Oklahoma SB 9045: test for development

Bill Text

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STATE OF OKLAHOMA

1st Session of the 57th Legislature (2019)

SENATE BILL 9045 By: Daniels

AS INTRODUCED

An Act relating to sales and use tax; authorizing
specified deduction from sales tax due for seller or
vendor; prohibiting deduction under specified
circumstances and providing exception thereto;
limiting dollar amount of deduction; providing for
disposition of amounts in excess of limitation;
authorizing Oklahoma Tax Commission to promulgate
certain rules upon federal authority; defining term;
authorizing specified deduction from use tax due for
seller or vendor; providing for codification; and
providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1367.1.1 of Title 68, unless
there is created a duplication in numbering, reads as follows:
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 Title 68 of
the Oklahoma Statutes; provided, such deduction shall not be allowed
with respect to a direct payment permit.

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B. No deductions from tax shall be allowed if the filing of a
report or payment of tax is delinquent; provided, the deduction
shall be allowed if the Oklahoma Tax Commission determines that the
reason that delinquency was due to a tornado for which a
Presidential Major Disaster Declaration was 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. A sales tax permit holder shall not 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 through 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

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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.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1410.1.1 of Title 68, unless
there is created a duplication in numbering, reads as follows:
For the purpose of compensating the seller or vendor in keeping
use tax records, filing reports and remitting the tax when due, a
seller or vendor shall be allowed a deduction equal to the amount
provided for vendors under Section 1 of this act.
SECTION 3. This act shall become effective November 1, 2019.

57-1-15 JCR 10/1/2018 8:49:57 AM