Fill Your Oklahoma Bt 190 Form

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

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.

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.

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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

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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.

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Part 6 - Computation of Oklahoma Consolidated/Combined Net Revenue - Part 1, line 3

COMPUTE NET REVENUE:

OKLAHOMA ANNUAL BUSINESS ACTIVITY TAX RETURN

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)

Instructions

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”.

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