Oklahoma Capital Gain Deduction (for corporations filing Form 512)
Extracted from PDF file 2023-oklahoma-form-561c.pdf, last modified December 2007Capital Gain Deduction (for corporations filing Form 512)
State of Oklahoma FORM Oklahoma Capital Gain Deduction for Corporations Filing Form 512 (Qualifying Assets Held for the Applicable 3 or 5 Year Period) 561-C 2 0 2 3 Federal Employer Identification Number Name as Shown on Return 1. List qualifying Oklahoma capital gains and losses, not included on lines 2 through 4 below. A1. Description of Property: A2. Oklahoma Location/Address or Federal ID Number: B. Date Acquired (mm/dd/yy) C. Date Sold or Disposed (mm/dd/yy) D. Proceeds (Sales Price) E. Cost or Other F. Gain or (Loss) Basis Minus Allocated/ Adjustments Apportioned to to Gain or Loss Oklahoma B. Date Acquired (mm/dd/yy) C. Date Sold or Disposed (mm/dd/yy) D. Proceeds (Sales Price) E. Cost or Other F. Gain or (Loss) Basis Minus Allocated/ Adjustments Apportioned to to Gain or Loss Oklahoma B. Date Acquired (mm/dd/yy) C. Date Sold or Disposed (mm/dd/yy) D. Proceeds (Sales Price) E. Cost or Other F. Gain or (Loss) Basis Minus Allocated/ Adjustments Apportioned to to Gain or Loss Oklahoma A3. Type of property sold: (see instructions) A1. Description of Property: A2. Oklahoma Location/Address or Federal ID Number: A3. Type of property sold: (see instructions) A1. Description of Property: A2. Oklahoma Location/Address or Federal ID Number: A3. Type of property sold: (see instructions) 2. Qualifying Oklahoma net capital gain from sale of business property reported on Federal Schedule D, line 11. (Provide Federal Form 4797.) Type of property sold (See instructions)............. ...... 2 3. Qualifying Oklahoma capital gain from installment sales reported on Federal Schedule D, line 12. (Provide Federal Form 6252.) Type of property sold (See instructions)............. ...... 3 4. Qualifying Oklahoma net capital gain or (loss) from like-kind exchanges reported on Federal Schedule D, line 13. (Provide Federal Form 8824.) Type of property sold (See instructions)............. ...... 4 5. Add amounts in column F on line 1 and lines 2 through 4............................................................................ 5 6. Qualifying Oklahoma capital loss carryover reported on Federal Schedule D, line 6 (See instructions).......................................................................................................................................... 6 7. Qualifying Oklahoma net capital gain. Subtract line 6 from line 5. (If zero or less, enter “0”.).............................................................................................................................. 7 8. Net capital gain apportioned and/or allocated to Oklahoma......................................................................... 8 9. Oklahoma Capital Gain Deduction. Enter the smaller of lines 7 or 8 here and on Form 512, Part 1, column B, line 25 or on Part 2, line 6d. (Do not enter less than zero.).......................................................... 9 Provide Federal Form 1120, Schedule D and Form(s) 8949. 2023 Form 561-C - Page 2 Oklahoma Capital Gain Deduction for Corporations Filing Form 512 68 OS Sec. 2358 and Rule 710:50-15-48 General Information Corporate taxpayers can deduct qualifying gains receiving capital gain treatment that are included in Federal taxable income. “Qualifying gains receiving capital treatment” means the amount of net capital gains, as defined under Internal Revenue Code Section 1222(11). The qualifying gain must be earned: 1. By the corporation on real or tangible personal property located within Oklahoma that has been owned for at least five uninterrupted years prior to the date of the transaction that gave rise to the capital gain; 2. On the sale of stock or an ownership interest in an Oklahoma company, limited liability company, or partnership where such stock or ownership interest has been owned for at least three uninterrupted years prior to the date of the transaction that gave rise to the capital gain; or 3. On the sale of real property, tangible personal property or intangible personal property located within Oklahoma as part of the sale of all or substantially all of the assets of an Oklahoma company, limited liability company, or partnership where such property has been directly or indirectly owned by such entity or owned by the owners of such entity, and used in or derived from such entity for a period of at least three uninterrupted years prior to the date of the transaction that gave rise to the capital gain. An Oklahoma company, limited liability company or partnership is an entity whose primary headquarters has been located in Oklahoma for at least three uninterrupted years prior to the date of sale. A capital loss carryover from qualified property reduces the current year gains from eligible property. Pass-through entities... Capital gain from qualifying property, as described above, held by a pass-through entity (PTE) is eligible for the Oklahoma capital gain deduction, provided the corporation has been a member of the PTE for an uninterrupted period of the applicable three or five years and the PTE has held the asset for not less than the applicable three or five uninterrupted years prior to the date of the transaction that created the capital gain. The type of asset sold, as shown in 1-3 above, determines whether the applicable number of uninterrupted years is three or five. The PTE must provide supplemental information to the corporation identifying the pass-through of qualifying capital gains. NOTE: If you are a member, either directly or indirectly, of an electing PTE the capital gain/loss from the PTE which is covered by the election pursuant to the provisions of the Pass-Through Entity Act of 2019 is not entered on this form to compute your Oklahoma Capital Gain Deduction. The gain/loss will be entered on the PTE’s Oklahoma Capital Gain Deduction form, Form 561-PTE. Installment sales... Qualifying gains included in a corporate taxpayer’s Federal taxable income for the current year, which are derived from installment sales, are eligible for exclusion provided the appropriate holding periods are met. Specific Instructions Lines 1-4: Type of Property Sold Enter the number in the box that corresponds to the type of property sold: 1. The sale of stock in a qualified Oklahoma corporation. 2. The sale of an ownership interest in a qualified Oklahoma company, limited liability company, or partnership. 3. The sale of qualified real property located within Oklahoma. 4. The sale of qualified tangible personal property located within Oklahoma. 5. The sale of qualified intangible personal property located within Oklahoma as part of the sale of all or substantially all of the assets of an Oklahoma company, limited liability company or partnership. 99. For lines 2-4, enter a “99” if the net gain/loss is from the sale of more than one type of property. Lines 1 - 7 are used to determine the qualifying Oklahoma net capital gain. The qualifying Oklahoma net capital gain is the long-term gains from qualifying Oklahoma property minus long-term losses from qualifying Oklahoma property which were allocated or apportioned to Oklahoma. Line 8 is the net capital gain. Net capital gain is the excess of the net longterm capital gain over the net short-term capital loss allocated or apportioned to Oklahoma. The Oklahoma Capital Gain Deduction cannot exceed this amount. NOTE: If less than 100% of a capital gain or loss has been apportioned to Oklahoma, include only such portion in Column F. For example, on Form 512, Part 2, a corporation apportions 43% of the capital gain/loss to Oklahoma (based on the apportionment formula), it would then include 43% of the gain/loss. However, if 100% of the gain/loss was allocated to Oklahoma, then include 100% of such gain/loss. 2023 Form 561-C - Page 3 Oklahoma Capital Gain Deduction for Corporations Filing Form 512 68 OS Sec. 2358 and Rule 710:50-15-48 Specific Instructions - continued Line 1: List qualifying Oklahoma capital gains and losses from the Federal Form(s) 8949, Part II or from Federal Schedule D, line 8a. Provide a copy of Form(s) 1099-B if the qualifying Oklahoma capital gain or loss is reported on Federal Schedule D, line 8a. In Column A, line A1 enter the description of the property as shown on Federal Form 8949, Column a or on Form 1099-B. On line A2 enter either the Oklahoma location/address of the real or tangible personal property sold or the Federal Identification Number of the company, limited liability company or partnership whose stock or ownership interest was sold. Complete Columns B through E using the information from Federal Form 8949, Columns b through g or from Form 1099-B. In Column F enter the qualifying Oklahoma capital gain or loss allocated or apportioned to Oklahoma. Do not include gains and losses reported on Form 561-C lines 2 through 4. Line 2: Enter the qualifying Oklahoma net capital gain allocated or apportioned to Oklahoma that was reported on Federal Schedule D, from the Federal Form 4797. Provide a copy of the Federal Form 4797. Line 3: If Federal Form 6252 was used to report the installment method for gain on the sale of eligible property on the Federal return, compute the capital gain deduction using the current year’s taxable portion of the installment payment that was allocated or apportioned to Oklahoma. Provide Federal Form 6252. Capital gain from an installment sale is eligible for the Oklahoma capital gain deduction provided the property was held for the appropriate holding period as of the date sold. Line 4: Enter the qualifying Oklahoma net capital gain or loss allocated or apportioned to Oklahoma that was reported on Federal Schedule D, line 13. Provide a copy of the Federal Form 8824. Line 6: Enter the total qualifying Oklahoma capital loss, carried over/back from another year’s return, allocated or apportioned to Oklahoma that was reported on Federal Schedule D, line 6. Line 8: The Oklahoma capital gain deduction may not exceed the portion of the net capital gain allocated or apportioned to Oklahoma. The term “net capital gain” means the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for such year. If there is a net capital loss, enter “0”.
2023 Form 561-C Oklahoma Capital Gain Deduction for Corporations Filing Form 512
More about the Oklahoma Form 561C Corporate Income Tax TY 2023
We last updated the Capital Gain Deduction (for corporations filing Form 512) in January 2024, so this is the latest version of Form 561C, fully updated for tax year 2023. You can download or print current or past-year PDFs of Form 561C directly from TaxFormFinder. You can print other Oklahoma tax forms here.
Other Oklahoma Corporate Income Tax Forms:
TaxFormFinder has an additional 54 Oklahoma income tax forms that you may need, plus all federal income tax forms.
Form Code | Form Name |
---|---|
Form 564 | Credit for Employees in the Aerospace Sector (you will also need Form 511CR) |
Form 500-A | Information Return |
Form 500B | Information Return - Report of Nonresident Member Income Tax Withheld |
Form 576 | Natural Disaster Tax Credit |
Form 501 | Annual Information Return (reconciliation for Forms 500, 500A and 500B) |
View all 55 Oklahoma Income Tax Forms
Form Sources:
Oklahoma usually releases forms for the current tax year between January and April. We last updated Oklahoma Form 561C from the Tax Commission in January 2024.
About the Corporate Income Tax
The IRS and most states require corporations to file an income tax return, with the exact filing requirements depending on the type of company.
Sole proprietorships or disregarded entities like LLCs are filed on Schedule C (or the state equivalent) of the owner's personal income tax return, flow-through entities like S Corporations or Partnerships are generally required to file an informational return equivilent to the IRS Form 1120S or Form 1065, and full corporations must file the equivalent of federal Form 1120 (and, unlike flow-through corporations, are often subject to a corporate tax liability).
Additional forms are available for a wide variety of specific entities and transactions including fiduciaries, nonprofits, and companies involved in other specific types of business.
Historical Past-Year Versions of Oklahoma Form 561C
We have a total of twelve past-year versions of Form 561C in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:
2023 Form 561-C Oklahoma Capital Gain Deduction for Corporations Filing Form 512
2022 Form 561-C Oklahoma Capital Gain Deduction for Corporations Filing Form 512
2021 Form 561-C Oklahoma Capital Gain Deduction for Corporations Filing Form 512
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