§ 68-1362. Remittance of tax - Tax brackets.

A. Except as otherwise provided by Section 1361 of this title, the tax levied pursuant to the provisions of the Oklahoma Sales Tax Code shall be remitted or paid to the Oklahoma Tax Commission by the vendor of tangible personal property, services, privileges, admissions, dues, fees, or any other item subject to the tax levied pursuant to the provisions of the Oklahoma Sales Tax Code.

B.  The amount of tax to be collected by the vendor or to be remitted by the holder of a direct payment permit on each sale shall be the applicable percentage of the gross receipts or gross proceeds thereof as provided by Section 1354 of this title.  The applicable percentage shall equal the combination of the state and any applicable municipal and county sales tax rates.  In computing the tax to be collected or remitted as the result of any transaction, the tax amount must be carried to the third decimal place when the tax amount is expressed in dollars.  The tax must be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four.  The vendor or direct payment permit holder may elect to compute the tax due on transactions on an item or invoice basis.

C.  For the convenience of the vendor or direct payment permit holder, the Tax Commission is hereby authorized to establish and revise, when necessary, bracket system guidelines to be followed in collecting the tax levied pursuant to the provisions of the Oklahoma Sales Tax Code, any municipal sales tax, or county sales tax.

The use of bracket system guidelines does not relieve the vendor or direct payment permit holder from the duty and liability to remit to the Tax Commission, an amount equal to the applicable percentage of the gross receipts or gross proceeds derived from all sales during the taxable period as provided by Section 1354 of this title.

D.  Except as otherwise provided by Section 1361 of this title, each person required pursuant to the provisions of the Oklahoma Sales Tax Code to make a sales tax report shall include in the gross proceeds derived from sales to consumers or users, the sales value of all tangible personal property which has been purchased for resale, manufacturing, or further processing, and withdrawn from stock in trade for use or consumption during the taxable period covered by such report, and shall pay the tax on the sales value of this tangible personal property withdrawn from stock in trade for consumption or use; provided, such tax shall not be due on such tangible personal property which has been donated for the purpose of assisting persons affected by the tornadoes occurring May 3, 1999, or May 8 or 9, 2003, or a tornado occurring in the calendar year 2013 for which a Presidential Major Disaster Declaration was issued.

E.  All persons, either within or without the state, selling merchandise or other tangible personal property in this state through peddlers, solicitors, or other salespersons who do not have established places of business in this state, shall remit or pay the tax levied pursuant to the provisions of the Oklahoma Sales Tax Code and shall be required to file reports and pay the taxes due on all sales made to consumers or users by themselves or by their peddlers, solicitors, or other salespersons.

F.  All persons defined as Group Five vendors remitting sales tax based upon use of motor fuel or diesel fuel as a sale shall include in a monthly sales tax report the number of gallons of fuel so used and the sales price of the motor fuel or diesel fuel.  The amount of tax to be remitted by the Group Five vendor shall be the applicable percentage as provided by Section 1354 of this title, of the sales price of the fuel used during the applicable reporting period.

Added by Laws 1981, c. 313, § 2, emerg. eff. June 29, 1981.  Amended by Laws 1984, c. 2, § 3, emerg. eff. Feb. 15, 1984; Laws 1985, c. 179, § 87, operative July 1, 1985; Laws 1987, c. 113, § 19, operative June 1, 1987; Laws 1989, c. 167, § 6, eff. July 1, 1989; Laws 1996, c. 126, § 3, eff. Nov. 1, 1996; Laws 1999, c. 390, § 11, emerg. eff. June 8, 1999; Laws 2003, c. 413, § 11, eff. Nov. 1, 2003; Laws 2004, c. 5, § 69, emerg. eff. March 1, 2004; Laws 2013, c. 370, § 2, emerg. eff. May 29, 2013.

Note

NOTE:  Laws 2003, c. 374, § 2 repealed by Laws 2004, c. 5, § 70, emerg. eff. March 1, 2004.