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Captive Real Estate Investment Trusts
(Part 2, column B, line 5 or Part 4, line 2)
A captive real estate investment trust that is subject to federal income tax is required to add-back the dividends-paid
deduction otherwise allowed by federal law in computing net income. 68 OS Sec. 2358.
Indian Employment Exclusion
(Part 2, Column B, line 19 or Part 4, line 3)
All qualied wages equal to the federal Indian Employment Credit set forth in 26 U.S.C.A., Section 45A, shall be deducted
from taxable income. Deduct on the Oklahoma return an amount equal to the reduction of salaries and wages reported on
the federal return as a result of the Form 8845 “Indian Employment Credit”. The deduction allowed shall only be permitted
for the tax years in which the federal credit is allowed, even if not used in such year because of tax liability limitations.
Provide a copy of the federal return, Form 8845 and, if applicable, Form 3800.
Electing Pass-Through Entity
68 O.S. Sections 2355.1P-1 through 2355.1P-4
“Electing pass-through entity” means any PTE as dened in 68 OS Sec. 2355.1P-2(6) that has made an election pursuant
to 68 OS Sec. 2355.1P-4(F) to pay income tax as computed pursuant to 68 OS Sec. 2358.
Any PTE required to le an Oklahoma partnership income tax return or Oklahoma S corporation income tax return
may elect to become an electing PTE by ling Form 586 “Pass-Through Entity Election Form”. The election to become
an electing PTE has priority over and revokes any election to le a composite Oklahoma partnership return or the
requirement of a Subchapter S corporation to report and pay tax on behalf of a nonresident shareholder for the same tax
year. An election made by one PTE is not binding on any other PTE; each PTE must make its own election.
The election is binding until revoked by the PTE or by the OTC. Form 586 is also used by the PTE to revoke the election.
If the amount of tax required to be paid by the PTE pursuant to the provision of the Pass-Through Entity Tax Equity Act of
2019 is not paid when due, the OTC may revoke the PTE’s election effective for the rst year for which the tax is not paid.
If You Are the Electing PTE
Place an “X” in the “Electing PTE” box located at the top of Form 512-S, page 1. Use Form 587-PTE “Pass-Through Entity
Income Tax Supplement” to compute the electing PTE’s Oklahoma tax. Each member’s distributive share of the PTE’s
Oklahoma net entity income is multiplied by 5% for individual and trust members or 6% for corporate, S corporation and
partnership members. The total of which is the electing PTE’s tax. The electing PTE’s taxable income and tax are entered
on Form 512-S, Part 1, section One, lines 1 and 2b and 2c.
Oklahoma Net Entity Loss
If the PTE election results in a net entity loss for Oklahoma income tax purposes in any tax year, the net entity loss may
be carried back and carried forward by the electing PTE for Oklahoma income tax purposes as set forth in 68 OS Sec.
2358(A)(3)(b). The electing PTE’s net entity loss equal to the percentage of ownership reported in each part is entered on
Form 587-PTE, Part 1, line 18, or Part 2, line 18.
If You Are a Member of an Electing PTE
(Part 2, column B, line 5, or Part 4, line 6)
If you are a member, either directly or indirectly, of an electing PTE you may exclude the Oklahoma income (loss) covered
by the election pursuant to the provisions of the Pass-Through Entity Act of 2019. Attach a schedule listing the electing
PTE, federal identication number, federal taxable income (loss) and Oklahoma taxable income (loss) in line 1 that is
covered by the election pursuant to this Act. Provide a copy of the OTC acknowledgement letter. 68 OS Sec. 2358(A)(11).
PART 2
To compute Oklahoma net distributable income, all S corporations start with Part 2.
Lines 1-21, Column A
Part 2, column A must be completed by all S corporations. List exact gures as reported on the front page of your Federal
Form 1120-S.
Lines 1-21, Column B
Part 2, column B is to be used by S corporations deriving all of their income from within Oklahoma. This column is also
to be used by all S corporations whose business, both within and without Oklahoma, is oil and gas production, mining,
farming, income from other pass-throughs or rental. This should be completed using the direct accounting method. S
corporations conducting business of a unitary nature do not complete column B.
Rents and interest expenses paid to a captive real estate investment trust and deducted on your federal return must be
added back on column B, line 5 to compute Oklahoma distributable income. Such add-back is not required if the captive
real estate investment trust is subject to the add-back for the dividends-paid deduction. See the “Captive Real Estate
Investment Trusts” section.
2021 OKLAHOMA SMALL BUSINESS CORPORATION TAX PACKET