Okla. Admin. Code § 710:50-9-3

Current through Vol. 41, No. 19, June 17, 2024

Section 710:50-9-3 - Interest on refunds

(a)Returns filed prior to January 1, 2004. For returns filed on or after January 1, 1987, and before January 1, 2004, interest will be paid on income tax refunds that are not processed within ninety (90) days from the date a processible return is filed or due, whichever is later, at the same rate of interest specified for delinquent tax payments.

(b)Returns filed on or after January 1, 2004 and before January 2, 2010. In the case of returns filed on or after January 1, 2004 and before January 2, 2010, a taxpayer will be entitled to interest paid at the same rate specified for delinquent tax payments if the refund is not paid to the taxpayer within the following time periods:

(1) For electronically-filed returns, thirty (30) days from the date a processible return is filed or due, whichever is later; and,

(2) For all other returns, one hundred fifty (150) days from the date a processible return is filed or due, whichever is later.

(c)Returns filed after January 1, 2010 and before July 1, 2016. For returns filed after January 1, 2010 and before July 1, 2016, a taxpayer will be entitled to interest paid at the same rate specified for delinquent tax payments if the refund is not paid to the taxpayer within the following time periods:

(1) For electronically-filed returns, twenty (20) days from the date a processible return is filed, and

(2) For all other returns, ninety (90) days from the date a processible return is filed.

(d)Returns filed after June 30, 2016 and before May 7, 2021. For returns filed after June 30, 2016, a taxpayer will be entitled to interest paid at the same rate specified for delinquent tax payments if the refund is not paid to the taxpayer within the following time periods:

(1) For electronically-filed returns, forty-five (45) days from the date a processible return is filed, and

(2) For all other returns, ninety (90) days from the date a processible return is filed.

(e)Returns filed after May 6, 2021. For returns filed after May 6, 2021, a taxpayer will be entitled to interest paid at the same rate specified for delinquent tax payments if the refund is not paid to the taxpayer within the following time periods:

(1) For electronically-filed returns, forty-five (45) days from the date a processible return is filed or due, whichever is later, and

(2) For all other returns, ninety (90) days from the date a processible return is filed or due, whichever is later.

(f)Processible return. To be "processible", all information on the return, including the computations, must be correct and all documents required by the Tax Commission must be included. In the case of an amended Oklahoma income tax return with a federal adjusted gross income change, the return must be accompanied by documentation to substantiate that the I.R.S. accepted the requested change. [See: 68 O.S. § 217(H)]

(g)Exceptions. Alternative statutory provisions apply in the following instances:

(1) Interest will not be paid on refunds that are intercepted for state or federal agencies. See provisions of Subchapter 11 of this Chapter. [See: 68 O.S. § 217(H)]

(2) In the event of litigation, interest will be paid in accordance with 68 O.S. §2374.

(3) In the case of refunds made to recover taxes illegally collected on bonus payments from oil and gas leases located on tax exempt Indian lands interest at six percent (6%) per annum will be calculated from the date of payment by the taxpayer, until the date the refund is issued. [See: 68 O.S. § 2373]

Okla. Admin. Code § 710:50-9-3

Amended at 15 Ok Reg 2811, eff 6-25-98; Amended at 16 Ok Reg 2646, eff 6-25-99; Amended at 22 Ok Reg 1532, eff 6-11-05; Amended at 27 Ok Reg 2281, eff 7-11-10; Amended at 28 Ok Reg 935, eff 6-1-11

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022