Miscellaneous

Oklahoma Military Retirement Income Tax Exemption

All military retired pay is exempt from Oklahoma income tax from tax year 2022, at any age and any amount. The state veterans agency's own benefits page still describes the pre-2022 cap of the greater of 75 percent or $10,000.

Also called: 68 O.S. 2358(E)(18), military retirement, retired pay, 75 percent, $10,000, Form 511, Survivor Benefit Plan, tax year 2022.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

Title 68, section 2358, subsection E, paragraph 18: "For tax year 2022 and subsequent tax years, retirement benefits received by an individual from any component of the Armed Forces of the United States shall be exempt from taxable income." There is no age test, no cap and no residency period. It covers retired pay for active duty and for Guard and reserve service. What it replaced. For tax years 2006 through 2021 the exemption was the greater of 75 percent of the benefits or $10,000. The Oklahoma Department of Veterans Affairs benefits page still gives that as the rule: "Retirement benefits received by an individual from any component of the Armed Forces of the U.S. shall be exempt from taxable income in an amount not to exceed the greater of 75% of such benefits or $10,000." That has been out of date for five tax years. Rely on the statute and the current Form 511 instructions. Survivor annuities. The paragraph speaks of retirement benefits "received by an individual from any component of the Armed Forces". The Army benefits library says Survivor Benefit Plan annuities are exempt; the statute's words do not name them, so a surviving spouse should confirm with the Tax Commission how they are being treated in the current instructions. What is never taxed. VA disability compensation, dependency and indemnity compensation and combat-related disability pay are not in federal adjusted gross income, so Oklahoma never reaches them. Three versions, one rule. The 2025 edition prints section 2358 in three versions, from three 2024 acts. All three carry the same paragraph 18. Senate Bill 2184 of 2026 merged them, and House Bill 4432 of 2026, enacted over the Governor's veto, amends the section from 2027 for gambling losses without touching the military paragraphs.

Thresholds

Thresholds for Oklahoma Military Retirement Income Tax Exemption
GateRule
No age, cap or residency period68 O.S. § 2358(E)(18).

Sources

Legislation

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2026 Okla. Sess. Laws c. 217 (SB 2184) Merged the conflicting versions of the sales tax exemption, income tax adjustment and driver licence fee sections

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, date not recorded, step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

An annual cleanup act that amends one version of each multiply-enacted section and repeals the rest. It merged the five printed versions of 68 O.S. § 1357 into one whose paragraph 34 covers the unremarried spouse of a service member who died in the line of duty and excuses a veteran who previously received the sales tax exemption from registering with the Veterans Registry, and merged the three versions of 68 O.S. § 2358 and the four of 47 O.S. § 6-101 without changing the military retirement, military pay or 100 percent driver licence provisions. Signed May 6, 2026 with an emergency clause, so in force on approval.

Sponsors

  • HowardSenate
  • DuelHouse

Touches 68 O.S. § 1357 · 68 O.S. § 2358 · 47 O.S. § 6-101 · 47 O.S. § 1132

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.