shall be determined solely by reference to
IRC Section 172. For tax year 2008, years to which such
losses may be carried back shall be limited to two years.
No carryback is allowed for losses arising in tax years be-
ginning after December 31, 2017, except as provided for
in IRC Section 172. 68 OS Sec. 2358 (A)(3).
Oklahoma Net Operating Loss Deduction (continued)
A detailed schedule must be furnished for any net oper-
ating loss carried forward to the current tax year.
An election may be made to forego the carryback
period. A written statement of the election must be part
of the original timely led Oklahoma loss-year return. If
the corporation timely led its return for the loss-year
without making the election, it may make the election on
an amended return led within 6 months of the due date
of the loss year return (excluding extensions). Attach the
election to the amended return. Once made, the elec-
tion is irrevocable.
GENERAL INFORMATION: FRANCHISE TAX
Requirement for Filing a Franchise Tax Return
All foreign (non-Oklahoma) corporations, including
non-prots, must pay an annual registered agent fee of
$100.00. Indicate this amount on Line 13 of the Form
512, page 6.
The maximum annual franchise tax is $20,000.00. Cor-
porations that remitted the maximum amount of fran-
chise tax for the preceding tax year do not qualify to le
a combined income and franchise tax return. For these
corporations their franchise tax is due and payable on
May 1st of each year, and delinquent if not paid on or
before June 1st.
If a taxpayer computes the franchise tax due and deter-
mines that it amounts to $250.00 or less, the taxpayer is
exempt from the tax and a “no tax due” form is required
to be led. A schedule of corporate ofcers must still be
led and, for foreign corporations, the $100.00 regis-
tered agents fee is still due.
If the charter or other instrument is suspended, a fee
of $150.00 is required for reinstatement. (See Line 16 -
Reinstatement Fee on page 12.)
Franchise Tax Computation
The basis for computing Oklahoma franchise tax is the
balance sheet as shown by your books of account at
the close of the last preceding income tax accounting
year, or electing to change ling to match the due date
of the corporate income tax, the balance sheet for that
corporate tax year.
The franchise tax for corporations doing business both
within and outside of Oklahoma, is computed on the
proportion to which property owned, or property owned
and business done, within Oklahoma, bears to total
property owned, or total property owned and total busi-
ness done everywhere.
“Property owned” is the book value of the assets. For
the purpose of determining apportionment as between
Oklahoma and elsewhere, liabilities are not to be de-
ducted from gross assets.