Oklahoma § 68-329 - Cost to wholesaler; meaning

§ 68-329. Cost to wholesaler; meaning

a. The term "cost to the wholesaler" shall mean the "basic cost

of cigarettes and tobacco products" to the wholesaler plus the "cost

of doing business by the wholesaler", as evidenced by the recognized

statistical and cost accounting practices in allocation of overhead

costs and expenses, paid or incurred, and must include, without

limitation, labor costs (including salaries or drawing accounts of

owners, salaries of executives and officers, or general and special

Oklahoma Statutes - Title 68. Revenue and Taxation

allocations and charges made by parent organizations), rent,

depreciation, selling costs, maintenance of equipment, delivery

costs, all types of licenses, taxes, insurances, and advertising,

and any other cost.

b. In the absence of proof of a lesser cost of doing business

by the wholesaler making the sale, the "cost of doing business by

the wholesaler" shall be presumed to be two per centum (2%) of the

"basic cost of cigarettes and tobacco products" to the wholesaler,

plus cartage to the retail trade, if performed or paid for by the

wholesaler, which cartage cost, in the absence of proof of a lesser

cost, shall be deemed to be three-fourths of one per centum (3/4 of

1%) of the "basic cost of cigarettes and tobacco products" to the

wholesaler.

Added by Laws 1949, p. 108, § 4, emerg. eff. May 31, 1949.

Renumbered from Title 15, § 599.4 by Laws 1981, c. 211, § 7, emerg.

eff. June 1, 1981.