{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-2353","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-2353","heading":"Definitions","body":"For the purpose of and when used in the Oklahoma Income Tax Act,\n\nunless the context otherwise requires:\n\n1. \"Tax Commission\" means the Oklahoma Tax Commission;\n\n2. \"Internal Revenue Code\" means the United States Internal\n\nRevenue Code, as the same may be amended or adopted from time to\n\ntime applicable to the taxable year; and other provisions of the\n\nlaws of the United States relating to federal income taxes, as the\n\nsame may be or become effective at any time or from time to time\n\napplicable to the taxable year;\n\n3. Any term used in the Oklahoma Income Tax Act shall have the\n\nsame meaning as when used in a comparable context in the Internal\n\nRevenue Code, unless a different meaning is clearly required. For\n\nall taxable periods covered by the Oklahoma Income Tax Act, the tax\n\nstatus and all elections of all taxpayers covered by the Oklahoma\n\nIncome Tax Act shall be the same for all purposes material hereto as\n\nthey are for federal income tax purposes except when the Oklahoma\n\nIncome Tax Act specifically provides otherwise;\n\n4. \"Resident individual\" means a natural person who is\n\ndomiciled in this state, and any other natural person who spends in\n\nthe aggregate more than seven (7) months of the taxable year within\n\nthis state shall be presumed to be a resident for purposes of the\n\nOklahoma Income Tax Act in absence of proof to the contrary. A\n\nnatural person who resides less than seven (7) months of the taxable\n\nyear within this state is presumed to be a \"part-year resident\n\nindividual\" for purposes of the Oklahoma Income Tax Act, in absence\n\nof proof to the contrary. A \"nonresident individual\" means an\n\nindividual other than a resident individual or a part-year resident\n\nindividual.\n\nFor all tax years beginning after December 31, 1981, a\n\nnonresident individual, with respect to foreign earned income and\n\ndeductions, shall include an individual who:\n\na. during any period of twenty-four (24) consecutive\n\nmonths is out of the United States at least five\n\nhundred fifty (550) days,\n\nb. during such period referred to in subparagraph a of\n\nthis paragraph is not present in this state for more\n\nthan ninety (90) days during any taxable year,\n\nc. during any period of less than an entire taxable year,\n\nwhich period is contained within the period referred\n\nto in subparagraph a of this paragraph, is not present\n\nin this state for a number of days in excess of an\n\namount which bears the same ratio to ninety (90) days\n\nas the number of days contained in the period of less\n\nthan an entire taxable year bears to three hundred\n\nsixty-five (365), and\n\nd. during such period referred to in subparagraph a of\n\nthis paragraph does not maintain a permanent place of\n\nabode in this state at which the spouse of the\n\nindividual, unless such spouse is legally separated,\n\nor minor children of the individual are present for\n\nmore than one hundred eighty (180) days;\n\n5. \"Resident estate\" means the estate of a decedent who at\n\ndeath was domiciled in this state. \"Nonresident estate\" means an\n\nestate other than a resident estate;\n\n6. \"Resident trust\" means:\n\na. a trust, or a portion of a trust, consisting of\n\nproperty transferred by will of a decedent domiciled\n\nin this state at death, or a trust, or a portion of a\n\ntrust, consisting of the property of a person\n\ndomiciled in this state if such trust is not\n\nirrevocable, and\n\nb. a trust, or portion of a trust, consisting of property\n\nof a person domiciled in this state at the time such\n\nproperty was transferred to the trust if such trust or\n\nportion was then irrevocable or a person domiciled in\n\nthis state at the time such trust or portion became\n\nirrevocable. A trust, or portion of a trust, is\n\nirrevocable if it is not subject to a power\n\nexercisable solely by the transferor of such property,\n\nat any time, to revest title in the transferor.\n\n\"Nonresident trust\" means a trust other than a\n\nresident trust;\no the trust if such trust or\n\nportion was then irrevocable or a person domiciled in\n\nthis state at the time such trust or portion became\n\nirrevocable. A trust, or portion of a trust, is\n\nirrevocable if it is not subject to a power\n\nexercisable solely by the transferor of such property,\n\nat any time, to revest title in the transferor.\n\n\"Nonresident trust\" means a trust other than a\n\nresident trust;\n\n7. \"Resident partner\" means a partner who is a resident\n\nindividual, a resident estate, a resident trust or a resident\n\ncorporation. \"Nonresident partner\" means a partner other than a\n\nresident partner;\n\n8. \"Resident beneficiary\" means a beneficiary of an estate or\n\ntrust which beneficiary is a resident individual, a resident estate,\n\na resident trust or a resident corporation. \"Nonresident\n\nbeneficiary\" means a beneficiary other than a resident beneficiary;\n\n9. \"Resident corporation\" means a corporation whose principal\n\nplace of business is located within the State of Oklahoma.\n\n\"Nonresident corporation\" means any corporation other than a\n\nresident corporation;\n\n10. \"Taxable income\" with respect to any taxpayer means the\n\n\"taxable income\", \"life insurance company taxable income\", \"mutual\n\ninsurance company taxable income\", \"(regulated) investment company\n\ntaxable income\", \"real estate investment trust taxable income\", and\n\n\"cooperatives' taxable income\" and any other \"taxable income\" as\n\ndefined in the Internal Revenue Code as applies to such taxpayer or\n\nany other income of such taxpayer including, but not limited to,\n\nlump sum distributions as defined by the Internal Revenue Code of\n\n1986, as amended; provided, in the case of income derived from oil\n\nand gas well production, any taxpayer, at his or her option, may\n\ndeduct as an allowance for depletion, in lieu of other calculation\n\nof depletion based on the cost of the oil and gas deposit, twenty-\n\ntwo percent (22%) of the gross income derived from the properties\n\nduring the taxable year. Provided further, for tax years beginning\n\non or after January 1, 2001, and ending on or before December 31,\n\n2011, and for tax years beginning on or after January 1, 2014, for\n\nmajor oil companies as defined in Section 288.2 of Title 52 of the\n\nOklahoma Statutes, such allowance shall not exceed fifty percent\n\n(50%) of the net income of the taxpayer (computed without allowance\n\nfor depletion) from the property. During taxable years other than\n\nthose specified herein, for all taxpayers, such allowance shall not\n\nexceed fifty percent (50%) of the net income of the taxpayer\n\n(computed without allowance for depletion) from the property. If a\n\ndepletion allowance is allowed as a deduction in arriving at the\n\nadjusted gross income in the case of an individual, or taxable\n\nincome for corporations and trusts, or distributable income of\n\npartnerships by the Internal Revenue Service, the percentage\n\ndepletion so calculated shall in no event be a duplication of\n\ndepletion allowed on the Federal Income Tax Return;\n\n11. \"Adjusted gross income\" means \"adjusted gross income\" as\n\ndefined in the Internal Revenue Code;\n\n12. \"Oklahoma taxable income\" means \"taxable income\" as\n\nreported (or as would have been reported by the taxpayer had a\n\nreturn been filed) to the federal government, and in the event of\n\nadjustments thereto by the federal government as finally ascertained\n\nunder the Internal Revenue Code, adjusted further as hereinafter\n\nprovided;\n\n13. \"Oklahoma adjusted gross income\" means \"adjusted gross\n\nincome\" as reported to the federal government (or as would have been\n\nreported by the taxpayer had a return been filed), or in the event\n\nof adjustments thereby by the federal government as finally\n\nascertained under the Internal Revenue Code, adjusted further as\n\nhereinafter provided;\n\n14. \"State\" means any state of the United States, the District\n\nof Columbia, the Commonwealth of Puerto Rico, any territory or\norted to the federal government (or as would have been\n\nreported by the taxpayer had a return been filed), or in the event\n\nof adjustments thereby by the federal government as finally\n\nascertained under the Internal Revenue Code, adjusted further as\n\nhereinafter provided;\n\n14. \"State\" means any state of the United States, the District\n\nof Columbia, the Commonwealth of Puerto Rico, any territory or\n\npossession of the United States or any political subdivision\n\nthereof; and\n\n15. \"Taxpayer\" means any person subject to a tax imposed by\n\nthis Article, or whose income is, in whole or in part, subject to a\n\ntax imposed by any provision of this article.","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":"53f132591102bebcfc39aac358948c99f40a7725e9484a6a35c52d285d373f17","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-2352","next":"us-ok/okla.-stat.-tit.-68-68-2354"},"notice":"GroundRules: Original legal text. Not legal advice."}