Oklahoma § 68-708 - Exemptions from tax

§ 68-708. Exemptions from tax

The tax levied by this act shall not apply to:

1. Special fuel delivered into the supply tanks of or used by

motor vehicles owned by the United States of America. Provided this

exemption shall not apply to supply tank deliveries in Oklahoma

unless the special fuel dealer demands and receives of the purchaser

Oklahoma Statutes - Title 68. Revenue and Taxation

an exemption certificate of the kind and type prescribed and

furnished by the Comptroller General of the United States, and such

certificates shall be presented to the Tax Commission in lieu of the

tax only by the special fuel dealer handling and delivering such

special fuel;

2. Special fuel delivered into the supply tanks of farm

tractors and stationary engines owned and operated by the purchaser

of such special fuel and used exclusively for agricultural purposes

as such purposes and uses are defined and enumerated in paragraph 2

of Section 500.3 of this title;

3. Special fuel imported into Oklahoma in the fuel supply tanks

of motor vehicles commonly known and designated as automobiles, as

distinguished from truck-type vehicles, which are constructed for,

and being used solely for, the transportation of persons for

purposes other than for hire or compensation and provided that the

aggregate capacity of the fuel supply tank or tanks of any such

vehicle shall not exceed thirty (30) gallons;

4. Special fuel imported into Oklahoma in the fuel supply tank

or tanks of a motor vehicle when said supply tank or tanks and any

additional containers have an aggregate capacity of not more than

twenty-five (25) gallons and if such motor vehicle is not being used

as a common carrier of persons or property, a contract carrier of

persons or property, or as a private commercial carrier of property;

5. Special fuel imported into Oklahoma in the fuel supply tanks

of motor vehicles and used on the highways of this state in

importing or exporting livestock and farm products in the raw state,

including cotton, whether in the seed or ginned, and including

cottonseed and baled hay, when such commodities are moved from farm

to market, or from market to farm on a vehicle or on vehicles owned

and operated by a bona fide farmer not engaged in motor vehicle

transportation for hire or compensation;

6. Special fuel used exclusively in road machinery and

equipment built for and being used on location in the construction,

repair or maintenance of public highways, roads and bridges by road

contractors and by counties, cities and towns of this state,

provided, however, this exemption shall not apply to automobiles nor

to truck-type vehicles such as dump trucks, flatbed trucks and

pickup trucks;

7. Special fuel used exclusively in passenger motor buses or

coaches, having a seating capacity of ten or more persons, when such

fuel is purchased by and used exclusively in public transit systems

operated by any county, city, or town of this state, or by any

public trust created under the laws of this state of which a county,

city, or town of this state is the sole beneficiary thereof.

Provided this exemption shall be allowed only when supported by a

certificate executed by such city or trust on forms prescribed and

furnished by the Tax Commission;

Oklahoma Statutes - Title 68. Revenue and Taxation

8. Special fuel purchased by any county, city or town for use

as fuel to propel motor vehicles on the public roads and highways of

this state, when said vehicles are being operated for the sole

benefit of said county, city or town; provided that if the special

fuel is placed directly into the fuel supply tank or tanks of the

motor vehicle by the supplier, an exemption certificate must be

furnished to the supplier on forms prescribed and furnished by the

Tax Commission;

9. Special fuel purchased by any Oklahoma school district for

use as fuel to propel motor vehicles on the public roads and

highways of this state, when the vehicles are being operated for the

sole benefit of the school district, provided that if the special

fuel is placed directly into the fuel supply tank or tanks of the

motor vehicle by the supplier, an exemption certificate must be

furnished to the supplier on forms prescribed and furnished by the

Tax Commission; and

10. Motor fuels purchased by the Oklahoma Department of

Transportation for use as fuel to propel motor vehicles on the

public roads and highways of this state, when the vehicles are being

operated for the sole benefit of the Department of Transportation.

Added by Laws 1953, p. 382, § 8. Amended by Laws 1955, c. 383, § 2.

Renumbered from § 727.8 of this title by Laws 1965, c. 215, § 1.

Amended by Laws 1969, c. 111, § 1, operative May 1, 1969; Laws 1976,

c. 16, § 1, emerg. eff. Feb. 26, 1976; Laws 1997, c. 284, § 17, eff.

July 1, 1997; Laws 2001, c. 144, § 1, eff. Nov. 1, 2001.