2022 Oklahoma Statutes
Title 68. Revenue and Taxation
§68-403.1. Procedures for collection of certain payments in lieu of excise taxes and payment of excise taxes.
A. The Oklahoma Tax Commission is hereby authorized and empowered, if in its discretion it deems practical and reasonable, to establish procedures for payment of excise taxes levied in Section 400 et seq. of this title, for the collection from a wholesaler of payments in lieu of excise taxes authorized pursuant to a compact entered into by the State of Oklahoma and a federally recognized Indian tribe or nation pursuant to the provisions of subsection C of Section 346 of this title, in respect to articles containing tobacco, pursuant to monthly tobacco products tax reports. Provided, exercise by the Tax Commission of the authority granted herein shall be by adoption of rules necessary to establish procedures for collection of such tax through monthly reporting procedures consistent with the provisions of Section 400 et seq. of this title.
B. In the event the Tax Commission shall determine to collect such tax through monthly reporting procedures and adopt rules and regulations therefor:
1. All provisions of Section 400 et seq. of this title relating to untaxed tobacco products shall be interpreted to include and shall be applicable to all tobacco products for which the tax required by law has not been paid;
2. No person, retailer or wholesaler, as defined in Section 400 of this title, shall possess, sell, use, exchange, barter, give away or in any manner deal with any tobacco products within this state upon which such tax is levied and unpaid; and
3. Any wholesaler required to report and remit such taxes or payments in lieu of taxes required pursuant to a compact authorized by subsection C of Section 346 of this title to the Tax Commission shall be allowed a discount of two percent (2%) of the tax due for maintaining and collecting such tax or payments for the benefit of the state, if such tax or payment is timely reported and remitted.
Added by Laws 1980, c. 207, § 3, emerg. eff. May 29, 1980. Amended by Laws 1992, c. 339, § 18, eff. Jan. 1, 1993; Laws 2009, c. 434, § 15, eff. Jan. 1, 2010; Laws 2021, c. 385, § 12, eff. July 1, 2021.
