710:50-15-114 Credit for contributions to a scholarship-granting organization

(a) General provisions. An income tax credit is available for contributions to an eligible scholarship-granting organization. [68 O.S. § 2357.206] (b) Credit. The credit is generally fifty percent (50%) of the total amount of contributions made during a taxable year, not to exceed One Thousand Dollars ($1,000) for each taxpayer or Two Thousand Dollars ($2,000) for married taxpayers filing jointly, or One Hundred Thousand Dollars ($100,000) for any taxpayer which is a legal business entity, subject to the limitation in (e) of this Section. Tax credits which are allocated by a pass-through entity to equity owners are only limited in amount for the income tax return of a natural person based upon the limitation of the total credit amount to the entity from which the tax credits have been allocated, and not limited to One Thousand Dollars ($1,000.00) for single individuals or limited to Two Thousand Dollars ($2,000.00) for married persons filing a joint return. (c) Additional year commitment. For a taxpayer who makes an eligible contribution and makes a written commitment to contribute the same amount for an additional year, the credit shall be seventy-five percent (75%) of the total amount of the contribution made during the taxable year. The taxpayer shall provide evidence of the written commitment to the Tax Commission when the tax return claiming the credit is filed the first year. (d) Registration. An eligible scholarship-granting organization is required to register with the Tax Commission. (e) Limitation of credit. (1) If total credits claimed exceed the caps established pursuant to 68 O.S. §2357.206(E), the credit shall be equal to the taxpayer's proportionate share of the cap for the taxable year. [ See : 68 O.S. §2357.206(I)] (2) At least once each taxable year, the eligible scholarship-granting organization shall notify each contributor that Oklahoma law provides for a total statewide cap on the amount of income tax credits allowed annually. (f) Annual notification. (1) By January 10 each year, the scholarship-granting organization shall provide electronically to the Tax Commission: (A) The scholarship-granting organization's account number; (B) The name of each contributor and sufficient other information to accurately determine the identity of each contributor; (C) The date and amount of each contribution; and (D) Whether the taxpayer made a written commitment to contribute the same amount for two (2) additional consecutive years. (2) By February 15 each year, the Tax Commission shall publish the percentage of the contribution which may be claimed as a credit on the Tax Commission's website. The scholarship-granting organizations shall notify contributors of that amount annually. (g) Annual report. In order to maintain registration, a scholarship granting organization shall file an annual report with the Oklahoma Tax Commission on or before September 1 of each year. [See 68 O.S. § 2357.206(M)(1)] (h) Ninety percent (90%) requirement. Effective January 1, 2014, a credit will not be allowed by the Tax Commission for contributions made to an eligible scholarship-granting organization if the organization's percentage of funds actually awarded is less than ninety percent (90%). In order to determine this amount, the total amount of funds actually awarded over the most recent twenty-four (24) months shall be divided by the total amount available to award over the most recent twenty-four (24) months. (i) Limitations. (1) The credit will not reduce the tax liability of the taxpayer to less than zero (0) and any credit allowed but not used may be carried over, in order, to each of the three (3) subsequent taxable years. (2) The credit is not transferable. (3) For tax year 2016 and subsequent tax years, credits earned but not allowed due to the application of statewide caps will be considered suspended and authorized to be used in the next immediate tax year and applied to the next year's statewide cap.