{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-625.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-625.1","heading":"Premium tax credit","body":"A. A foreign or alien insurer which is subject to the tax\n\nimposed by Section 624 of this title shall be entitled to a credit\n\nagainst said tax actually paid to and placed in the General Revenue\n\nFund of the state, not including any of said tax monies placed in\n\npension funds and not including any of said tax monies placed in\n\nescrow, if, during the year for which the tax is being assessed, the\n\ninsurer or its affiliate maintained a regional home office in this\n\nstate in a building owned or leased by the insurer. To receive a\n\ncredit against the tax imposed for the year in which the regional\n\nhome office was established, said office must have been maintained\n\ncontinuously from on or before August 1 of that year through the\n\nlast day of the calendar year. For succeeding years, an insurer or\n\nits affiliate shall have maintained the regional home office\n\ncontinuously from the first day of the calendar year for which the\n\ntax is imposed through the last day of that calendar year. The Home\n\nOffice Credit shall be calculated as follows:\n\n1. Until June 30, 2010, the credit shall be equal to the\n\nfollowing percentages of the amount due after the credits authorized\n\nby Sections 624.1 and 625 of this title have been deducted:\n\na. fifteen percent (15%), if there are more than two\n\nhundred full-time, year-round Oklahoma employees, but\n\nless than three hundred full-time, year-round Oklahoma\n\nemployees,\n\nb. twenty-five percent (25%), if there are more than\n\nthree hundred full-time, year-round Oklahoma\n\nemployees, but less than four hundred full-time, year-\n\nround Oklahoma employees,\n\nc. thirty-five percent (35%), if there are more than four\n\nhundred full-time, year-round Oklahoma employees, but\n\nless than five hundred full-time, year-round Oklahoma\n\nemployees, or\n\nd. fifty percent (50%), if there are five hundred or more\n\nfull-time, year-round Oklahoma employees; and\n\n2. Beginning July 1, 2010, in the calculation of the credit,\n\nthe amount to be apportioned to the Oklahoma Firefighters Pension\n\nand Retirement Fund, the Oklahoma Police Pension and Retirement\n\nSystem and the Law Enforcement Retirement Fund shall be applied\n\nprior to the calculation of the credit. The amount of the credit\n\nshall be derived from amounts remaining after the apportionment to\n\nthe Oklahoma Firefighters Pension and Retirement Fund, the Oklahoma\n\nPolice Pension and Retirement System and the Law Enforcement\n\nRetirement Fund. The credit shall be calculated by first applying a\n\n“Home Office Credit Allotment Rate” of forty-seven percent (47%) to\n\nthe gross premium tax owed by the insurer and then determining the\n\nallowable credit by applying the following percentages of the amount\n\ndue after the credits authorized by Sections 624.1 and 625 of this\n\ntitle have been deducted:\n\na. fifteen percent (15%), if there are more than two\n\nhundred full-time, year-round Oklahoma employees, but\n\nless than three hundred full-time, year-round Oklahoma\n\nemployees,\n\nb. twenty-five percent (25%), if there are more than\n\nthree hundred full-time, year-round Oklahoma\n\nemployees, but less than four hundred full-time, year-\n\nround Oklahoma employees,\n\nc. thirty-five percent (35%), if there are more than four\n\nhundred full-time, year-round Oklahoma employees, but\n\nless than five hundred full-time, year-round Oklahoma\n\nemployees, or\n\nd. fifty percent (50%), if there are five hundred or more\n\nfull-time, year-round Oklahoma employees.\n\nB. A domestic insurer with four hundred or more full-time,\n\nyear-round Oklahoma employees which is subject to the tax imposed by\n\nSection 624 of this title shall be entitled to a credit against said\n\ntax actually paid to and placed in the General Revenue Fund of the\n\nstate, not including any of said tax monies placed in pension funds\n\nand not including any of said tax monies placed in escrow, if,\n\nduring the year previous to the year for which the tax is being\n\ntax imposed by\n\nSection 624 of this title shall be entitled to a credit against said\n\ntax actually paid to and placed in the General Revenue Fund of the\n\nstate, not including any of said tax monies placed in pension funds\n\nand not including any of said tax monies placed in escrow, if,\n\nduring the year previous to the year for which the tax is being\n\nassessed, the insurer or its affiliate maintained a regional home\n\noffice in this state in a building owned or leased by the insurer\n\nand during the year for which the tax is being assessed, the insurer\n\nestablishes its home office in this state in a building owned or\n\nleased by the insurer. To receive a credit against the tax imposed\n\nfor the year in which the home office was established, said office\n\nmust have been maintained continuously from on or before August 1 of\n\nthat year through the last day of the calendar year. For succeeding\n\nyears, an insurer shall have maintained the home office continuously\n\nfrom the first day of the calendar year for which the tax is imposed\n\nthrough the last day of that calendar year. Insurers who take\n\naction before August 1, 2000, to establish their home office in this\n\nstate shall be entitled to a credit against the tax imposed on or\n\nafter January 1, 2001, which shall be in addition to the credit the\n\ninsurer is entitled to for that year. The Home Office Credit shall\n\nbe calculated as follows:\n\n1. Until June 30, 2010, the credit shall be equal to the\n\nfollowing percentages of the amount due after the credits authorized\n\nby Sections 624.1 and 625 of this title have been deducted:\n\na. thirty-five percent (35%), if there are more than four\n\nhundred full-time, year-round Oklahoma employees, but\n\nless than five hundred full-time, year-round Oklahoma\n\nemployees, or\n\nb. fifty percent (50%), if there are five hundred or more\n\nfull-time, year-round Oklahoma employees; and\n\n2. Beginning July 1, 2010, in the calculation of the credit,\n\nthe amount to be apportioned to the Oklahoma Firefighters Pension\n\nand Retirement Fund, the Oklahoma Police Pension and Retirement\n\nSystem and the Law Enforcement Retirement Fund shall be applied\n\nprior to the calculation of the credit. The amount of the credit\n\nshall be derived from amounts remaining after the apportionment to\n\nthe Oklahoma Firefighters Pension and Retirement Fund, the Oklahoma\n\nPolice Pension and Retirement System and the Law Enforcement\n\nRetirement Fund. The credit shall be calculated by first applying a\n\n“Home Office Credit Allotment Rate” of forty-seven percent (47%) to\n\nthe gross premium tax owed by the insurer and then determining the\n\nallowable credit by applying the following percentages of the amount\n\ndue after the credits authorized by Sections 624.1 and 625 of this\n\ntitle have been deducted:\n\na. thirty-five percent (35%), if there are more than four\n\nhundred full-time, year-round Oklahoma employees, but\n\nless than five hundred full-time, year-round Oklahoma\n\nemployees, or\n\nb. fifty percent (50%), if there are five hundred or more\n\nfull-time, year-round Oklahoma employees.\n\nC. A domestic insurer which is subject to the tax imposed by\n\nSection 624 of this title shall be entitled to a credit against said\n\ntax actually paid to and placed in the General Revenue Fund of the\n\nstate, not including any of said tax monies placed in pension funds\n\nand not including any of said tax monies placed in escrow, if,\n\nduring the year for which the tax is being assessed, the insurer\n\nmaintained a regional home office in at least five or more counties\n\nin this state in buildings owned or leased by the insurer. To\n\nreceive a credit against the tax imposed for the year in which the\n\nregional home offices were established, said offices must have been\n\nmaintained continuously from on or before August 1 of that year\n\nthrough the last day of the calendar year. For succeeding years, an\naintained a regional home office in at least five or more counties\n\nin this state in buildings owned or leased by the insurer. To\n\nreceive a credit against the tax imposed for the year in which the\n\nregional home offices were established, said offices must have been\n\nmaintained continuously from on or before August 1 of that year\n\nthrough the last day of the calendar year. For succeeding years, an\n\ninsurer shall have maintained the regional home offices continuously\n\nfrom the first day of the calendar year for which the tax is imposed\n\nthrough the last day of that calendar year. The Home Office Credit\n\nshall be calculated as follows:\n\n1. Until June 30, 2010, the credit shall be equal to the\n\npercentage of the amount due after the credits authorized by\n\nSections 624.1 and 625 of this title have been deducted as\n\nestablished in subsection A of this section; and\n\n2. Beginning July 1, 2010, in the calculation of the credit,\n\nthe amount to be apportioned to the Oklahoma Firefighters Pension\n\nand Retirement Fund, the Oklahoma Police Pension and Retirement\n\nSystem and the Law Enforcement Retirement Fund shall be applied\n\nprior to the calculation of the credit. The amount of the credit\n\nshall be derived from amounts remaining after the apportionment to\n\nthe Oklahoma Firefighters Pension and Retirement Fund, the Oklahoma\n\nPolice Pension and Retirement System and the Law Enforcement\n\nRetirement Fund. The credit shall be calculated by first applying a\n\n“Home Office Credit Allotment Rate” of forty-seven percent (47%) to\n\nthe gross premium tax owed by the insurer and then determining the\n\nallowable credit by applying the percentage of the amount due after\n\nthe credits authorized by Sections 624.1 and 625 of this title have\n\nbeen deducted as established in subsection A of this section.\n\nD. Proof that an insurer qualifies for the credit authorized by\n\nthis section shall be on forms prescribed by the Insurance\n\nCommissioner and shall be submitted to the Commissioner annually\n\nwith the report which is filed pursuant to Section 624 of the\n\nInsurance Code.\n\nE. The credit provided for in subsections A, B and C of this\n\nsection shall be based on the total number of Oklahoma employees in\n\nthe regional or home office when a group of insurers which are under\n\ncommon management and control maintain a regional home office or\n\nhome office in this state in a building owned or leased by the group\n\nof insurers. The credit provided for in subsections A, B and C of\n\nthis section may be allocated among the insurance company and the\n\ninsurance company affiliates at the discretion of the insurance\n\ncompany on a per-insurance-company basis.\n\nF. As used in this section:\n\n1. \"Regional home office\" means an office transacting\n\ninsurance, as defined in Section 105 of this title, and performing\n\ninsurance company operations, which is defined as one or more or any\n\ncombination of the following functions and services performed in\n\nconnection with the development, sale, and administration of\n\nproducts giving rise to receipts subject to a premium tax on\n\ndomestic and foreign insurance companies, or domestic or foreign\n\nhealth care insurance corporations: actuarial, medical, legal,\n\ninvestments, accounting, auditing, underwriting, policy issuance,\n\ninformation, policyholder services, premium collection, claims,\n\nadvertising and publications, public relations, human resources,\n\nmarketing, sales office staff, training of sales and service\n\npersonnel, and clerical, managerial, and other support for any such\n\nfunctions or services;\n\n2. \"Common management and control\" means the possession, direct\n\nor indirect, of the power to direct or cause the direction of the\n\nmanagement and policies of an insurer, whether through the ownership\n\nof voting securities, by contract, or otherwise, unless the power is\n\nexecuted by a person acting in an official capacity, performing\n\nduties imposed and exercising authority granted because of the\n2. \"Common management and control\" means the possession, direct\n\nor indirect, of the power to direct or cause the direction of the\n\nmanagement and policies of an insurer, whether through the ownership\n\nof voting securities, by contract, or otherwise, unless the power is\n\nexecuted by a person acting in an official capacity, performing\n\nduties imposed and exercising authority granted because of the\n\nperson's position as an officer or employee of the insurer. Control\n\nshall be presumed to exist if any person, directly or indirectly,\n\nowns, controls, holds with the power to vote, or holds proxies\n\nrepresenting twenty-five percent (25%) or more of the voting\n\nsecurities of the insurer;\n\n3. “Oklahoma employees” means persons who are employed in\n\nOklahoma after January 1, 2000, and who are common law employees of\n\nan insurance company or its affiliate. Oklahoma employees do not\n\ninclude independent contractors or any persons to the extent that\n\nthe compensation of that person is based on commissions;\n\n4. “Insurance company” means any entity subject to a premium\n\ntax on domestic and foreign insurance companies, or domestic or\n\nforeign health care insurance corporations, including the attorney-\n\nin-fact authorized by and acting for the subscribers of a reciprocal\n\ninsurer or inter-insurance exchange under powers of attorney. A\n\nreciprocal and its attorney-in-fact shall be a single entity; and\n\n5. “Home office” means the executive offices of an insurance\n\ncompany which is domiciled in this state.\n\nG. Each insurer or insurance group requesting a credit under\n\nthis section shall certify by affidavit, approved as to form by the\n\nCommissioner, that the insurer has met all of the qualifications\n\nrequired by this section and is authorized to a credit against the\n\npremium tax which actually shall be paid to, and placed in the\n\nGeneral Revenue Fund of the state, exclusive of any amounts of the\n\ntax which shall be credited to pension funds pursuant to law and\n\nexclusive of any amounts which shall be placed into escrow. The\n\nCommissioner may do an examination for the sole purpose of\n\ncertifying that all requirements of this section are being met by\n\nthe insurer requesting to obtain any credits against premium tax.\n\nH. For the fiscal year beginning July 1, 2006, and for each\n\nfiscal year thereafter, and notwithstanding any other provisions of\n\nTitle 36 of the Oklahoma Statutes or any other provision of law\n\ngoverning the order in which the credit authorized by this section\n\nis to be deducted from the liability of the company claiming such\n\ncredit to the contrary, the credit authorized by this section shall\n\nbe deducted from the insurance premium tax liability of the company\n\nclaiming such credit prior to the deduction of any other credits\n\nthat may be claimed against such liability.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"37cba9d7dd21e8dfd83a92f647d50157c3309ac4cab8a733f135c465ff249cee","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-625","next":"us-ok/okla.-stat.-tit.-36-36-625.2"},"notice":"GroundRules: Original legal text. Not legal advice."}