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

§ 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

Oklahoma Statutes - Title 68. Revenue and Taxation

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resale, manufacturing, or further processing, and withdrawn from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 in the calendar year

2013 or any subsequent year for which a Presidential Major Disaster

Declaration was issued or a tornado occurring in the calendar year

2012 or calendar year 2013 for which a Presidential Major Disaster

Declaration was not 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; Laws 2014, c. 215, § 2,

emerg. eff. May 2, 2014; Laws 2014, c. 329, § 2, emerg. eff. May 23,

2014.

NOTE: Laws 2003, c. 374, § 2 repealed by Laws 2004, c. 5, § 70,

emerg. eff. March 1, 2004.

Oklahoma Statutes - Title 68. Revenue and Taxation