Oklahoma § 68-1020 - Application of Sections 1017 to 1020

§ 68-1020. Application of Sections 1017 to 1020

A gross production tax equal to five percent (5%) of the gross

value of all ores bearing uranium, as that term is defined in the

preceding section, that are mined or produced in this state, is

hereby levied.

(a) The tax hereby levied shall apply and attach immediately

upon ore bearing uranium being mined or produced, provided the ore

is mined or produced for the purpose of obtaining uranium or is in

fact so used. The tax shall be measured by the gross value of the

ore at the time and place same is mined or produced.

(b) The payment of the taxes herein imposed shall be in full,

and in lieu of all taxes by the state, counties, cities, towns,

school districts and other municipalities upon any property rights

attached to or inherent in the right to ore upon producing leases

for the mining ores bearing uranium, upon the uranium rights and

privileges to the uranium aforesaid belonging or appertaining to

land, upon the machinery, appliances and equipment used in and

around any mine producing ore and actually used in the operation of

such mine; and also upon the ores bearing uranium hereinbefore

mentioned during the tax year in which the same is produced, and

upon any investment in any of the leases, rights, privileges,

minerals or other property hereinbefore in this paragraph mentioned

or described; and any interest in the land, other than that herein

enumerated, and ores bearing uranium which are mined, (produced) and

on hand at the date as of which property is assessed for general and

ad valorem taxation for any subsequent tax year, shall be assessed

and taxed as other property within the taxing district in which such

property is situated at the time.

(c) No equipment, material or property shall be exempt from the

payment of ad valorem tax by reason of the payment of ad valorem tax

by reason of the payment of the gross production tax as herein

provided except such equipment, machinery, tools, materials or

property as is actually necessary and being used and in use in the

production of ores bearing uranium; and it is expressly declared

that no ice plants, hospitals, office buildings, garages,

residences, gasoline extractions or absorption plants, water

systems, fuel systems, rooming houses and other buildings, nor any

equipment or material used in connection therewith shall be exempt

from ad valorem tax.

Oklahoma Statutes - Title 68. Revenue and Taxation

(d) The State Board of Equalization, upon its own initiative,

may, and upon complaint of any person who claims that he is taxed

too great a rate hereunder shall, take testimony to determine

whether the taxes herein imposed are greater, or less, than the

general ad valorem tax for all purposes would be on the property of

such producer subject to taxation in the district or districts where

the same is situated and also the value of ore, or of the mining ore

rights, the machinery, equipment or appliances used in the actual

operation of in and around any such mine, the value of the ore

produced and any other element of value in lieu of which the tax

herein is levied. The said Board shall have power and it shall be

its duty to raise or lower the rate herein imposed to conform

thereto. An appeal may be had from the decision fo the State Board

of Equalization thereon, by any person aggrieved to the Supreme

Court, in like manner and with like effect as provided by law in

other appeals from said Board to said Court; provided, that after

such tax has been collected and distributed or paid without protest,

no complaint with reference to rate thereof shall be heard or

considered.

Laws 1963, c. 365, § 2; Laws 1965, c. 215, § 2.