2015 Oklahoma Statutes
Title 68. Revenue and Taxation
§68-1367.1. Deduction for keeping records, filing reports and remitting tax when due.

A. For the purpose of compensating the seller or vendor in keeping sales tax records, filing reports and remitting the tax when due, a seller or vendor shall be allowed a deduction of one percent (1%) of the tax due under the applicable provisions of this title.

Such deduction shall not be allowed with respect to a direct payment permit.

B. No deductions from tax shall be allowed if any such report or payment of tax is delinquent; provided, the deduction shall be allowed if the Oklahoma Tax Commission determines that the reason that such report or payment of tax was delinquent was due to a tornado occurring in calendar year 2013 or any subsequent year for which a Presidential Major Disaster Declaration was issued or due to a tornado occurring in calendar year 2012 or in calendar year 2013 for which a Presidential Major Disaster Declaration was not issued.

C. Notwithstanding the formula provided by subsection A of this section, the deduction provided by this section shall be limited to a maximum of Two Thousand Five Hundred Dollars ($2,500.00) per month per sales tax permit. No such sales tax permit holder may change sales tax permit status in order to avoid the provisions of this subsection.

D. Notwithstanding any other provision of law, an amount equal to the excess of the amount calculated by the formula provided by subsection A of this section over the two-thousand-five-hundred-dollar limit provided by subsection C of this section shall be retained by the state as an administrative expense and deposited to the General Revenue Fund.

E. Notwithstanding the provisions of subsections A, B, C and D of this section, in the event that federal authority authorizes this state to require remote sellers to collect and remit sales and use taxes, the Oklahoma Tax Commission is authorized and directed to promulgate rules which provide for deductions in the amounts and subject to the limitations provided in the Streamlined Sales and Use Tax Agreement. All sellers or vendors shall be eligible for such deductions beginning on the date this state acquires such collection authority pursuant to federal authorization.

F. For purposes of this section, the term "remote seller" shall mean a seller that would not register to collect sales and use taxes in this state but for the ability of this state to require such remote seller to collect sales or use tax under federal authority.

Added by Laws 1993, c. 146, § 21. Amended by Laws 1996, c. 126, § 5, eff. Nov. 1, 1996; Laws 1999, c. 390, § 12, emerg. eff. June 8, 1999; Laws 2000, c. 314, § 19, eff. July 1, 2000; Laws 2003, c. 472, § 17, eff. Oct. 1, 2003; Laws 2004, c. 5, § 73, emerg. eff. March 1, 2004; Laws 2010, c. 412, § 14, eff. July 1, 2010; Laws 2013, c. 370, § 3, emerg. eff. May 29, 2013; Laws 2014, c. 215, § 3, emerg. eff. May 2, 2014; Laws 2014, c. 329, § 3, emerg. eff. May 23, 2014.

NOTE: Laws 2003, c. 374, § 3 repealed by Laws 2004, c. 5, § 74, emerg. eff. March 1, 2004.