Oklahoma § 68-1404.3 - Aircraft maintenance or manufacturing facilities Sales of computers, data processing equipment, related peripherals

§ 68-1404.3. Aircraft maintenance or manufacturing facilities Sales of computers, data processing equipment, related peripherals

and telephone, telegraph or telecommunications service or equipment

- Use tax refund - Computation of interest - Documentation of claims

- Filing of certification.

A. In order to administer the exemption for sales of computers,

data processing equipment, related peripherals and telephone,

telegraph or telecommunications service and equipment related

thereto to a qualified purchaser as provided by paragraph 11 of

Section 1357 of this title, as applicable to the use tax imposed by

law, there shall be made a use tax refund for state and local taxes

paid by a qualified purchaser for the purchase of such items.

B. The Oklahoma Tax Commission shall transfer each month from

use tax collected the amount which the Commission estimates to be

necessary to make the use tax refund provided by this section to an

account designated as the Commission determines.

C. Any refund shall be paid from the account prescribed by this

section at the time the claim for refund is approved by the Oklahoma

Tax Commission. The amount of the refund shall not exceed the total

state and local use taxes paid together with accrued interest upon

such total. The amount of interest paid to a qualified purchaser of

computers, data processing equipment, related peripherals and

telephone, telegraph or telecommunications service and equipment

related thereto upon the principal amount of any refund made to such

purchaser for purposes of administering the exemption provided by

paragraph 11 of Section 1357 of this title, shall be determined

according to the provisions of this subsection. For any month

during which the Oklahoma Tax Commission transfers a sum to the

account prescribed by subsection B of this section, the Commission

shall determine an interest rate by determining the rate of interest

paid for a three-months Treasury Bill of the United States

government as of the first working day of the month and such

interest rate shall accrue upon any amount transferred during the

month and upon the amounts previously transferred to the account

together with interest previously accrued upon such amounts.

D. The qualified purchaser of computers, data processing

equipment, related peripherals and telephone, telegraph or

telecommunications service and equipment related thereto shall file,

within thirty-six (36) months of the date of purchase, with the

Oklahoma Tax Commission the following documentation for any refund

claimed:

1. Affidavit of the purchaser that the amount of use tax

claimed has been remitted to the State of Oklahoma and that no

refund of the use tax paid has previously been requested;

2. In cases where the purchaser remitted the use tax to its

vendor, invoices indicating the amount of state and local use tax

paid and affidavit of each vendor that state and local use tax

Oklahoma Statutes - Title 68. Revenue and Taxation

billed to the purchaser has not been audited, rebated, or refunded

to the purchaser but rather the use tax charged has been collected

by the vendor and remitted to the Oklahoma Tax Commission; and

3. All additional documentation required to be submitted

pursuant to rules promulgated by the Oklahoma Tax Commission.

E. Only sales of computers, data processing equipment, related

peripherals and telephone, telegraph or telecommunications service

and equipment may qualify for the refund established by this

section, provided the total cost of said equipment equals or exceeds

the sum of Two Million Dollars ($2,000,000.00) and occurs after the

effective date of this act.

F. The qualified purchaser shall file, within sixty (60) months

of the date of the first purchase, with the Oklahoma Tax Commission

a certification issued by the Oklahoma Employment Security

Commission in order to qualify for the refund authorized by this

section.

Added by Laws 1991, 1st Ex. Sess., c. 2, § 9, emerg. eff. Jan. 18,

1991. Amended by Laws 1993, c. 275, § 16, eff. July 1, 1993.