Okla. Stat. tit. 68, § 68-3607: Eligibility of establishments receiving incentive

payments to receive certain tax credits and exemptions.

A. Notwithstanding any other provision of law, if a qualified

establishment receives an incentive payment pursuant to the

provisions of Section 3601 et seq. of this title, neither the

qualified establishment nor its contractors or subcontractors shall

be eligible to receive the credits or exemptions provided for in the

following provisions of law in connection with the activity for

which the incentive payment was received:

1. Paragraphs 16 and 17 of Section 1357 of this title;

2. Paragraph 7 of Section 1359 of this title;

3. Section 2357.4 of this title; except as provided in

subsection B of this section;

4. Section 2357.7 of this title;

5. Section 2-11-303 of Title 27A of the Oklahoma Statutes;

6. Section 2357.22 of this title;

7. Section 2357.31 of this title;

8. Section 54003 of this title;

9. Section 54006 of this title;

10. Section 625.1 of Title 36 of the Oklahoma Statutes;

11. Subsections C and D of Section 2357.59 of this title;

12. Section 2357.13 of this title; or

13. Section 4201 of this title.

B. Any establishment which has qualified to receive quarterly

incentive payments pursuant to subsection B of Section 3604 of this

title for a ten-year period with a project start date after January

1, 2010, shall be eligible to receive the credit provided for in

Section 2357.4 of this title if such establishment:

1. Qualifies for the credit allowed pursuant to paragraph 1 of

subsection B of Section 2357.4 of this title based on an investment

made after January 1, 2010;

2. Pays an average annualized wage which equals or exceeds the

average state wage as determined by the Department of Commerce based

on the most recent U.S. Department of Commerce data; and

3. Obtains a determination letter from the Oklahoma Department

of Commerce that the business activity of the entity will result in

a positive net benefit rate.

C. For purposes of the exception provided for in this section:

1. "Estimated direct state benefits" has the meaning set out in

paragraph 4 of subsection A of Section 3603 of this title;

2. "Estimated indirect state benefits" means the indirect new

tax revenues projected by the Oklahoma Department of Commerce to

accrue to the state, including, but not limited to, revenue

generated from ancillary support jobs directly related to the

primary business;

3. "Estimated direct state costs" has the meaning set out in

paragraph 5 of subsection A of Section 3603 of this title; and

4. "Estimated indirect state costs" means the costs projected

by the Oklahoma Department of Commerce to accrue to the state as a

result of new indirect jobs. Such costs shall include, but not be

limited to, costs enumerated in paragraph 3 of this subsection.

D. Any establishment which has qualified to receive quarterly

incentive payments pursuant to subsection B of Section 3604 of this

title for a ten-year period with a project start date after January

1, 2010, shall be eligible to receive the credit provided for in

Section 2357.4 of this title pursuant to the provisions of this

section if such establishment obtains a determination letter from

the Oklahoma Department of Commerce that the business activity of

the entity will result in a positive net benefit rate, to be

computed by the Oklahoma Department of Commerce using a methodology

which provides for the analysis of estimated direct state benefits,

estimated indirect state benefits, estimated direct state costs and

estimated indirect state costs. The Oklahoma Department of Commerce

shall use such information as it determines to be relevant for the

analysis required by this subsection including, but not limited to,

the type of business activity in which the entity is engaged or will

be engaged, amount of capital investment, type of assets acquired or

utilized by the business entity, economic impact of the business

indirect state costs. The Oklahoma Department of Commerce

shall use such information as it determines to be relevant for the

analysis required by this subsection including, but not limited to,

the type of business activity in which the entity is engaged or will

be engaged, amount of capital investment, type of assets acquired or

utilized by the business entity, economic impact of the business

activity within the relevant geographic region and such other

factors as the Department determines to be relevant. The Oklahoma

Department of Commerce may use information regarding the business

entity alone or in conjunction with relevant information regarding

other business activity in a geographically relevant area

surrounding the principal business location of the primary business

entity in order to perform the computation of the net benefit rate.

If the result of the analysis is a positive net benefit rate, the

establishment shall be allowed to qualify to receive quarterly

incentive payments pursuant to subsection B of Section 3604 of this

title for a ten-year period and shall be eligible to receive the

credit provided for in Section 2357.4 of this title. The Oklahoma

Department of Commerce shall transmit a determination letter to the

authorized representative of the establishment and shall also

transmit a copy of the determination letter to the Oklahoma Tax

Commission, regardless of whether the result is a positive or

negative net benefit rate.