{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-3607","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-3607","heading":"Eligibility of establishments receiving incentive","body":"payments to receive certain tax credits and exemptions.\n\nA. Notwithstanding any other provision of law, if a qualified\n\nestablishment receives an incentive payment pursuant to the\n\nprovisions of Section 3601 et seq. of this title, neither the\n\nqualified establishment nor its contractors or subcontractors shall\n\nbe eligible to receive the credits or exemptions provided for in the\n\nfollowing provisions of law in connection with the activity for\n\nwhich the incentive payment was received:\n\n1. Paragraphs 16 and 17 of Section 1357 of this title;\n\n2. Paragraph 7 of Section 1359 of this title;\n\n3. Section 2357.4 of this title; except as provided in\n\nsubsection B of this section;\n\n4. Section 2357.7 of this title;\n\n5. Section 2-11-303 of Title 27A of the Oklahoma Statutes;\n\n6. Section 2357.22 of this title;\n\n7. Section 2357.31 of this title;\n\n8. Section 54003 of this title;\n\n9. Section 54006 of this title;\n\n10. Section 625.1 of Title 36 of the Oklahoma Statutes;\n\n11. Subsections C and D of Section 2357.59 of this title;\n\n12. Section 2357.13 of this title; or\n\n13. Section 4201 of this title.\n\nB. Any establishment which has qualified to receive quarterly\n\nincentive payments pursuant to subsection B of Section 3604 of this\n\ntitle for a ten-year period with a project start date after January\n\n1, 2010, shall be eligible to receive the credit provided for in\n\nSection 2357.4 of this title if such establishment:\n\n1. Qualifies for the credit allowed pursuant to paragraph 1 of\n\nsubsection B of Section 2357.4 of this title based on an investment\n\nmade after January 1, 2010;\n\n2. Pays an average annualized wage which equals or exceeds the\n\naverage state wage as determined by the Department of Commerce based\n\non the most recent U.S. Department of Commerce data; and\n\n3. Obtains a determination letter from the Oklahoma Department\n\nof Commerce that the business activity of the entity will result in\n\na positive net benefit rate.\n\nC. For purposes of the exception provided for in this section:\n\n1. \"Estimated direct state benefits\" has the meaning set out in\n\nparagraph 4 of subsection A of Section 3603 of this title;\n\n2. \"Estimated indirect state benefits\" means the indirect new\n\ntax revenues projected by the Oklahoma Department of Commerce to\n\naccrue to the state, including, but not limited to, revenue\n\ngenerated from ancillary support jobs directly related to the\n\nprimary business;\n\n3. \"Estimated direct state costs\" has the meaning set out in\n\nparagraph 5 of subsection A of Section 3603 of this title; and\n\n4. \"Estimated indirect state costs\" means the costs projected\n\nby the Oklahoma Department of Commerce to accrue to the state as a\n\nresult of new indirect jobs. Such costs shall include, but not be\n\nlimited to, costs enumerated in paragraph 3 of this subsection.\n\nD. Any establishment which has qualified to receive quarterly\n\nincentive payments pursuant to subsection B of Section 3604 of this\n\ntitle for a ten-year period with a project start date after January\n\n1, 2010, shall be eligible to receive the credit provided for in\n\nSection 2357.4 of this title pursuant to the provisions of this\n\nsection if such establishment obtains a determination letter from\n\nthe Oklahoma Department of Commerce that the business activity of\n\nthe entity will result in a positive net benefit rate, to be\n\ncomputed by the Oklahoma Department of Commerce using a methodology\n\nwhich provides for the analysis of estimated direct state benefits,\n\nestimated indirect state benefits, estimated direct state costs and\n\nestimated indirect state costs. The Oklahoma Department of Commerce\n\nshall use such information as it determines to be relevant for the\n\nanalysis required by this subsection including, but not limited to,\n\nthe type of business activity in which the entity is engaged or will\n\nbe engaged, amount of capital investment, type of assets acquired or\n\nutilized by the business entity, economic impact of the business\nindirect state costs. The Oklahoma Department of Commerce\n\nshall use such information as it determines to be relevant for the\n\nanalysis required by this subsection including, but not limited to,\n\nthe type of business activity in which the entity is engaged or will\n\nbe engaged, amount of capital investment, type of assets acquired or\n\nutilized by the business entity, economic impact of the business\n\nactivity within the relevant geographic region and such other\n\nfactors as the Department determines to be relevant. The Oklahoma\n\nDepartment of Commerce may use information regarding the business\n\nentity alone or in conjunction with relevant information regarding\n\nother business activity in a geographically relevant area\n\nsurrounding the principal business location of the primary business\n\nentity in order to perform the computation of the net benefit rate.\n\nIf the result of the analysis is a positive net benefit rate, the\n\nestablishment shall be allowed to qualify to receive quarterly\n\nincentive payments pursuant to subsection B of Section 3604 of this\n\ntitle for a ten-year period and shall be eligible to receive the\n\ncredit provided for in Section 2357.4 of this title. The Oklahoma\n\nDepartment of Commerce shall transmit a determination letter to the\n\nauthorized representative of the establishment and shall also\n\ntransmit a copy of the determination letter to the Oklahoma Tax\n\nCommission, regardless of whether the result is a positive or\n\nnegative net benefit rate.","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":"60b075befd30a3432a63002196e50b7257b6fd0853cf152fad724f4907b0a0a8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-3606","next":"us-ok/okla.-stat.-tit.-68-68-3608"},"notice":"GroundRules: Original legal text. Not legal advice."}