{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-220","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-220","heading":"Waiver or remission of interest or penalties - Voluntary","body":"disclosure agreements.\n\nA. The interest or penalty or any portion thereof ordinarily\n\naccruing by reason of a taxpayer's failure to file a report or\n\nreturn or failure to file a report or return in the correct form as\n\nrequired by any state tax law or by this Code or to pay a state tax\n\nwithin the statutory period allowed for its payment may be waived or\n\nremitted by the Oklahoma Tax Commission or its designee provided the\n\ntaxpayer's failure to file a report or return or to pay the tax is\n\nsatisfactorily explained to the Tax Commission or such designee, or\n\nprovided such failure has resulted from a mistake by the taxpayer of\n\neither the law or the facts subjecting him to such tax, or inability\n\nto pay such interest or penalty resulting from insolvency.\n\nB. Except as otherwise provided by subsections C and D of this\n\nsection, the waiver or remission of all or any part of any such\n\ninterest or penalties in excess of Twenty-five Thousand Dollars\n\n($25,000.00) shall not become effective unless approved by one of\n\nthe judges of the district court of Oklahoma County after a full\n\nhearing thereon.\n\nThe application for the approval of such waiver or remission\n\nshall be filed in the office of the court clerk of the court at\n\nleast twenty (20) days prior to the entry of the order of the judge\n\nfinally approving or disapproving the waiver or remission. The\n\norder so entered shall be a final order of the district court of the\n\ncounty.\n\nC. Taxpayers who (1) do not have outstanding tax liabilities\n\nother than those reported pursuant to a voluntary disclosure\n\nagreement, (2) have not been contacted by the Oklahoma Tax\n\nCommission with respect to the taxpayer's potential or actual\n\nobligation to file a return or make a payment to the state, (3) have\n\nnot collected taxes from others, such as sales and use taxes or\n\npayroll taxes, and not reported those taxes, and (4) have not within\n\nthe preceding three (3) years entered into a voluntary disclosure\n\nagreement for the type of tax owed may enter into a voluntary\n\ndisclosure agreement with the Tax Commission in order to report a\n\nstate tax liability owed by the taxpayer. Taxpayers who have\n\ncollected taxes from others, such as sales and use taxes or payroll\n\ntaxes, and not reported those taxes, may enter into a modified\n\nvoluntary disclosure agreement as is provided in subsection F of\n\nthis section provided that they meet all the other requirements\n\nprovided in this subsection. If the Tax Commission agrees with the\n\nproposed terms for payment of the principal amount of tax due and\n\nowing, the penalty otherwise imposed by law upon the principal\n\namount shall be waived by operation of law and no further action by\n\nthe Tax Commission or by the taxpayer shall be required for the\n\nwaiver of such penalty amount and fifty percent (50%) of the\n\notherwise applicable interest amount shall be waived by operation of\n\nlaw and no further action by the Tax Commission or by the taxpayer\n\nshall be required for the waiver of such interest amount.\n\nD. The Tax Commission shall limit the period for which\n\nadditional taxes may be assessed (the lookback period) to three (3)\n\ntaxable years for annually filed taxes or thirty-six (36) months for\n\ntaxes that do not have an annual filing frequency.\n\nE. Voluntary disclosure agreements may be denied or nullified\n\nby the Tax Commission if a taxpayer's failure to report or pay is\n\ndetermined to be the result of a pattern of intentional or gross\n\nnegligence regarding compliance with the laws.\n\nF. Taxpayers who meet all of the qualifications specified in\n\nsubsection C of this section, except those who have collected taxes\n\nfrom others, such as sales and use taxes or payroll taxes, and not\n\nreported those taxes, may enter into a modified voluntary disclosure\n\nagreement.\n\nG. The provisions of a modified voluntary disclosure agreement\n\nshall be the same as a voluntary disclosure agreement as specified\ns who meet all of the qualifications specified in\n\nsubsection C of this section, except those who have collected taxes\n\nfrom others, such as sales and use taxes or payroll taxes, and not\n\nreported those taxes, may enter into a modified voluntary disclosure\n\nagreement.\n\nG. The provisions of a modified voluntary disclosure agreement\n\nshall be the same as a voluntary disclosure agreement as specified\n\nin subsection C of this section, except that (1) waiver of interest\n\nshall not apply except as may be optionally granted at the\n\ndiscretion of the Tax Commission, and (2) the period for which taxes\n\nmust be reported and remitted is extended beyond the three-year or\n\nthirty-six-month period provided in subsection C of this section to\n\ninclude all periods in which tax has been collected but not\n\nremitted.","path":["OK Code","Title 68"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cc41691bbf342edc6a9f812519349e3bdeafd1393bfde35733e57ea61d780750","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-219.1","next":"us-ok/okla.-stat.-tit.-68-68-2201"},"notice":"GroundRules: Original legal text. Not legal advice."}