Oklahoma § 68-360.6 - Submission of information by stamping agents – Escrow

§ 68-360.6. Submission of information by stamping agents – Escrow

deposits.

A. Not later than twenty (20) calendar days after the end of

each calendar month, and more frequently if so directed by the

Oklahoma Tax Commission, each stamping agent shall submit any

information the Oklahoma Tax Commission requires to facilitate

compliance with the Master Settlement Agreement Complementary Act,

Oklahoma Statutes - Title 68. Revenue and Taxation

including, but not limited to, a list by brand families of the total

number of cigarettes, or in the case of roll-your-own tobacco, the

equivalent stick count, for which the stamping agent affixed stamps

during the previous calendar month or otherwise paid the tax due for

such cigarettes. The stamping agent shall maintain, and make

available to the Oklahoma Tax Commission and the Attorney General,

all invoices and documentation of sales of all nonparticipating

manufacturer cigarettes and any other information relied upon in

reporting to the Oklahoma Tax Commission for a period of five (5)

years.

B. The Oklahoma Tax Commission may disclose to the Attorney

General any information received under the Master Settlement

Agreement Complementary Act and requested by the Attorney General

for purposes of determining compliance with and enforcing the

provisions of the act. The Oklahoma Tax Commission and Attorney

General shall share with each other the information received under

the Master Settlement Agreement Complementary Act and may share the

information with other federal, state, or local agencies only for

purposes of enforcement or litigation of the act, the provisions of

Sections 600.21 through 600.23 of Title 37 of the Oklahoma Statutes,

corresponding laws of other states, and the Master Settlement

Agreement.

C. The Attorney General may require at any time from a

nonparticipating manufacturer proof, from the financial institution

in which the nonparticipating manufacturer has established a

qualified escrow fund for the purpose of compliance with the

provisions of Sections 600.21 through 600.23 of Title 37 of the

Oklahoma Statutes, of the amount of money in the fund, exclusive of

interest, the amount and date of each deposit to the fund, and the

amount and date of each withdrawal from the fund.

D. In addition to the information required to be submitted

pursuant to the Oklahoma Tax Commission, the Attorney General may

require a stamping agent or tobacco product manufacturer to submit

any additional information including, but not limited to, samples of

the packaging or labeling of each brand family, and proof of

compliance with laws and regulations regarding the manufacture,

labeling, importation, and exportation of cigarettes, as is

necessary to enable the Attorney General to determine whether a

tobacco product manufacturer is in compliance with the Master

Settlement Agreement Complementary Act. The Oklahoma Tax Commission

and the Attorney General may require production of information

sufficient to enable the Attorney General to determine the adequacy

of the amount of the installment deposit.

E. To promote compliance with the Master Settlement Agreement

Complementary Act, the Oklahoma Tax Commission, at the request of

the Attorney General, may promulgate rules requiring a tobacco

product manufacturer subject to the requirements of paragraph 2 of

Oklahoma Statutes - Title 68. Revenue and Taxation

subsection A of Section 600.23 of Title 37 of the Oklahoma Statutes

to make the escrow deposits required in quarterly installments

during the year in which the sales covered by the deposits are made.

Added by Laws 2004, c. 266, § 6, emerg. eff. May 6, 2004.