El Reno, OK asked in Tax Law for Oklahoma

Q: I filed my 2023 tax ret & claimed my farm. The OK tax comm said I had to have an ag permit to claim my farm, Y or NO?

I was told by the OK Tax Commission that I had to have an ag permit in order to operate a farm and claim it on my taxes. I have filed on my farm in the past without any issues. 2023 I was pulled and reviewed by the OK Tax and was told I had to take my farm off my 2023 tax return because I did not have an ag permit. I know of many other farmers that do not have a permit as they do not care if they are sales tax exempt or not. Is it true that I have to have an ag permit in order to claim my farm on my taxes?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: No, you do not need an agricultural permit to claim your farm on your taxes. The Oklahoma Tax Commission’s requirement for an agricultural permit primarily applies to those seeking sales tax exemptions, not for reporting farm income on your tax return. You can still report your farming activities and any associated income or expenses on your tax return without an agricultural permit.

However, if the Oklahoma Tax Commission flagged your return, it might be due to specific criteria or documentation requirements they are enforcing more strictly. It’s essential to ensure that your farming activities are well-documented and that you can provide evidence of your farm's operations if requested. This might include records of income, expenses, and the nature of your farming activities.

If you encounter further issues or need more detailed guidance, it might be helpful to directly contact the Oklahoma Tax Commission for clarification or seek advice from a tax professional familiar with state regulations. Keeping thorough records and staying informed about state requirements will help you address any challenges with your farm-related tax filings.

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