Okla. Admin. Code § 710:90-3-4

Current through Vol. 42, No. 6, December 2, 2024

Section 710:90-3-4 - Payment of tax and filing of tax returns

(a) Every employer required to deduct and withhold Oklahoma Income Tax from employee wages shall pay over the amount so withheld to the Tax Commission pursuant to the schedule outlined in subsections (b), (c) and (e) of this Section. Employers, regardless of date of remittance schedules, shall file a quarterly return on or before the twentieth (20th) day of the month following the close of each quarter. Quarterly returns shall be filed on a calendar year basis and not a fiscal year basis.

(b) Every employer owing an average of less than Five Hundred Dollars ($500.00) per quarter in taxes in the previous fiscal year must remit the amount withheld on or before the twentieth (20 ^th) day of the month following the close of each succeeding quarter.

(c) Except as specified in subsection (e), if the amount of Oklahoma Income Tax withheld exceeds Five Hundred Dollars ($500.00) for any quarter, the employer is required to remit the taxes withheld monthly, for each monthly period after the quarter in which taxes withheld exceeded Five Hundred Dollars ($500.00). Such tax remittances shall be due on or before the twentieth (20th) day of each succeeding month.

(d) Every employer required to remit federal withholding under the Federal Semiweekly Deposit Schedule shall file returns pursuant to the Tax Commission's electronic data interchange program.

(e) Every employer required to remit federal withholding under the Federal Semiweekly Deposit Schedule, shall pay over the amount so withheld on the same dates as required under the Federal Semiweekly Deposit Schedule for federal withholding taxes.

(1) If a payment is required to be made on a day that is not a banking day, the payment is considered timely if it is made by the close of the next banking day. In addition to Federal and State bank holidays, Saturdays and Sundays are treated as non-banking days.

(2) Semiweekly schedule employers have at least three (3) banking days to make a payment. If any of the three (3) weekdays after the end of a semiweekly period is a banking holiday, the employer will have one (1) additional banking day for payment.

(f) Any returns and remittances not filed or paid on or before the date due shall be considered delinquent.

(g) Every employer registered with the Commission for purposes of reporting and remitting withheld taxes shall file a return for each reporting period required, whether or not wages subject to Oklahoma Withholding Taxes are paid, unless otherwise provided. On the return for such a reporting period, the employer should indicate that zero wages were paid and that no tax is due. [ See: 68 O.S. Section 2385.3 ]

Okla. Admin. Code § 710:90-3-4

Amended at 16 Ok Reg 2674, eff 6-25-99 ; Amended at 17 Ok Reg 2716, eff 6-25-00 ; Added at 23 Ok Reg 2870, eff 6-25-06 ; Amended at 27 Ok Reg 2360, eff 7-11-10 ; Amended at 30 Ok Reg 1869, eff 7-11-13