Oklahoma § 17-327.2 - Duty to precollect assessment – Collection report

§ 17-327.2. Duty to precollect assessment – Collection report

A. It shall be the duty of every supplier, licensed importer or

any other appropriate person under this act to precollect and remit

any assessment so precollected pursuant to the provisions of this

act and Section 327.1 of this title and make and submit an

assessment collection report as required by this section.

B. 1. The assessment imposed pursuant to the provision of

Section 327.1 of this title shall be collected and remitted to the

Oklahoma Tax Commission at the same time and in the same manner as

Oklahoma Statutes - Title 17. Corporation Commission

provided by law for the collection and remission of tax levies upon

the sale of gasoline within this state. The basis for computation

of the amount due shall be one hundred percent (100%) of the net

gallonage reported to the Tax Commission for assessment.

2. Each supplier, licensed importer or other appropriate person

shall make and submit for each calendar month that the assessment is

imposed an itemized and verified assessment collection report

showing:

a.

the name of the supplier, licensed importer or other

appropriate person collecting the assessment,

b.

the total amount of motor fuel, diesel fuel and

blending materials sold during the preceding month,

c.

the total amount of assessments collected by the

supplier, licensed importer or other appropriate

person during the preceding month, and

d.

such further information the Tax Commission may

require to enable it to compute correctly and collect

the assessment made pursuant to this act.

The reports shall be filed at the same time and in like manner

as required for gasoline tax reports pursuant to this act.

C. Every supplier, licensed importer or other appropriate

person shall keep and preserve suitable records of the gross sales

of motor fuel, diesel fuel and blending materials, the assessment

collected and such other pertinent records and documents which may

be necessary to determine the amount of assessment due as will

substantiate and prove the accuracy of the reports. All the records

shall be preserved for a period of three (3) years, unless the Tax

Commission, in writing, has authorized their destruction or disposal

at an earlier date. The records shall be open for examination by

employees of the Tax Commission, the Corporation Commission or the

Oklahoma Department of Transportation in the performance of their

duties pursuant to law.

D. Any supplier, licensed importer or other appropriate person

who fails to comply with any provisions of this section shall pay a

penalty imposed by the Tax Commission. Any monies collected for

payment of the penalty shall be deposited in the same manner as the

assessments pursuant to the provisions of subsection B of this

section. The penalty shall be equal to ten percent (10%) of the

gross amount of the assessments received by the supplier, licensed

importer or other appropriate person for the report period that the

supplier, licensed importer or other appropriate person failed to

timely mail the required report or remit any monies collected

pursuant to the provisions of this act.

E. The Tax Commission shall keep a separate accounting of all

the monies received pursuant to this section and together with any

interests and penalties thereon shall deposit such monies monthly as

provided in subsection B of this section.

Oklahoma Statutes - Title 17. Corporation Commission

Added by Laws 2018, c. 27, § 26, eff. Nov. 1, 2018.

2019, c. 82, § 13, eff. July 1, 2019.

Amended by Laws