A. As soon as practicable after the end of the first complete calendar quarter following the start date, the proxy establishment shall file a claim for the payment with the Oklahoma Tax Commission and shall specify the actual number and gross payroll of new direct jobs of remote workers for the proxy establishment for the calendar quarter. The Tax Commission shall verify the actual gross payroll for new direct jobs for the proxy establishment for such calendar quarter. If the Tax Commission is not able to provide such verification utilizing all available resources, the Tax Commission may request such additional information from the proxy establishment as may be necessary or may request the proxy establishment to revise its claim. A proxy establishment may file for an extension of the initial filing date with the Oklahoma Department of Commerce. Any such extension shall be based solely upon an extraordinary adverse business circumstance which prevented the proxy establishment from attracting the remote workers in the new direct jobs as projected. If a proxy establishment fails to file claims as required by this section, it shall forfeit the right to receive any incentive payments after two (2) years from the start date. If an establishment has filed at least one claim pursuant to this section but fails to file another claim within two (2) years of the most recent claim, the Tax Commission, after consulting with the Department of Commerce, may dismiss the establishment from the program, forfeiting the establishment's right to receive incentive payments based on that contract.
B. If the actual verified gross payroll for four (4) consecutive calendar quarters does not equal or exceed the applicable total required by Section 4 of this act within twelve (12) months of the start date, or does not equal or exceed the applicable total required by Section 4 of this act at any other time during the ten-quarter period after the start date, the incentive payments shall not be made and shall not be resumed until such time as the actual verified gross payroll equals or exceeds the amounts specified in Section 4 of this act. If a proxy establishment fails to achieve the required gross payroll within twelve (12) months of the start date, the proxy establishment shall not make a new or renewal application for incentive payments authorized pursuant to the Oklahoma Remote Quality Jobs Incentive Act for a period of twelve (12) months from the last day of the last month of the ten-quarter period during which the required gross payroll amount was not achieved.
C. If the average annualized wage required for a proxy establishment does not equal or exceed the amount specified in paragraph 1 or 2 of subsection F of Section 3604 of Title 68 of the Oklahoma Statutes during any calendar quarter, the incentive payments shall not be made and shall not be resumed until such time as such requirements are met.
D. In no event shall incentive payments, cumulatively, exceed the estimated net direct state benefits or exceed the cumulative payments made by a proxy establishment to remote workers.
E. The proxy establishment shall be responsible for collecting payroll statements or other such documentation of withholding taxes paid to the State of Oklahoma from remote workers and shall submit that information to the Oklahoma Tax Commission.
Added by Laws 2021, c. 225, § 6, eff. July 1, 2021.