Bill Text For SB0971 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 971                      By: Bullard                       |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to income tax credit; providing                 |
  |       credit for certain educational choice expenses and              |
 8|       qualifying educational expenses of dependents;                  |
  |       providing qualifications for certain credit; limiting           |
 9|       amount of credit claimed; making credit refundable              |
  |       under certain circumstance; prohibiting itemized                |
10|       deductions of expenses claimed as credit; defining              |
  |       terms; authorizing Oklahoma Tax Commission to require           |
11|       certain documentation; requiring promulgation of                |
  |       rules; prohibiting requirement that certain schools             |
12|       or organizations provide documents; providing for               |
  |       codification; and providing an effective date.                  |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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17|in the Oklahoma Statutes as Section 2357.43A of Title 68, unless       |
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18|there is created a duplication in numbering, reads as follows:         |
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19|    A.  For tax year 2024 and subsequent tax years, there shall be     |
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20|allowed for any taxpayer a credit against the tax imposed by Section   |
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21|2355 of Title 68 of the Oklahoma Statutes for educational choice       |
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22|expenses incurred during the tax year for taxpayers with a child       |
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23|who:                                                                   |
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24|    1.  Is eligible to be enrolled in a public school in this state;   |
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   Req. No. 321                                                    Page 1
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 1|    2.  Qualifies as the taxpayer's dependent for federal tax          |
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 2|purposes; and                                                          |
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 3|    3.  Is enrolled in a public, charter, private school, or private   |
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 4|educational program that can be used to satisfy the state's            |
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 5|compulsory school attendance requirements that is not affiliated       |
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 6|with the student's resident district, as determined by Section 1-113   |
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 7|of Title 70 of the Oklahoma Statutes.                                  |
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 8|    B.  For tax year 2024 and subsequent tax years, there shall be     |
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 9|allowed a credit against the tax imposed by Section 2355 of Title 68   |
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10|of the Oklahoma Statutes for qualifying educational expenses           |
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11|incurred during the tax year for any taxpayer that has a child who     |
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12|qualifies as the taxpayer's dependent for federal tax purposes and     |
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13|is eligible to be enrolled in a public school in this state.           |
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14|    C.  The maximum tax credit allowable for each taxable year, as     |
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15|provided for in subsections A and B of this subsection, shall be       |
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16|Three Thousand Five Hundred Dollars ($3,500.00) for each qualifying    |
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17|dependent.  If the credit provided for in subsection B and this        |
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18|subsection exceeds the tax imposed by Section 2355 of this title and   |
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19|the taxpayer qualifies for the Oklahoma Earned Income Tax Credit       |
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20|pursuant to Section 2357.43 of Title 68 of the Oklahoma Statutes,      |
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21|the excess amount shall be refunded to the taxpayer.                   |
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22|    D.  Amounts claimed under subsections A and B of this section      |
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23|shall not be itemized as deductions for the same tax year when         |
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24|computing Oklahoma taxable income.                                     |
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   Req. No. 321                                                    Page 2
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 1|    E.  As used in this section:                                       |
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 2|    1.  "Academic instruction" means instruction in reading,           |
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 3|writing, mathematics, science, history, art, music, geography,         |
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 4|civics, economics, literature, philosophy, religion, foreign           |
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 5|languages, and related subjects;                                       |
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 6|    2.  "Educational choice expenses" means tuition and fees for       |
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 7|enrollment of the child in a school or a private educational program   |
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 8|not affiliated with the public school district in which the            |
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 9|taxpayer's primary residence is located; and                           |
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10|    3.  "Qualifying educational expenses" include:                     |
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11|         a.    costs associated with activities at a school            |
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12|              including the cost of fees, clothing, and equipment      |
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13|              required to participate in athletic teams, musical       |
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14|              groups, clubs, or similar school activities for a        |
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15|              student being educated by other means, as provided in    |
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16|              subsection A of Section 10-105 of Title 70 of the        |
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17|              Oklahoma Statutes, in prekindergarten through grade      |
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18|              twelve directed by the parent or guardian, and           |
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19|         b.    costs associated with the provision of instruction by   |
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20|              other means in prekindergarten through grade twelve      |
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21|              directed by the parent or guardian including the cost    |
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22|              of computer equipment, software, online instruction,     |
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23|              cooperative educational programs, textbooks,             |
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   Req. No. 321                                                    Page 3
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 1|              workbooks, curricula, and other written materials used   |
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 2|              primarily for academic instruction.                      |
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 3|    F.  The Oklahoma Tax Commission may require the taxpayer to        |
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 4|submit with the tax return copies of receipts or similar financial     |
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 5|documentation as may be necessary to confirm the taxpayer's            |
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 6|statement of the allowable credit provided in subsections A and B of   |
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 7|this section.                                                          |
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 8|    G.  The Tax Commission shall promulgate rules and develop tax      |
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 9|forms, directions, and worksheets as necessary to effectuate the       |
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10|provisions of this section.  The rules shall modify the state tax      |
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11|forms, directions, and worksheets to provide a reasonably convenient   |
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12|way for taxpayers to claim a credit.                                   |
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13|    H.  The Tax Commission shall not require any school or other       |
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14|organization to provide documentation or otherwise act to verify       |
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15|claims for a credit provided in subsections A and B of this section.   |
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16|    SECTION 2.  This act shall become effective November 1, 2023.      |
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18|    59-1-321       QD        1/19/2023 1:04:11 PM                      |
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   Req. No. 321                                                    Page 4
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