The Oklahoma BT 190 form, officially titled the Oklahoma Annual Business Activity Tax Return, is a requirement for every entity doing business within the state as of December 31st of the previous year and is subject to the annual Business Activity Tax. Key components of the form include determining net revenue, paying the Business Activity Tax, and allocations or apportionments for businesses operating both within and outside Oklahoma. For those preparing to file, it's critical to accurately complete each section to comply with state tax obligations.
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The Oklahoma Bt 190 form, commonly known as the "Oklahoma Annual Business Activity Tax Return," is a critical document for entities operating within the state. Encompassing various sections outlined under Title 68 O.S. Sections 1215 - 1228, this form seeks to capture comprehensive details about an entity's financial activities over the tax year. Entities ranging from Oklahoma and foreign corporations to limited partnerships and limited liability companies are mandated to file this form if they have been doing business in Oklahoma for more than a year as of December 31st. The form is due on July 1 following the tax year and covers multiple facets of business financials like net revenue computation, eligible deductions, and business activity tax obligations. Moreover, for businesses extending beyond Oklahoma borders, specific sections are dedicated to calculating net revenue allocated or apportioned to Oklahoma, ensuring accurate taxation based on business operations within the state. Additionally, the form instructs on excluded revenues and provides a segment for listing responsible parties, augmenting its role as a comprehensive tool for business tax compliance in Oklahoma.
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BAT
Oklahoma Annual Business Activity Tax Return
Title 68 O.S. Sections 1215 - 1228
Taxpayer FEIN
Name
Address
City, State and Zip
Form BT-190 - Tax year 2010
Check this box if you began doing business
in Oklahoma during 2010 .................................................
NAICS Code
If using Part 6 to compute Consolidated/Combined Net Revenue,
enter in the box the number of entities included in this part ............
ENTITy TypE:
OklAhOmA CORPORATION
gENERAl PARTNERShIP
FOREIgN CORPORATION
lImITED PARTNERShIP
lImITED lIABIlITy COmPANy
TRUST/ESTATE
General Information
Every entity doing business in Oklahoma is required to ile Form BT-190 “Oklahoma Annual Business Activity Tax Return”. If you have been doing business in Oklahoma for more than 1 year, as of December 31st, you are subject to the annual Business Activity Tax. This return is due July 1, 2011.
Part 1 - Part 1 is used to determine the net revenue of your business. Part 2 - Part 2 is used to pay your Business Activity Tax.
Part 3 - If your business is not 100% Oklahoma, Part 3 is used to determine the net revenue allocated or apportioned to Oklahoma. Part 4 - Excluded Revenue.
Part 5 - Responsible Party listings.
Part 6 - Part 6 is used if electing to compute net revenue on a consolidated or combined basis.
Part 1 - Income and Deductions Allocated or Apportioned to Oklahoma
1
2
3
Total Revenue
Allowable Ordinary Trade or Business Expenses
Net Revenue (line 1 minus line 2 or from Part 6)
Round to Nearest Whole Dollar
00
If your business was not 100% Oklahoma, see Part 3 on page 2 before completing Part 1. For a multi-state business, Part 3 is used to determine the revenue and expenses allocated or apportioned to Oklahoma.
Part 2 - Business Activity Tax
Tax (see instructions)
=
Registered Agent Fee ($100.00 - See instructions)
+
Interest (1.25% per month if not paid by September 15th)
4
Penalty (10% if not paid by September 15th)
5
Total Due
Signature: Under penalties of perjury, I declare that I have examined this return, including any accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. If prepared by person other than the taxpayer, this declaration is based on all information of which preparer has any knowledge.
Signature of Responsible Party
Date
Title
Signature of Preparer
Printed Name
Preparer’s Address
Phone Number
(
)
Form BT-190 - Page 2
OKLAHOMA ANNUAL BUSINESS ACTIVITY TAX RETURN
Taxpayer Name:
Taxpayer FEIN:
PART 3 - MULTI-STATE BUSINESS: (For a business that was not 100% Oklahoma)
Complete the appropriate Section, A or B, applicable to your multi-state business. If iling consolidated/combined (Part 6), complete Section A or B for each entity, as applicable.
SECTION A: A NON-UNITARY BUSINESS (DIRECTLY ALLOCABLE INCOME)
(you must enclose a schedule showing your computations)
Indicate the method used to allocate expenses to Oklahoma: ___________________________________________
Or
SECTION B: A UNITARY BUSINESS (APPORTIONABLE INCOME) - Apportionment Formula Worksheet
6
7
8
9
10
Value of real and tangible personal property used in
Column A
Column B
Column C
Column D
the unitary business (by averaging the value at the
Total Within
Total Within and
A divided by B
Apportioned to
beginning and ending of the tax period).
Oklahoma
Without Oklahoma
%
(a) Owned property (at original cost):
(I) Inventories
1aI
(II) Depreciable property
1aII
(III) land
1aIII
(IV) Total of section “a”
1aIV
(b)Rented property (capitalize at 8 times net rental paid) .1b
(c) Total of sections “a” and “b” above
1c
X10%
(a) Payroll
2a
(b) Less: Oficer salaries
2b
......(c) Total (subtract oficer salaries from payroll)
2c
X80%
Apportionment Factor (sum of percentages in Column D)
Total Revenue (from line 3, Column B above)
($)
Apportioned Factor (percentage from line 4 above)
(%)
Total Revenue apportioned to Oklahoma (multiply line 5 by line 6; enter here and on Part 1, line 1)
.........7
Total allowable ordinary trade or business expense(s)
Apportionment Factor (percentage from line 4 above)
..............Expenses apportioned to Oklahoma (multiply line 8 by line 9; enter here and on Part 1, line 2)
PART 4 - EXCLUDED REVENUE:
If iling consolidated/combined (Part 6), complete Part 4 for each entity, as applicable.
Interest
Dividends and Distributions
Real Estate Rentals
mineral Rights
Net Capital gains
Compensation
Total Amount of Revenue excluded from Part 1, line 1 “Total Revenue”
Form BT-190 - Page 3
Part 5 - Responsible Party Listings
If iling consolidated/combined (Part 6), complete Part 5 for each entity, as applicable.
Responsible Party Information
Enter the Responsible Party. Responsible parties are oficers, members, partners or registered agents as may be applicable as of the last day of the calendar year.
Name (irst name, middle initial, last name) or Entity Name
Social Security Number/FEIN
home Address (street and number)
Daytime Phone (area code and number)
City, State, Zip
Form BT-190 - Page 4
Part 6 - Computation of Oklahoma Consolidated/Combined Net Revenue - Part 1, line 3
COMPUTE NET REVENUE:
Name of Corporations Included
Federal
NAICS
Total
Allowable
in the Consolidated/Combined
Id
Code
Revenue
Ordinary Trade
Net
Return (If more space is needed attach a
Number
or Business
supplemental schedule)
Expenses
Total from Supplemental Schedule
Total Revenue (1), Total Allowable Ordinary Trade or
1)
2)
3)
Business Expenses (2) and Total Oklahoma Net
Revenue (3) (Enter here and on the applicable lines in Part 1).
Instructions
All entities doing business in Oklahoma for more than one year are subject to the Business Activity Tax. All Corporations,
limited liability Companies and Partnerships, regardless of length of time doing business in Oklahoma, must complete and ile Form BT-190. Business Trusts must also complete and ile Form BT-190.
The North American Industry Classiication System (NAICS) Code is the six digit code on your federal income tax return.
PART 1 - INCOME AND DEDUCTION ALLOCATED OR APPORTIONED TO OKLAHOMA:
For some business entities all of the business is in Oklahoma. If your business is conducted both within and without Oklahoma, refer to Part 3 to compute income and deductions.
(Instructions continued on page 5)
Form BT-190 - Page 5
PART 1 - INCOME AND DEDUCTION ALLOCATED OR APPORTIONED TO OKLAHOMA (CONTINUED)
line 1 - Total Revenue:
Enter the gross income from your last iled Federal income tax return. Do not include the following in Total Revenue:
1.interest, except interest from credit sales,
2.dividends and distributions received from corporations, and distributive or proportionate shares of total receipts and other income from a pass-through entity as deined under Section 2385.29 of Title 68 of the Oklahoma
Statutes,
3.real estate rentals,
4.royalty interests or working interests in mineral rights,
5.net capital gains, as deined in Section 1222(11) of the Internal Revenue Code, included in the federal income tax return of a person, and
6.compensation, whether current or deferred, and whether in cash or in kind, received or to be received by an employee, former employee, or the employee’s legal successor for services rendered to or for an employer, including reimbursements received by or for an individual for medical or education expenses, health insurance premiums, or employee expenses, or on account of a dependent care spending account, legal services plan, any cafeteria plan described in section 125 of the Internal Revenue Code, or any similar employee reimbursement.
The above items of excluded revenue must be reported in Part 4 – Excluded Revenue.
line 2 - Allowable Ordinary Trade or Business Expenses:
Enter all of the entity’s ordinary trade or business expenses including cost of goods sold. Do not include interest expense, income taxes, depreciation or amortization. Also, do not include any expenses attributable to tax-exempt income.
NOTE: If you are iling a consolidated/combined Business Activity Tax Return, Part 6 must be completed before Part 1.
PART 2 - BUSINESS ACTIVITY TAX:
line 1 - Tax:
For most entities iling this form, the Business Activity Tax is equal to the Franchise Tax that was due and payable July 1, 2010. Entities not subject to Franchise tax have a Business Activity Tax of $25. These entities include limited liability Companies, general Partnerships, limited Partnerships and Business Trusts.
line 2 - Registered Agent Fee:
When submitting the Business Activity Tax Return, foreign corporations must pay a $100 registered agent fee.
line 3 - Interest:
If this return is postmarked after September 15th, the tax is subject to 1.25% interest per month from the due date until it is paid. multiply the amount in Part 2, line 1 by .0125 for each month the report is late.
line 4 - Penalty:
If this return is postmarked after September 15th, the tax is subject to a penalty of 10%. multiply the amount in Part 2, line 1 by .10 to determine the penalty.
PART 3 - MULTI-STATE BUSINESS:
(If iling consolidated/combined [Part 6], complete Section A or B for each entity, as applicable.)
Section A - A Non-unitary Business (Directly allocable income):
If your business was conducted both within and without Oklahoma of a non-unitary character complete Part 1 by entering the revenue and expenses allocated to Oklahoma using the direct accounting method. Income (loss) must be allocated in accordance with the situs of the property. Overhead expenses are allocated on the basis of direct expense in Oklahoma to
the total direct expense everywhere. Indicate the method used to allocate expenses to Oklahoma and enclose a schedule of computations showing the computation for the revenue and expenses entered in Part 1 “Income and Deductions Allocated or Apportioned to Oklahoma”.
Section B - A Unitary Business (Apportionable income):
If your business was conducted both within and without Oklahoma of a unitary character complete Part 1 by entering the
revenue and expenses apportioned to Oklahoma. To determine the revenue and expenses apportioned to Oklahoma, per 68 O.S. Section 1226, irst complete the Apportionment Formula Worksheet to determine the apportionment factor. The apportionment factor will be multiplied by the total revenue and total expenses everywhere to determine the revenue and expenses to enter in Part 1 “Income and Deductions Allocated or Apportioned to Oklahoma”.
Form BT-190 - Page 6
PART 3 - MULTI-STATE BUSINESS (CONTINUED)
lines 1 and 2:
The Property and Payroll factors are determined as provided for in Title 68 O.S. Section 2358.
•Column A - Total Revenue within Oklahoma is your total revenue from activities performed in Oklahoma. See the instructions for Part 1, line 1 to determine “Total Revenue”.
•Column B - Total Revenue within and without Oklahoma is your total revenue from activities performed everywhere. See the instructions for Part 1, line 1 to determine “Total Revenue”.
line 8:
Enter the allowable ordinary trade or business expenses from your business activity both within and without Oklahoma. See the instructions for Part 1, line 2 to determine “allowable ordinary trade or business expenses”.
PART 4 - EXCLUDED REVENUE INSTRUCTIONS:
(If iling consolidated/combined [Part 6], complete Part 4 for each entity, as applicable.)
List separately each item of revenue not included in Part 1 “Total Revenue”. A list of excludable revenue is found in the
instructions for Part 1, line 1.
•If your business was 100% Oklahoma, enter the same amount in both columns.
•If your business was not 100% Oklahoma, enter the total amount of excludable revenue from your operations ev- erywhere in Column A. multiply the amount reported in Column A by the apportionment factor from Part 3, line 4 and enter the result in the Oklahoma column (Column B).
PART 5 - RESPONSIBLE PARTY INSTRUCTIONS:
(If iling consolidated/combined [Part 6], complete Part 5 for each entity, as applicable.)
•Corporations (Both C and Subchapter S) - Enter the current oficers effective as of December 31, 2010. Include name, title, address, phone number and Social Security Numbers/FEINs. Oficers include, but are not limited to, president, vice president, secretary and treasurer. list registered agent if applicable.
•limited liability Companies - Enter all current members of the limited liability Company effective as of December 31, 2010. Include name, title, address, phone number and Social Security Numbers/FEINs.
•Partnerships - Enter all current partners of the Partnership effective as of December 31, 2010. Include name, title, ad- dress, phone number and Social Security Numbers/FEINs.
•Business Trusts - Enter all current trustees and beneiciaries of the trust effective as of December 31, 2010. Include name, title, address, phone number and Social Security Numbers/FEINs.
please include Social Security Numbers of Responsible parties.
If non-resident oficer with no Social Security Number (SSN) note “NRA” for SSN.
710:1-3-6. Use of Federal Employer Identiication Numbers, Social Security Numbers mandatory.
All returns, applications, and forms required to be iled with the Oklahoma Tax Commission (Commission) in the adminis- tration of this State’s tax laws shall bear the Federal Employer’s Identiication Number(s) or the Social Security Ac- count Number (or both) of the person, irm, or corporation iling the item and of all persons required by law or agency rule to be named or listed. If more than one number has been issued to the person, irm, or corporation, then all numbers will be required. [Source: Amended at 16 Ok Reg 2628, eff 6-25-99]
710:1-3-8. Conidentiality of records.
All Federal Employer’s Identiication and/or Social Security Account Numbers are deemed to be included in the coniden-
tial records of the Commission.
If more space is needed attach a schedule.
This return must be iled by July 1, 2011.
Mail completed Form BT-190 to:
Oklahoma Tax Commission
Post Ofice Box 26930
Oklahoma City, OK 73126-0930
After determining your business activity in Oklahoma, the next critical step is completing the Oklahoma Annual Business Activity Tax Return, known as Form BT-190. This document is necessary for all entities that have conducted business within the state for more than one year and are thus subject to the annual Business Activity Tax. The deadline for submission is vital to note, as late submissions can incur penalties and interest. Carefully completing this form ensures compliance with Oklahoma tax obligations and prevents potential issues with the Oklahoma Tax Commission. Below is a step-by-step guide to assist in accurately filling out the form.
Once all parts of the form are completed, review your entries for accuracy. Remember, this form is your official declaration of business activity and tax liability in Oklahoma for the specified tax year. Timely and accurate completion and submission of the BT-190 form are paramount to meeting your tax obligations and avoiding penalties.
The form is due by July 1 following the tax year. For example, if reporting for the tax year 2010, the deadline for submission would be July 1, 2011.
All corporations, limited liability companies, partnerships, and business trusts doing business in Oklahoma must file this form. This includes both in-state and out-of-state (foreign) corporations.
The North American Industry Classification System (NAICS) Code is a six-digit code that categorizes your business according to its industry. It is used on federal income tax returns and must also be reported on your BT-190 form.
The Business Activity Tax is calculated based on the net revenue of your business, which is determined in Part 1 of the form. It involves subtracting allowable business expenses from total revenue.
Yes, certain types of revenue are excluded, such as interest (except on credit sales), dividends, real estate rentals, mineral rights, net capital gains, and compensation received by employees. These exclusions are detailed in Part 4 of the form.
Taxes and fees are due by September 15th following the tax year. If paid late, interest is charged at 1.25% per month, and a 10% penalty is applied to the amount due.
For businesses operating both within and outside Oklahoma, Part 3 of the form provides instructions for allocating or apportioning net revenue and deductions to Oklahoma based on the business's operations.
If electing to file on a consolidated or combined basis, you must complete Part 6 of the form. This part requires detailed income and deduction information for each entity included in the consolidated/combined return. The total allowable ordinary trade or business expenses and net revenue for these entities are then entered in Part 1.
When people fill out the Oklahoma BT-190 form, several common mistakes can occur. These errors can potentially lead to delays or complications in the processing of the form. Recognizing and avoiding these mistakes is crucial for ensuring the form is submitted accurately and efficiently.
Not checking the box to indicate that the business began operations in Oklahoma during the specified tax year if this is applicable. This oversight can lead to incorrect processing of when the business became liable for the Business Activity Tax.
Incorrectly entering or omitting the NAICS Code. The North American Industry Classification System (NAICS) Code is a critical piece of information that classifies the business according to its specific industry. Failure to include or incorrectly entering this six-digit code can impact the applicability of tax regulations to the entity.
Errors in calculating the net revenue in Part 1 due to either overestimating allowable ordinary trade or business expenses or not including all revenue. Accurate calculations are essential to determine the correct Business Activity Tax owed.
Omission of required sections for multi-state businesses on page 2 of the form. Businesses that operate both within and outside of Oklahoma must complete additional sections to determine the portion of net revenue and expenses allocable or apportionable to Oklahoma. Missing this information can result in inaccuracies in taxed income.
Failing to list all responsible parties in Part 5. The form specifically requires details for officers, members, partners, or registered agents as of the last calendar day of the year. Incomplete listings can lead to accountability issues or incomplete representation of the business entity’s responsible individuals.
In part 6, inaccurately reporting the information for corporations included in the Oklahoma Consolidated/Combined Net Revenue. This section is critical for those electing to compute net revenue on a consolidated or combined basis, and errors here can affect the total tax liability.
The above mistakes can significantly impact the accuracy of the Business Activity Tax Return and may lead to complications with tax liabilities. Careful attention to detail and thorough review before submission can help avoid these common errors.
When filing the Oklahoma BT-190 form, entities may need to include additional documents to provide a comprehensive overview of their business activities and financial standing for the tax period. These documents play a crucial role in ensuring accurate and complete tax reporting. Here is a rundown of other forms and documents often used alongside the Oklahoma BT-190 form:
In summary, when submitting the Oklahoma BT-190 form, it is critical to consider these additional documents as part of the entity's tax obligations. Properly completed and submitted, these forms ensure compliance with Oklahoma Tax Commission guidelines and help in accurate tax calculation. It's advisable to consult with a tax professional or accountant when preparing these documents to ensure they meet the necessary legal and financial standards.
The BT-190 form used in Oklahoma for Annual Business Activity Tax Return shares similar features with the IRS Form 1120, which is the U.S. Corporation Income Tax Return. Both forms require corporations to report their income, deductions, and taxes due for the year. The similarities lie in the structure of reporting the financial activities of a business entity within a fiscal year, including calculating net income after deductions and directly reporting it to state or federal tax authorities. However, the BT-190 is specifically tailored to Oklahoma's state tax requirements, whereas Form 1120 meets the federal tax obligations of a corporation.
Form 1065, U.S. Return of Partnership Income, is another document similar to the BT-190 as it is used by partnerships to report their financial activities. Like the Oklahoma BT-190, Form 1065 requires the listing of income, deductions, and the allocation of earnings to partners. The primary connection between these two forms is their purpose to report the entity's financial health, though one is for partnerships at the federal level and the other encompasses various business types at the state level in Oklahoma.
The Schedule K-1 (Form 1065) document also shares a resemblance with the BT-190 form in that both involve the distribution of earnings to members or partners of the entity. While the BT-190 includes sections for determining the business's net revenue, including income allocated or apportioned to Oklahoma, Schedule K-1 is more focused on reporting each partner's share of that income, deductions, and credits. Both play crucial roles in ensuring the proper reporting and taxation of income distributed among business owners or partners.
The Oklahoma Sales Tax Return is another form related to the BT-190, as both are involved in the state-level taxation processes for businesses operating within Oklahoma. While the Sales Tax Return focuses on the collection and remittance of sales tax collected from customers, the BT-190 addresses the broader aspect of the business's overall activity and income. The common ground they share is their contribution to fulfilling the state's tax requirements for business operations.
Lastly, the Form 1040 Schedule C, which is used by sole proprietors to report profits and losses from a business, parallels the BT-190 in terms of reporting business income and expenses. Both forms serve to calculate the net revenue gained from business activities over the fiscal year. While Schedule C is tailored for individuals operating a sole proprietorship and reports to the IRS, the BT-190 encompasses a broader range of entity types reporting their business activity within the state of Oklahoma. This demonstrates how various forms, despite different jurisdictions and specifics, work together to ensure comprehensive taxation across different business structures.
When filling out the Oklahoma BT-190 form, it's essential to navigate the process correctly to ensure compliance and accuracy in your business's annual Business Activity Tax Return. To help guide you through this process, here are four key do's and don'ts:
There are several misconceptions about the Oklahoma BT 190 form that need clarification. Understanding these misconceptions is crucial for businesses operating in Oklahoma to ensure compliance with state tax laws.
Misconception #1: The BT 190 form is only for corporations. This is not true. In addition to Oklahoma and foreign corporations, limited liability companies, general partnerships, limited partnerships, and trusts/estates are also required to file the BT 190 form. This broad applicability ensures that most entities engaging in business activities within the state are covered.
Misconception #2: New businesses in Oklahoma don't need to file the form in their first year. While it may seem logical, this is incorrect. Even businesses that began their operations in Oklahoma during the tax year are required to file Form BT-190. The form includes a specific box to check if this is the case, signaling the state's interest in capturing all business activities from the onset.
Misconception #3: The Business Activity Tax is the only fee due with the BT 190 form. Actually, foreign corporations must also pay a registered agent fee of $100.00 when submitting their Business Activity Tax Return. This additional fee is often overlooked but is mandatory for foreign entities operating in Oklahoma.
Misconception #4: Part 3 of the form is only for multi-state corporations. While Part 3 is indeed focused on businesses that are not 100% in Oklahoma, it is not limited to corporations. Any business entity operating both within and without Oklahoma must complete this section to apportion revenue and expenses correctly.
Misconception #5: All revenue is subject to the Business Activity Tax. This is a common misunderstanding. The form instructively excludes certain types of revenue, such as interest (except from credit sales), dividends and distributions from corporations, real estate rentals, and others outlined in the instructions. This distinction ensures that only the revenue relevant to business operations in Oklahoma is taxed.
Misconception #6: Penalties and interest apply only if the tax is unpaid. While penalties and interest indeed accrue for unpaid tax, it's essential to note that they begin to accumulate if the return is postmarked after September 15th, regardless of the payment status of the actual tax. This underscores the importance of timely filing irrespective of the business's ability to pay the total due at the time of filing.
Dispelling these misconceptions helps demystify the filing process for the Oklahoma BT 190 form, ensuring that businesses can comply accurately and avoid unnecessary penalties or fees.
Filing the Oklahoma BT-190 form, also known as the Oklahoma Annual Business Activity Tax Return, is a crucial step for certain entities operating within the state. Here are some key takeaways to understand this form better and ensure compliance:
Understanding and correctly filling out the BT-190 form ensures that entities are compliant with Oklahoma’s tax regulations, avoiding potential fines and legal hurdles. Always refer to the latest version of the form and seek assistance if you find the process challenging.
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