Oklahoma budget agreement doesn't address court ruling on capital-gains tax deduction

Legislative budget leaders say it's too speculative to set aside funds to deal with a possible adverse ruling that a capital-gains tax deduction for Oklahoma-based companies is unconstitutional.
BY MICHAEL MCNUTT mmcnutt@opubco.com Published: May 6, 2013

The $7.1 billion budget agreement reached last week does not include setting aside nearly $500 million for a worst-case scenario if the courts uphold a court ruling earlier this year that a capital-gains tax deduction for Oklahoma-based companies is unconstitutional.

“We're not basing this budget off of something that could result either in a $120 million increase in available funds for the state or a possible reduction in funds and a deficit of $500 million,” said Senate Appropriations Committee Chairman Clark Jolley, R-Edmond.

“We think the capital-gains issue can be worked out separate from this budget and needs to be worked out separate fro this budget.”

The Oklahoma Tax Commission is appealing the Jan. 17 ruling by the Oklahoma Court of Civil Appeals.

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Estimates from the commission indicate the state could gain $123.7 million if individual deductions are ruled no longer deductible and gain $12.2 million if corporate deductions are no longer deductible.

However, the state could be responsible for paying up to $421.8 million to individuals and up to $61.2 million to corporations if the court would find the deduction is unconstitutional and ruled it retroactive to the last three years it has been in place, according to estimates.

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