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5 | - | An Act | |
6 | - | ENROLLED SENATE | |
7 | - | BILL NO. 1496 By: Stanley of the Senate | |
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28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 1496 By: Stanley of the Senate | |
8 | 31 | ||
9 | 32 | and | |
10 | 33 | ||
11 | 34 | Miller of the House | |
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14 | 37 | ||
15 | - | An Act relating to revenue and taxation; a mending 68 | |
38 | + | ||
39 | + | ||
40 | + | [ sales tax - exemptions for governmental and | |
41 | + | nonprofit entities - effective date ] | |
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46 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
47 | + | and insert: | |
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52 | + | "An Act relating to revenue and taxation; a mending 68 | |
16 | 53 | O.S. 2021, Section 1356, as last amended by Section | |
17 | 54 | 1, Chapter 539, O.S.L. 2021, which relates to | |
18 | 55 | exemptions from sales tax; conforming language; | |
19 | 56 | providing exemption for certain types of women's | |
20 | 57 | veterans organization; and providing an effective | |
21 | 58 | date. | |
22 | 59 | ||
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27 | 64 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
28 | - | ||
29 | 65 | SECTION 1. AMENDATORY 68 O.S. 2021, Section 1356 , as | |
30 | 66 | last amended by Section 1, C hapter 539, O.S.L. 2021, is amended to | |
31 | 67 | read as follows: | |
32 | 68 | ||
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33 | 94 | Section 1356. Exemptions - Governmental and nonprofit entities. | |
34 | - | ||
35 | 95 | There are hereby specifically exempted from the tax levied by | |
36 | 96 | Section 1350 et seq. of this title: | |
37 | - | ||
38 | 97 | 1. Sale of tangible personal proper ty or services to the United | |
39 | 98 | States government or to the State of Oklahoma this state, any | |
40 | 99 | political subdivision of this state , or any agency of a political | |
41 | 100 | subdivision of this state; provided, all sales to contractors in | |
42 | 101 | connection with the performance of any contract with the United | |
43 | 102 | States government, State of Oklahoma this state, or any of its | |
44 | 103 | political subdivisions shall not be exempted from the tax levied by | |
45 | 104 | Section 1350 et seq. of this title, except as hereinafter provided; | |
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49 | 105 | 2. Sales of property to ag ents appointed by or under contract | |
50 | 106 | with agencies or instrumentalities of the United States government | |
51 | 107 | if ownership and possession of such property transfers immediately | |
52 | 108 | to the United States government; | |
53 | - | ||
54 | 109 | 3. Sales of property to agents appointed by or under contract | |
55 | 110 | with a political subdivision of this state if the sale of such | |
56 | 111 | property is associated with the development of a qualified federal | |
57 | 112 | facility, as provided in the Oklahoma Federal Facilities Development | |
58 | 113 | Act, and if ownership and possession of such pr operty transfers | |
59 | 114 | immediately to the political subdivi sion or the state; | |
60 | - | ||
61 | 115 | 4. Sales made directly by county, district , or state fair | |
62 | 116 | authorities of this state, upon the premises of the fair authority, | |
63 | 117 | for the sole benefit of the fair authority or sales of ad mission | |
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64 | 144 | tickets to such fairs or fair events at any l ocation in the state | |
65 | 145 | authorized by county, district , or state fair authorities; provided, | |
66 | 146 | the exemption provided by this paragraph for admission tickets to | |
67 | 147 | fair events shall apply only to any portion of the admission price | |
68 | 148 | that is retained by or distribute d to the fair authority. As used | |
69 | 149 | in this paragraph, "fair event" shall be limited to an event held on | |
70 | 150 | the premises of the fair authority in conjunction with and during | |
71 | 151 | the time period of a county, distr ict, or state fair; | |
72 | - | ||
73 | 152 | 5. Sale of food in cafeterias or lunchrooms of elementary | |
74 | 153 | schools, high schools, colleges , or universities which are operated | |
75 | 154 | primarily for teachers and pupils and are not operated primarily for | |
76 | 155 | the public or for profit; | |
77 | - | ||
78 | 156 | 6. Dues paid to fraternal, religious, civic, charitable , or | |
79 | 157 | educational societies or organi zations by regular members thereof, | |
80 | 158 | provided, such societies or organizations operate under what is | |
81 | 159 | commonly termed the lodge plan or system, and provided such | |
82 | 160 | societies or organizations do not operate for a profit which inures | |
83 | 161 | to the benefit of any indivi dual member or members thereof to the | |
84 | 162 | exclusion of other members and dues paid monthly or annually to | |
85 | 163 | privately owned scientific and educational libraries by members | |
86 | 164 | sharing the use of services rendered by such libraries with studen ts | |
87 | 165 | interested in the stu dy of geology, petroleum engineering , or | |
88 | 166 | related subjects; | |
89 | 167 | ||
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92 | 193 | 7. Sale of tangible personal property or services to or by | |
93 | 194 | churches, except sales made in the course of business for p rofit or | |
94 | 195 | savings, competing with other persons engaged in the same, or a | |
95 | 196 | similar business or sale of tangible personal property or services | |
96 | 197 | by an organization exempt from federal income tax pursuant to | |
97 | 198 | Section 501(c)(3) of the Internal Revenue Code of 1986 , as amended, | |
98 | 199 | made on behalf of or at the request of a church or churches if t he | |
99 | 200 | sale of such property is conducted not more than once each calendar | |
100 | 201 | year for a period not to exceed three (3) days by the organization | |
101 | 202 | and proceeds from the sale of such prope rty are used by the church | |
102 | 203 | or churches or by the organ ization for charitable p urposes; | |
103 | - | ||
104 | 204 | 8. The amount of proceeds received from the sale of admission | |
105 | 205 | tickets which is separately stated on the ticket of admission for | |
106 | 206 | the repayment of money borrowed by any a ccredited state-supported | |
107 | 207 | college or university or any public trust of which a county in this | |
108 | 208 | state is the beneficiary, for the purpose of constructing or | |
109 | 209 | enlarging any facility to be used for the staging of an athletic | |
110 | 210 | event, a theatrical production, or a ny other form of entertainment, | |
111 | 211 | edification or cultura l cultivation to which e ntry is gained with a | |
112 | 212 | paid admission ticket. Such facilities include, but are not limited | |
113 | 213 | to, athletic fields, athletic stadiums, field houses, amphitheaters , | |
114 | 214 | and theaters. To be eligible for this sales tax exemption, the | |
115 | 215 | amount separately stated on the admission ticket shall be a | |
116 | 216 | surcharge which is imposed, collected , and used for the sole purpose | |
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117 | 243 | of servicing or aiding in the servicing of debt incurred by the | |
118 | 244 | college or university to effect the capital improvements | |
119 | 245 | hereinbefore described; | |
120 | - | ||
121 | 246 | 9. Sales of tangible personal property or services to the | |
122 | 247 | council organizations or similar state supervisory organizations of | |
123 | 248 | the Boy Scouts of America, Girl Scouts of U.S.A. , and Camp Fire USA; | |
124 | - | ||
125 | 249 | 10. Sale of tangible personal property or service s to any | |
126 | 250 | county, municipality, rural water district, public school district, | |
127 | 251 | city-county library system, the institutions of The Oklahoma State | |
128 | 252 | System of Higher Education, the Grand River Dam Authority, the | |
129 | 253 | Northeast Oklahoma Public Facilities Authority, t he Oklahoma | |
130 | 254 | Municipal Power Authority, City of Tulsa -Rogers County Port | |
131 | 255 | Authority, Muskogee City -County Port Authority, the Oklahoma | |
132 | 256 | Department of Veterans Affairs, the Broken Bow Economic Development | |
133 | 257 | Authority, Ardmore Development Authority, Durant Indust rial | |
134 | - | ||
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136 | 258 | Authority, Oklahoma Ordnance Works Authority, Central Oklahoma | |
137 | 259 | Master Conservancy District, Arbuckle Master Conservancy District, | |
138 | 260 | Fort Cobb Master Conservancy District, Foss Reservoir Master | |
139 | 261 | Conservancy District, Mountain Park Master Conservancy Distr ict, | |
140 | - | Waurika Lake Master Conservancy District and the Office of | |
141 | - | Management and Enterprise Services only when carrying out a public | |
142 | - | construction contract on behalf of the Oklahoma Department of | |
143 | - | Veterans Affairs, and effective July 1, 2022, the University | |
144 | - | Hospitals Trust, or to any pe rson with whom any of the above -named | |
145 | - | subdivisions or agencies of this state has duly entered into a | |
146 | - | public contract pursuant to law, necessary for carrying out such | |
147 | - | public contract or to any subcontractor to such a public contract. | |
148 | - | Any person making purc hases on behalf of such subdivision or agency | |
149 | - | of this state shall certi fy, in writing, on the copy of the invoice | |
150 | - | or sales ticket to be retained by the vendor that the purchases are | |
151 | - | made for and on behalf of such subdivision or agen cy of this state | |
152 | - | and set out the name of such public subdivision or agency. Any | |
153 | - | person who wrongfully or erroneously certifies that purchases are | |
154 | - | for any of the above -named subdivisions or agencies of this state or | |
155 | - | who otherwise violates this section shal l be guilty of a misdeme anor | |
156 | - | and upon conviction thereof shall be fined an amount equal to doub le | |
157 | - | the amount of sales tax involved or incarcerated for not more than | |
158 | - | sixty (60) days or both; | |
159 | - | ||
262 | + | Waurika Lake Master Conservancy District, the Office of Management | |
263 | + | and Enterprise Services only when carrying out a public construction | |
264 | + | contract on behalf of the Oklahoma Department of Veterans Aff airs, | |
265 | + | and effective July 1, 2022, the University Hospi tals Trust, or to | |
266 | + | any person with whom any of the above -named subdivisions or agencies | |
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293 | + | of this state has duly entered into a public contract pursuant to | |
294 | + | law, necessary for carrying out such public contr act or to any | |
295 | + | subcontractor to such a public contract. Any person making | |
296 | + | purchases on behalf of such subdivision or agency of this state | |
297 | + | shall certify, in writing, on the copy of the invoice or sales | |
298 | + | ticket to be retained by the vendor that the purchases are made for | |
299 | + | and on behalf of such subdivision or agen cy of this state and set | |
300 | + | out the name of such public subdivision or agency. Any person who | |
301 | + | wrongfully or erroneously certifies that purchases are for any of | |
302 | + | the above-named subdivisions or agencies of this state or who | |
303 | + | otherwise violates this section shal l be guilty of a misdeme anor and | |
304 | + | upon conviction thereof shall be fined an amount equal to double the | |
305 | + | amount of sales tax involved or incarcerated for not more than sixty | |
306 | + | (60) days or both; | |
160 | 307 | 11. Sales of tangible personal property or services to private | |
161 | 308 | institutions of higher edu cation and private elementary and | |
162 | 309 | secondary institutions of education accredited by the State | |
163 | 310 | Department of Education or registered by the State Board of | |
164 | 311 | Education for purposes o f participating in federal programs or | |
165 | 312 | accredited as defined by the Oklahoma S tate Regents for Higher | |
166 | 313 | Education which are exempt from taxation pursuant to the provisions | |
167 | 314 | of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) including | |
168 | 315 | materials, supplies, and equipment used in the construction and | |
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169 | 342 | improvement of buildings and ot her structures owned by the | |
170 | 343 | institutions and operated for educational purposes. | |
171 | - | ||
172 | 344 | Any person, firm, agency , or entity making purchases on behalf | |
173 | 345 | of any institution, agency or subdi vision in this state, shall | |
174 | 346 | certify in writing, on the copy of the invoice or sales ticket the | |
175 | 347 | nature of the purchases, and violation of this paragraph shall be a | |
176 | 348 | misdemeanor as set forth in paragraph 10 of this section; | |
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180 | 349 | 12. Tuition and educational fees p aid to private institutions | |
181 | 350 | of higher education and pr ivate elementary and sec ondary | |
182 | 351 | institutions of education accredited by the State Department of | |
183 | 352 | Education or registered by the State Board of Education for purposes | |
184 | 353 | of participating in federal programs o r accredited as defined by the | |
185 | 354 | Oklahoma State Regents for Higher Education whi ch are exempt from | |
186 | 355 | taxation pursuant to the provisions of the Internal Revenue Code, 26 | |
187 | 356 | U.S.C., Section 501(c)(3); | |
188 | - | ||
189 | 357 | 13. a. Sales of tangible personal property made by: | |
190 | - | ||
191 | 358 | (1) a public school, | |
192 | - | ||
193 | 359 | (2) a private school offering instruction fo r grade | |
194 | 360 | levels kindergarten through twelfth grade, | |
195 | - | ||
196 | 361 | (3) a public school district, | |
197 | - | ||
198 | 362 | (4) a public or private school board, | |
199 | - | ||
200 | 363 | (5) a public or private school student group or | |
201 | 364 | organization, | |
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202 | 390 | ||
203 | 391 | (6) a parent-teacher association or organization | |
204 | 392 | other than as specified in subparagraph b of this | |
205 | 393 | paragraph, or | |
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207 | 394 | (7) public or private school personnel for purposes | |
208 | 395 | of raising funds for the benefit of a public or | |
209 | 396 | private school, public school district, public or | |
210 | 397 | private school board, or public or private school | |
211 | 398 | student group or organization, or | |
212 | - | ||
213 | 399 | b. Sales of tangible personal property made by or to | |
214 | 400 | nonprofit parent-teacher associations or organizations | |
215 | 401 | exempt from taxation pursuant to the provisions of the | |
216 | 402 | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), | |
217 | 403 | nonprofit local public o r private school foundat ions | |
218 | 404 | which solicit money or property in the name of any | |
219 | 405 | public or private school or public school district. | |
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223 | 406 | The exemption provided by this paragraph for sales made by a | |
224 | 407 | public or private school shall be limited to those public or pr ivate | |
225 | 408 | schools accredited by the State Department of Education or | |
226 | 409 | registered by the State Board of Education for purposes of | |
227 | 410 | participating in federal programs. Sale of tangible personal | |
228 | 411 | property in this paragraph shall include sale of admission tickets | |
229 | 412 | and concessions at athletic events; | |
230 | - | ||
231 | 413 | 14. Sales of tangible personal property by: | |
232 | - | ||
233 | 414 | a. local 4-H clubs, | |
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235 | 441 | b. county, regional or state 4 -H councils, | |
236 | - | ||
237 | 442 | c. county, regional or state 4 -H committees, | |
238 | - | ||
239 | 443 | d. 4-H leader associations, | |
240 | - | ||
241 | 444 | e. county, regional or state 4 -H foundations, and | |
242 | - | ||
243 | 445 | f. authorized 4-H camps and training centers. | |
244 | - | ||
245 | 446 | The exemption provided by this paragraph shall be limited to | |
246 | 447 | sales for the purpose of raising funds for the benefit of such | |
247 | 448 | organizations. Sale of tangible personal property exempted by this | |
248 | 449 | paragraph shall include sale of ad mission tickets; | |
249 | - | ||
250 | 450 | 15. The first Seventy -five Thousand Dollars ($75,000.00) each | |
251 | 451 | year from sale of tickets and concessions at athletic events by each | |
252 | 452 | organization exempt from taxa tion pursuant to the provisions of the | |
253 | 453 | Internal Revenue Code, 26 U.S.C., Secti on 501(c)(4); | |
254 | - | ||
255 | 454 | 16. Sales of tangible personal property or services to any | |
256 | 455 | person with whom the Oklahoma Tourism and Recreation Department has | |
257 | 456 | entered into a public contract and w hich is necessary for carrying | |
258 | 457 | out such contract to as sist the Department in t he development and | |
259 | 458 | production of advertising, promotion, publicity , and public | |
260 | 459 | relations programs; | |
261 | - | ||
262 | 460 | 17. Sales of tangible personal property or services to fire | |
263 | 461 | departments organized pursuant to Section 592 of Title 18 of the | |
264 | 462 | Oklahoma Statutes which items a re to be used for the purposes of the | |
265 | - | ||
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267 | 463 | fire department. Any person making purchases on behalf of any such | |
268 | 464 | fire department shall certify, in writing, on the copy of the | |
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269 | 491 | invoice or sales ticket to be retained by the vendor that the | |
270 | 492 | purchases are made for and on behalf of such fire department and set | |
271 | 493 | out the name of such fire department. Any person who wrongfully or | |
272 | 494 | erroneously certifies that the purchases are for any such fire | |
273 | 495 | department or who otherwise violates the provisions of thi s section | |
274 | 496 | shall be deemed guilty of a misdemeanor and upon conviction thereof, | |
275 | 497 | shall be fined an amount equal to double the amount of sales tax | |
276 | 498 | involved or incarcerated for not more than sixty (60) days , or both; | |
277 | - | ||
278 | 499 | 18. Complimentary or free tickets for admi ssion to places of | |
279 | 500 | amusement, sports, entertainment, exhibition, display , or other | |
280 | 501 | recreational events or activities which are issued through a box | |
281 | 502 | office or other entity which is operated by a state in stitution of | |
282 | 503 | higher education with institutional emplo yees or by a municipalit y | |
283 | 504 | with municipal employees; | |
284 | - | ||
285 | 505 | 19. The first Fifteen Thousand Dollars ($15,000.00) each year | |
286 | 506 | from sales of tangible personal property by fire departments | |
287 | 507 | organized pursuant to Titles Title 11, 18, or 19 of the Oklahoma | |
288 | 508 | Statutes for the purp oses of raising funds fo r the benefit of the | |
289 | 509 | fire department. Fire departments selling tangible personal | |
290 | 510 | property for the purposes of raising funds shall be limited to no | |
291 | 511 | more than six (6) days e ach year to raise such funds in order to | |
292 | 512 | receive the exemption granted by this parag raph; | |
293 | - | ||
294 | 513 | 20. Sales of tangible personal property or services to any Boys | |
295 | 514 | & Girls Clubs of America affiliate in this state which is not | |
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296 | 541 | affiliated with the Salvation Army and which is exempt from taxation | |
297 | 542 | pursuant to the provisions of the Internal Revenue Cod e, 26 U.S.C., | |
298 | 543 | Section 501(c)(3); | |
299 | - | ||
300 | 544 | 21. Sales of tangible personal property or services to any | |
301 | 545 | organization, which takes court -adjudicated juveniles for purposes | |
302 | 546 | of rehabilitation, and which is exempt from taxation pursuant to the | |
303 | 547 | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
304 | 548 | 501(c)(3), provided that at least fifty percent (50%) of the | |
305 | 549 | juveniles served by such organization are court adjudicated and the | |
306 | 550 | organization receives state funds in an amount less than ten percent | |
307 | 551 | (10%) of the annual budge t of the organization; | |
308 | - | ||
309 | - | ||
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311 | 552 | 22. Sales of tangible personal property or services to: | |
312 | - | ||
313 | 553 | a. any health center as defined in Section 254b of Title | |
314 | 554 | 42 of the United States Code, | |
315 | - | ||
316 | 555 | b. any clinic receiving disbursements of state monies | |
317 | 556 | from the Indigent Health Care Revol ving Fund pursuant | |
318 | 557 | to the provisions of Section 66 of Title 56 of the | |
319 | 558 | Oklahoma Statutes, | |
320 | - | ||
321 | 559 | c. any community-based health center which meets all of | |
322 | 560 | the following criteria: | |
323 | - | ||
324 | 561 | (1) provides primary care services at no cost to the | |
325 | 562 | recipient, and | |
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326 | 588 | ||
327 | 589 | (2) is exempt from taxation pursuant to the | |
328 | 590 | provisions of Section 501(c)(3) of the Internal | |
329 | 591 | Revenue Code, 26 U.S.C., Section 501(c)(3), and | |
330 | - | ||
331 | 592 | d. any community mental health center as defined in | |
332 | 593 | Section 3-302 of Title 43A of the Oklahoma Statutes; | |
333 | - | ||
334 | 594 | 23. Dues or fees including fr ee or complimentary dues or fees | |
335 | 595 | which have a value equivalent to the charge that could have | |
336 | 596 | otherwise been made, to YMCAs, YWCAs , or municipally-owned | |
337 | 597 | recreation centers f or the use of facilities and programs; | |
338 | - | ||
339 | 598 | 24. The first Fiftee n Thousand Dollars ($15, 000.00) each year | |
340 | 599 | from sales of tangible personal property or services to or by a | |
341 | 600 | cultural organization established to sponsor and promote | |
342 | 601 | educational, charitable , and cultural events for disadvantaged | |
343 | 602 | children, and which organizati on is exempt from taxati on pursuant to | |
344 | 603 | the provisions of the Internal Revenue Code, 26 U.S.C., Section | |
345 | 604 | 501(c)(3); | |
346 | - | ||
347 | 605 | 25. Sales of tangible personal property or services to museums | |
348 | 606 | or other entities which have been accredited by the American | |
349 | 607 | Association of Museums. Any person makin g purchases on behalf of | |
350 | 608 | any such museum or other entity shall certify, in writing, on the | |
351 | 609 | copy of the invoice or sales ticket to be retained by the vendor | |
352 | 610 | that the purchases are made for and on behalf of such museum or | |
353 | - | ||
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355 | 611 | other entity and set out the name of such museum or other entity. | |
356 | 612 | Any person who wrongfully or erroneously certifies that the | |
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357 | 639 | purchases are for any such museum or other entity or who otherwise | |
358 | 640 | violates the provisions of this paragraph shall be deemed guilty of | |
359 | 641 | a misdemeanor and, upon convic tion thereof, shall be fined an amount | |
360 | 642 | equal to double the amount of sales tax involved or incarcerated for | |
361 | 643 | not more than sixty (60) days, or by both such fine and | |
362 | 644 | incarceration; | |
363 | - | ||
364 | 645 | 26. Sales of tickets for admission by any museum acc redited by | |
365 | 646 | the American Association of Museums. In order to be eligible for | |
366 | 647 | the exemption provided by this paragraph, an amount equivalent to | |
367 | 648 | the amount of the tax which would otherwise be requir ed to be | |
368 | 649 | collected pursuant to the provisions of Section 135 0 et seq. of this | |
369 | 650 | title shall be separately stated on the admission ticket and shall | |
370 | 651 | be collected and used for the sole purpose of servicing or aiding in | |
371 | 652 | the servicing of debt incurred by the muse um to effect the | |
372 | 653 | construction, enlarging or renovation of an y facility to be used fo r | |
373 | 654 | entertainment, edification , or cultural cultivation to which entry | |
374 | 655 | is gained with a paid admission ticket; | |
375 | - | ||
376 | 656 | 27. Sales of tangible personal property or services occurring | |
377 | 657 | on or after June 1, 1995, to children’s homes which are supp orted or | |
378 | 658 | sponsored by one or more churches, members of which serve as | |
379 | 659 | trustees of the home; | |
380 | - | ||
381 | 660 | 28. Sales of tangible personal property or services to the | |
382 | 661 | organization known as the Disabled American Veterans, Department of | |
383 | 662 | Oklahoma, Inc., and subordinate chap ters thereof; | |
384 | 663 | ||
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385 | 689 | 29. Sales of tangible personal property or services to youth | |
386 | 690 | camps which are supported or sponsored by one or more churches, | |
387 | 691 | members of which serve as trustees of the organization; | |
388 | - | ||
389 | 692 | 30. a. Until July 1, 2022, transfer of tangible personal | |
390 | 693 | property made pursuant to S ection 3226 of Title 63 of | |
391 | 694 | the Oklahoma Statutes by the University Hospitals | |
392 | 695 | Trust, and | |
393 | - | ||
394 | 696 | b. Effective July 1, 2022, transfer of tangible personal | |
395 | 697 | property or services to or by: | |
396 | - | ||
397 | - | ||
398 | - | ENR. S. B. NO. 1496 Page 10 | |
399 | 698 | (1) the University Hospitals Trust created pursuant | |
400 | 699 | to Section 3224 of Title 63 of the Oklahoma | |
401 | 700 | Statutes, or | |
402 | - | ||
403 | 701 | (2) nonprofit entities which are exempt from taxation | |
404 | 702 | pursuant to the provisions of the Internal | |
405 | 703 | Revenue Code of the United States, 26 U.S.C. , | |
406 | 704 | Section 501(c)(3), which have entered into a | |
407 | 705 | joint operating agreement with the Un iversity | |
408 | 706 | Hospitals Trust; | |
409 | - | ||
410 | 707 | 31. Sales of tangible personal property or services to a | |
411 | 708 | municipality, county , or school district pursuant to a lease or | |
412 | 709 | lease-purchase agreement executed between the vendor and a | |
413 | 710 | municipality, county , or school district. A copy of the lease or | |
414 | 711 | lease-purchase agreement shall be retained by the vendor; | |
415 | 712 | ||
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416 | 738 | 32. Sales of tangible personal property or services to any | |
417 | 739 | spaceport user, as defined in the Okl ahoma Space Industry | |
418 | 740 | Development Act; | |
419 | - | ||
420 | 741 | 33. The sale, use, st orage, consumption, or distribution in | |
421 | 742 | this state, whether by the importer, exporter , or another person, of | |
422 | 743 | any satellite or any associated launch vehicle including components | |
423 | 744 | of, and parts and mo tors for, any such satellite or launch vehicle, | |
424 | 745 | imported or caused to be imported in to this state for the purpose of | |
425 | 746 | export by means of launching into space. This exemption provided by | |
426 | 747 | this paragraph shall not be affected by: | |
427 | - | ||
428 | 748 | a. the destruction in whole o r in part of the satellite | |
429 | 749 | or launch vehicle, | |
430 | - | ||
431 | 750 | b. the failure of a launch to occur or be successful, or | |
432 | - | ||
433 | 751 | c. the absence of any transfer or title to, or possession | |
434 | 752 | of, the satellite or launch vehicle after launch; | |
435 | - | ||
436 | 753 | 34. The sale, lease, use, storage, consumpti on, or distribution | |
437 | 754 | in this state of any space facility, spa ce propulsion system or | |
438 | 755 | space vehicle, satellite , or station of any kind possessing space | |
439 | 756 | flight capacity including components thereof; | |
440 | - | ||
441 | - | ||
442 | - | ENR. S. B. NO. 1496 Page 11 | |
443 | 757 | 35. The sale, lease, use, storage, consumption , or distribution | |
444 | 758 | in this state of tangible personal property, placed on or used | |
445 | 759 | aboard any space facility, space propulsion system or space vehicle, | |
446 | 760 | satellite, or station possessing space flight capacity, which is | |
447 | 761 | launched into space, irrespective of whether such tang ible property | |
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448 | 788 | is returned to this state for subsequent use, storage, or | |
449 | 789 | consumption in any manner; | |
450 | - | ||
451 | 790 | 36. The sale, lease, use, storage, consumption , or distribution | |
452 | 791 | in this state of tangible personal property meeting the definition | |
453 | 792 | of "section 38 property" as defined in Sections 48(a)(1)(A) and | |
454 | 793 | (B)(i) of the Interna l Revenue Code of 1986, that is an integral | |
455 | 794 | part of and used primarily in support of space flight; however, | |
456 | 795 | section 38 property used in support of space flight shall not | |
457 | 796 | include general office equ ipment, any boat, mobile home, motor | |
458 | 797 | vehicle, or other vehicle of a class or type re quired to be | |
459 | 798 | registered, licensed, titled or documented in this state or by the | |
460 | 799 | United States government, or any other property not specifically | |
461 | 800 | suited to supporting space activity. The term "in support of space | |
462 | 801 | flight", for purposes of this paragraph, me ans the altering, | |
463 | 802 | monitoring, controlling, regulating, adjusting, servicing , or | |
464 | 803 | repairing of any space facility, space propulsion systems or space | |
465 | 804 | vehicle, satellite, or station possessing space flight capacity | |
466 | 805 | including the compone nts thereof; | |
467 | - | ||
468 | 806 | 37. The purchase or lease of machinery and equipment for use at | |
469 | 807 | a fixed location in this state, which is used exclusively in the | |
470 | 808 | manufacturing, processing, compounding , or producing of any space | |
471 | 809 | facility, space propulsion system or space vehi cle, satellite, or | |
472 | 810 | station of any kind possessing space flight capacity. Provided, the | |
473 | 811 | exemption provided for in this paragraph shall not be allowed unless | |
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474 | 838 | the purchaser or lessee signs an affida vit stating that the item or | |
475 | 839 | items to be exempted are for th e exclusive use designat ed herein. | |
476 | 840 | Any person furnishing a false affidavit to the vendor for the | |
477 | 841 | purpose of evading payment of any tax imposed by Section 1354 of | |
478 | 842 | this title shall be subject to th e penalties provided by law. As | |
479 | 843 | used in this paragraph, "ma chinery and equipment" m eans "section 38 | |
480 | 844 | property" as defined in Sections 48(a)(1)(A) and (B)(i) of the | |
481 | 845 | Internal Revenue Code of 1986, which is used as an integral part of | |
482 | 846 | the manufacturing, proce ssing, compounding, or producing of items of | |
483 | 847 | tangible personal property. Such term includes parts and | |
484 | - | ||
485 | - | ENR. S. B. NO. 1496 Page 12 | |
486 | 848 | accessories only to the extent that the exemption thereof is | |
487 | 849 | consistent with the provisions of this paragraph; | |
488 | - | ||
489 | 850 | 38. The amount of a surcharge or any othe r amount which is | |
490 | 851 | separately stated on an admission ticket w hich is imposed, collect ed | |
491 | 852 | and used for the sole purpose of constructing, remodeling , or | |
492 | 853 | enlarging facilities of a public trust having a municipality or | |
493 | 854 | county as its sole beneficiary; | |
494 | - | ||
495 | 855 | 39. Sales of tangible personal property or services which are | |
496 | 856 | directly used in or for the bene fit of a state park in this state, | |
497 | 857 | which are made to an organization which is exempt from taxation | |
498 | 858 | pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., | |
499 | 859 | Section 501(c)(3) and which is organized primarily for the purpos e | |
500 | 860 | of supporting one or m ore state parks located in this state; | |
501 | 861 | ||
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502 | 887 | 40. The sale, lease , or use of parking privileges by an | |
503 | 888 | institution of The Oklahoma State System of Higher Education; | |
504 | - | ||
505 | 889 | 41. Sales of tangible personal property or services for use on | |
506 | 890 | campus or school construction proj ects for the benefit of | |
507 | 891 | institutions of The Oklahoma State System of Higher Education, | |
508 | 892 | private institutions of higher education accredited by the Oklahoma | |
509 | 893 | State Regents for Higher Education, or any public school or school | |
510 | 894 | district when such projects are fi nanced by or through the use of | |
511 | 895 | nonprofit entities which are exempt from taxation pursuant to the | |
512 | 896 | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
513 | 897 | 501(c)(3); | |
514 | - | ||
515 | 898 | 42. Sales of tangible personal property or services by an | |
516 | 899 | organization which is exempt from taxation pursuant to the | |
517 | 900 | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
518 | 901 | 501(c)(3), in the course of conducting a national championship | |
519 | 902 | sports event, but only if all or a portion of the payment in | |
520 | 903 | exchange therefor would qualify as the re ceipt of a qualified | |
521 | 904 | sponsorship payment described in Internal Revenue Code, 26 U.S.C., | |
522 | 905 | Section 513(i). Sales exempted pursuant to this paragraph shall be | |
523 | 906 | exempt from all Oklahoma sales, use, excise , and gross receipts | |
524 | 907 | taxes; | |
525 | - | ||
526 | 908 | 43. Sales of tangible person al property or services to or by an | |
527 | 909 | organization which: | |
528 | 910 | ||
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530 | 935 | ||
531 | 936 | a. is exempt from taxation pursuant to the provisions of | |
532 | 937 | the Internal Revenue Code, 26 U.S.C., Section | |
533 | 938 | 501(c)(3), | |
534 | - | ||
535 | 939 | b. is affiliated with a comprehensive university within | |
536 | 940 | The Oklahoma State System of H igher Education, and | |
537 | - | ||
538 | 941 | c. has been organized primarily for the purpose of | |
539 | 942 | providing education and teacher training and | |
540 | 943 | conducting events relating to robotics; | |
541 | - | ||
542 | 944 | 44. The first Fifteen Thousand Dollars ($15,000.00) each year | |
543 | 945 | from sales of tangible personal prop erty to or by youth athletic | |
544 | 946 | teams which are part of an athletic organization exempt from | |
545 | 947 | taxation pursuant to the provisions of the Internal Revenue Code, 26 | |
546 | 948 | U.S.C., Section 501(c)(4), for the purposes of raising funds for the | |
547 | 949 | benefit of the team; | |
548 | - | ||
549 | 950 | 45. Sales of tickets for admission to a collegiate athletic | |
550 | 951 | event that is held in a facility owned or operated by a municipality | |
551 | 952 | or a public trust of which the municipality is th e sole beneficiary | |
552 | 953 | and that actually determines or is part o f a tournament or | |
553 | 954 | tournament process for determining a conference tournament | |
554 | 955 | championship, a conference championship, or a national championship; | |
555 | - | ||
556 | 956 | 46. Sales of tangible personal property or servic es to or by an | |
557 | 957 | organization which is exempt from taxation pu rsuant to the | |
558 | 958 | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
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559 | 985 | 501(c)(3) and is operating the Oklahoma City National Memorial and | |
560 | 986 | Museum, an affiliate of the National Park System; | |
561 | - | ||
562 | 987 | 47. Sales of tangible personal property or services to | |
563 | 988 | organizations which are exempt fr om federal taxation pursuant to the | |
564 | 989 | provisions of Section 501(c)(3) of the Internal Revenue Code, 26 | |
565 | 990 | U.S.C., Section 501(c)(3), the memberships of which are limited to | |
566 | 991 | honorably discharged veterans, and which furnish financial suppo rt | |
567 | 992 | to area veterans’ org anizations to be used for the purpose of | |
568 | 993 | constructing a memorial or museum; | |
569 | - | ||
570 | 994 | 48. Sales of tangible personal property or services on or after | |
571 | 995 | January 1, 2003, to an organiza tion which is exempt from taxation | |
572 | - | ||
573 | - | ENR. S. B. NO. 1496 Page 14 | |
574 | 996 | pursuant to the provision s of the Internal Revenu e Code, 26 U.S.C., | |
575 | 997 | Section 501(c)(3) that is expending monies received from a private | |
576 | 998 | foundation grant in conjunction with expenditures of local sales tax | |
577 | 999 | revenue to construct a local public library; | |
578 | - | ||
579 | 1000 | 49. Sales of tangible personal property or services to a state | |
580 | 1001 | that borders this state or any political subdivision of that state, | |
581 | 1002 | but only to the extent that the other state or political subdivision | |
582 | 1003 | exempts or does not impose a tax on similar sales of items to this | |
583 | 1004 | state or a political subdivision of this sta te; | |
584 | - | ||
585 | 1005 | 50. Effective July 1, 2005, sales of tangible personal property | |
586 | 1006 | or services to the Career Technology Student Organizations under the | |
587 | 1007 | direction and supervision of the O klahoma Department of Career and | |
588 | 1008 | Technology Education; | |
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1032 | + | 23 | |
1033 | + | 24 | |
589 | 1034 | ||
590 | 1035 | 51. Sales of tangible person al property to a public trust | |
591 | 1036 | having either a single city, town or county or multiple cities, | |
592 | 1037 | towns or counties, or combination thereof as beneficiary or | |
593 | 1038 | beneficiaries or a nonprofit organization which is exempt from | |
594 | 1039 | taxation pursuant to the provisions of the Internal Revenue Code, 26 | |
595 | 1040 | U.S.C., Section 501(c)(3) for the purpose of constructing | |
596 | 1041 | improvements to or expanding a hospital or nursing home owned and | |
597 | 1042 | operated by any such public trust or nonprofit entity prior to July | |
598 | 1043 | 1, 2008, in counties with a popula tion of less than one hundred | |
599 | 1044 | thousand (100,000) persons, according to the most recent Federal | |
600 | 1045 | Decennial Census. As used in this paragraph, "constructing | |
601 | 1046 | improvements to or expanding" shall not mean any expense for routine | |
602 | 1047 | maintenance or general repairs a nd shall require a project cost of | |
603 | 1048 | at least One Hundred Thousand Dollars ($100,000.00). For purposes | |
604 | 1049 | of this paragraph, sales made to a contractor or subcontractor that | |
605 | 1050 | enters into a contractual relationship with a public trust or | |
606 | 1051 | nonprofit entity as desc ribed by this paragraph shall be considered | |
607 | 1052 | sales made to the public trust or nonprofit entity. The exemption | |
608 | 1053 | authorized by this paragraph shall be administered in the for m of a | |
609 | 1054 | refund from the sales tax revenues apportioned pursua nt to Section | |
610 | 1055 | 1353 of this title and the vendor shall be required to collect the | |
611 | 1056 | sales tax otherwise applicable to the transaction. The purchaser | |
612 | 1057 | may apply for a refund of the sales tax paid in t he manner | |
613 | 1058 | prescribed by this paragraph. Within thirty (30) days after the end | |
1059 | + | ||
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614 | 1085 | of each fiscal year, any purchaser that is entitled to make | |
615 | 1086 | application for a refund based upon the exempt treatment authorized | |
616 | - | ||
617 | - | ENR. S. B. NO. 1496 Page 15 | |
618 | 1087 | by this paragraph may file an application for ref und of the sales | |
619 | 1088 | taxes paid during such preceding fiscal yea r. The Tax Commission | |
620 | 1089 | shall prescribe a form for purposes of making the application for | |
621 | 1090 | refund. The Tax Commission shall determine whether or not the total | |
622 | 1091 | amount of sales tax exemptions claimed by all purchasers is equal to | |
623 | 1092 | or less than Six Hundred Fift y Thousand Dollars ($650 ,000.00). If | |
624 | 1093 | such claims are less than or equal to that amount, the Tax | |
625 | 1094 | Commission shall make refunds to the purchasers in the full amount | |
626 | 1095 | of the documented and verified s ales tax amounts. If such claims by | |
627 | 1096 | all purchasers are in e xcess of Six Hundred Fif ty Thousand Dollars | |
628 | 1097 | ($650,000.00), the Tax Commission shall determine the amount of each | |
629 | 1098 | purchaser’s claim, the total amount of all claims by all purchasers, | |
630 | 1099 | and the percentage each purchaser’s claim amount bears to the total. | |
631 | 1100 | The resulting percentage det ermined for each purchaser shall be | |
632 | 1101 | multiplied by Six Hundred Fifty Thousand Dollars ($650,000.00) to | |
633 | 1102 | determine the amount of refundable sales tax to be paid to each | |
634 | 1103 | purchaser. The pro rata refund amount shall be the only method to | |
635 | 1104 | recover sales taxes pai d during the preceding fiscal year and no | |
636 | 1105 | balance of any sales taxes paid on a pro rata basis shall be the | |
637 | 1106 | subject of any subsequent refund claim pursuant to this paragraph ; | |
638 | - | ||
1107 | + | 52. Effective July 1, 2006, sales of tangible personal pr operty | |
1108 | + | or services to any organization which assists, trains, educates, and | |
1109 | + | ||
1110 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 23 1 | |
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1134 | + | ||
1135 | + | provides housing for physically and mentally handicapped persons and | |
1136 | + | which is exempt from taxation pursuant to the provi sions of the | |
1137 | + | Internal Revenue Code, 26 U.S.C., Section 501(c )(3) and that | |
1138 | + | receives at least eighty-five percent (85%) of its annual budget | |
1139 | + | from state or federal funds. In order to receive the benefit of the | |
1140 | + | exemption authorized by this paragraph, the taxp ayer shall be | |
1141 | + | required to make payment of the applicable sal es tax at the time of | |
1142 | + | sale to the vendor in the manner otherwise required by law. | |
1143 | + | Notwithstanding any other provision of the Oklahoma Uniform Tax | |
1144 | + | Procedure Code to the contrary, the taxpayer shal l be authorized to | |
1145 | + | file a claim for refund of sales taxes pa id that qualify for the | |
1146 | + | exemption authorized by this paragraph for a period of one (1) year | |
1147 | + | after the date of the sale transaction. The taxpayer shall be | |
1148 | + | required to provide documentation as may be prescribed by the | |
1149 | + | Oklahoma Tax Commission in support of t he refund claim. The to tal | |
1150 | + | amount of sales tax qualifying for exempt treatment pursuant to this | |
1151 | + | paragraph shall not exceed One Hundred Seventy -five Thousand Dollars | |
1152 | + | ($175,000.00) each fiscal year . Claims for refund shall be | |
1153 | + | processed in the order in whic h such claims are receiv ed by the | |
1154 | + | Oklahoma Tax Commission. If a claim otherwise timely filed exceeds | |
1155 | + | the total amount of refunds payable for a fiscal year, such claim | |
1156 | + | shall be barred; | |
1157 | + | 53. The first Two Thousand Dollars ($2,000.00) each year of | |
1158 | + | sales of tangible personal propert y or services to, by, or for the | |
1159 | + | ||
1160 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 24 1 | |
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1184 | + | ||
1185 | + | benefit of a qualified neighborhood watch organization that is | |
1186 | + | endorsed or supported by or working directly with a law enforcement | |
1187 | + | agency with jurisdiction in the area in which the neighborhood watch | |
1188 | + | organization is located . As used in this paragraph, "qualified | |
1189 | + | neighborhood watch organization" means an organization that is a | |
1190 | + | not-for-profit corporation under the laws of the State of Oklahoma | |
1191 | + | this state that was created to help prevent criminal activi ty in an | |
1192 | + | area through community involvement and interaction with local law | |
1193 | + | enforcement and which is one of the first two thousand organizations | |
1194 | + | which makes application to the Oklahoma Tax Commissi on for the | |
1195 | + | exemption after March 29, 2006; | |
1196 | + | 54. Sales of tangible personal property to a nonprofit | |
1197 | + | organization, exempt from taxation pursuant to the provisions of the | |
1198 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), organized | |
1199 | + | primarily for the purpose of providing services to homeless persons | |
1200 | + | during the day and located in a metropoli tan area with a population | |
1201 | + | in excess of five hundred thousand (500,000) persons according to | |
1202 | + | the latest Federal Decennial Census. The exemption authorized by | |
1203 | + | this paragraph shall be applicable to sales of tangible personal | |
1204 | + | property to a qualified entity o ccurring on or after January 1, | |
1205 | + | 2005; | |
1206 | + | 55. Sales of tangible personal property or services to or by an | |
1207 | + | organization which is exempt from taxation pursuant to the | |
1208 | + | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
1209 | + | ||
1210 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 25 1 | |
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1234 | + | ||
1235 | + | 501(c)(3) for events the principal purpose of which is to provide | |
1236 | + | funding for the preservation of wetlands and habitat for wild ducks; | |
1237 | + | 56. Sales of tangible personal property or services to or by an | |
1238 | + | organization which is exempt from taxation pursuant to the | |
1239 | + | provisions of the Internal Reve nue Code, 26 U.S.C., Section | |
1240 | + | 501(c)(3) for events the principal purpose of which is to provide | |
1241 | + | funding for the preservation and conservation of wild turkeys; | |
1242 | + | 57. Sales of tangible personal property or services to an | |
1243 | + | organization which: | |
1244 | + | a. is exempt from taxation pursuant to the provisions of | |
1245 | + | the Internal Revenue Code, 26 U.S.C., Section | |
1246 | + | 501(c)(3), and | |
1247 | + | b. is part of a network of community -based, autonomous | |
1248 | + | member organizations that meets the following | |
1249 | + | criteria: | |
1250 | + | (1) serves people with workplace disadvantages and | |
1251 | + | disabilities by providing job training and | |
1252 | + | employment services, as well as job placement | |
1253 | + | opportunities and post -employment support, | |
1254 | + | (2) has locations in the United Sta tes and at least | |
1255 | + | twenty other countries, | |
1256 | + | (3) collects donated clothing and household goods to | |
1257 | + | sell in retail stores and provides contract labor | |
1258 | + | services to business and government, and | |
1259 | + | ||
1260 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 26 1 | |
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1284 | + | ||
1285 | + | (4) provides documentation to the Oklahoma Tax | |
1286 | + | Commission that over sev enty-five percent (75%) | |
1287 | + | of its revenues are channeled into e mployment, | |
1288 | + | job training and placement programs , and other | |
1289 | + | critical community services; | |
1290 | + | 58. Sales of tickets made on or after September 21, 2005, and | |
1291 | + | complimentary or free tickets for admission is sued on or after | |
1292 | + | September 21, 2005, which have a value equi valent to the charge tha t | |
1293 | + | would have otherwise been made, for admission to a professional | |
1294 | + | athletic event in which a team in the National Basketball | |
1295 | + | Association is a participant, which is held in a facility owned or | |
1296 | + | operated by a municipality, a county , or a public trust of which a | |
1297 | + | municipality or a county is the sole beneficiary, and sales of | |
1298 | + | tickets made on or after July 1, 2007, and complimentary or free | |
1299 | + | tickets for admission issued on or after J uly 1, 2007, which have a | |
1300 | + | value equivalent to the charge tha t would have otherwise b een made, | |
1301 | + | for admission to a professional athletic event in which a team in | |
1302 | + | the National Hockey League is a participant, which is held in a | |
1303 | + | facility owned or operated by a municipality, a county, or a public | |
1304 | + | trust of which a municip ality or a county is the sole beneficiary; | |
1305 | + | 59. Sales of tickets for admission and complimentary or free | |
1306 | + | tickets for admission which have a value equivalent to the charge | |
1307 | + | that would have otherwise been made to a professional sporting event | |
1308 | + | involving ice hockey, baseball, basketba ll, football or arena | |
1309 | + | ||
1310 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 27 1 | |
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1334 | + | ||
1335 | + | football, or soccer. As used in this paragraph, "professional | |
1336 | + | sporting event" means an organized athletic competition between | |
1337 | + | teams that are members of an organized league or association with | |
1338 | + | centralized management, other than a nati onal league or national | |
1339 | + | association, that imposes requirements for participation in the | |
1340 | + | league upon the teams, the individual athletes , or both, and which | |
1341 | + | uses a salary structure to compensate the athletes; | |
1342 | + | 60. Sales of tickets for admission to an annual event sponsored | |
1343 | + | by an educational and charitable organization of women which is | |
1344 | + | exempt from taxation pursuant to the provisions of the Internal | |
1345 | + | Revenue Code, 26 U.S.C., Sec tion 501(c)(3) and has as its mission | |
1346 | + | promoting volunteerism , developing the potenti al of women and | |
1347 | + | improving the community through the effective action and leadership | |
1348 | + | of trained volunteers; | |
1349 | + | 61. Sales of tangible personal property or services to an | |
1350 | + | organization, which is exempt from taxation pursuant to the | |
1351 | + | provisions of the Internal Rev enue Code, 26 U.S.C., Section | |
1352 | + | 501(c)(3), and which is itself a member of an organization which is | |
1353 | + | exempt from taxation pursuant to the provisions of the Internal | |
1354 | + | Revenue Code, 26 U.S.C., Section 501(c)(3), if the membership | |
1355 | + | organization is primarily engage d in advancing the purposes of its | |
1356 | + | member organizations through fundraising, public awareness , or other | |
1357 | + | efforts for the benefit of its member organizations, and if the | |
1358 | + | member organization is primarily engaged either in providing | |
1359 | + | ||
1360 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 28 1 | |
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1384 | + | ||
1385 | + | educational services and pr ograms concerning health -related diseases | |
1386 | + | and conditions to individuals suffering from such health -related | |
1387 | + | diseases and conditions or their caregivers and family members or | |
1388 | + | support to such individuals, or in health -related research as to | |
1389 | + | such diseases and conditions, or both. In order to qualify for the | |
1390 | + | exemption authorized by this paragraph, the member nonprofit | |
1391 | + | organization shall be required to provide proof to the Oklaho ma Tax | |
1392 | + | Commission of its membership status in the membership organization; | |
1393 | + | 62. Sales of tangible personal property or services to or by an | |
1394 | + | organization which is part of a national volunteer women’s service | |
1395 | + | organization dedicated to promoting patriotism, p reserving American | |
1396 | + | history, and securing better education fo r children and which has at | |
1397 | + | least 168,000 members in 3,000 chapters across the United States; | |
1398 | + | 63. Sales of tangible personal property or services to or by a | |
1399 | + | YWCA or YMCA organization which is par t of a national nonprofit | |
1400 | + | community service organization wor king to meet the health and social | |
1401 | + | service needs of its members across the United States; | |
1402 | + | 64. Sales of tangible personal property or services to or by a | |
1403 | + | veteran’s organization which is exempt fro m taxation pursuant to the | |
1404 | + | provisions of the Internal Revenu e Code, 26 U.S.C., Secti on | |
1405 | + | 501(c)(19) and which is known as the Veterans of Foreign Wars of the | |
1406 | + | United States, Oklahoma Chapters; | |
1407 | + | 65. Sales of boxes of food by a church or by an organization, | |
1408 | + | which is exempt from taxation pursuant to the provisions of the | |
1409 | + | ||
1410 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 29 1 | |
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1431 | + | 22 | |
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1433 | + | 24 | |
1434 | + | ||
1435 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(3). To qualify | |
1436 | + | under the provisions of this paragraph, the organization must be | |
1437 | + | organized for the primary purpose of feeding needy individuals or to | |
1438 | + | encourage volunteer service by requiring such service in order to | |
1439 | + | purchase food. These boxes shall only contain edible staple food | |
1440 | + | items; | |
1441 | + | 66. Sales of tangible personal property or services to any | |
1442 | + | person with whom a church has duly entered into a con struction | |
1443 | + | contract, necessary for carrying out such contract or to any | |
1444 | + | subcontractor to such a construction contract; | |
1445 | + | 67. Sales of tangible personal property or services used | |
1446 | + | exclusively for charitable or educational purposes, to or by an | |
1447 | + | organization which: | |
1448 | + | a. is exempt from taxation pursuant to the provisions of | |
1449 | + | the Internal Revenue Co de, 26 U.S.C., Section | |
1450 | + | 501(c)(3), | |
1451 | + | b. has filed a Not-for-Profit Certificate of | |
1452 | + | Incorporation in this state, and | |
1453 | + | c. is organized for the purpose of: | |
1454 | + | (1) providing training a nd education to | |
1455 | + | developmentally disabled individuals, | |
1456 | + | (2) educating the community ab out the rights, | |
1457 | + | abilities, and strengths of developmentally | |
1458 | + | disabled individuals, and | |
1459 | + | ||
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1484 | + | ||
1485 | + | (3) promoting unity among developmentally disabled | |
1486 | + | individuals in their community and geographic | |
1487 | + | area; | |
1488 | + | 68. Sales of tangible personal property or services to any | |
1489 | + | organization which is a shelter for abused, neglected, or abandoned | |
1490 | + | children and which is exempt from taxation pursuant to the | |
1491 | + | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
1492 | + | 501(c)(3); provided, until July 1, 2008, such exempt ion shall apply | |
1493 | + | only to eligible shelters for children from birth to age twelve (12) | |
1494 | + | and after July 1, 2008, such exemption shall apply to eligible | |
1495 | + | shelters for children from birth to age eighteen (18); | |
1496 | + | 69. Sales of tangible personal property or services to a child | |
1497 | + | care center which is licensed pursuant to the Oklahoma Child Care | |
1498 | + | Facilities Licensing Act and which: | |
1499 | + | a. possesses a 3-star rating from the Department of Human | |
1500 | + | Services Reaching for the Stars Program or a national | |
1501 | + | accreditation, and | |
1502 | + | b. allows on-site universal prekinde rgarten education to | |
1503 | + | be provided to four-year-old children through a | |
1504 | + | contractual agreement with any public school or school | |
1505 | + | district. | |
1506 | + | For the purposes of this paragraph, sa les made to any person, | |
1507 | + | firm, agency, or entity that has ent ered previously into a | |
1508 | + | contractual relationship with a child care center for construction | |
1509 | + | ||
1510 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 31 1 | |
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1534 | + | ||
1535 | + | and improvement of buildings and other structures owned by the child | |
1536 | + | care center and operated for educatio nal purposes shall be | |
1537 | + | considered sales made to a child care center. Any such person , | |
1538 | + | firm, agency, or entity making purchases on behalf of a child care | |
1539 | + | center shall certify, in writing, on the copy of the invoice or | |
1540 | + | sales ticket the nature of the purchase . Any such person, or person | |
1541 | + | acting on behalf of a firm, ag ency, or entity making purchases on | |
1542 | + | behalf of a child care center in violation of this paragraph shall | |
1543 | + | be guilty of a misdemeanor and upon conviction thereof shall be | |
1544 | + | fined an amount equal to doub le the amount of sales tax involved or | |
1545 | + | incarcerated for not more than sixty (60) day s or both; | |
1546 | + | 70. a. Sales of tangible personal property to a service | |
1547 | + | organization of mothers who have children who are | |
1548 | + | serving or who have served in the military, which | |
1549 | + | service organization is exempt from taxation pursuant | |
1550 | + | to the provisions of the Internal R evenue Code, 26 | |
1551 | + | U.S.C., Section 501(c)(19) and which is known as the | |
1552 | + | Blue Star Mothers of America, Inc. The exemption | |
1553 | + | provided by this paragraph shall only apply to the | |
1554 | + | purchase of tangible personal property actually sent | |
1555 | + | to United States military personn el overseas who are | |
1556 | + | serving in a combat zone and not to any other tangible | |
1557 | + | personal property purchased by the organization. | |
1558 | + | Provided, this exemption shall not apply to any sales | |
1559 | + | ||
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1585 | + | tax levied by a city, town, county, or any other | |
1586 | + | jurisdiction in this state. | |
1587 | + | b. The exemption authorized by this paragraph shall be | |
1588 | + | administered in the form of a refund from the sales | |
1589 | + | tax revenues apportioned pursuant to Section 1353 of | |
1590 | + | this title, and the vendor shall be required to | |
1591 | + | collect the sales tax ot herwise applicable to th e | |
1592 | + | transaction. The purchaser may apply for a refund of | |
1593 | + | the state sales tax paid in the manner prescribed by | |
1594 | + | this paragraph. Within sixty (60) days after the end | |
1595 | + | of each calendar quarter, any purchaser that is | |
1596 | + | entitled to make appl ication for a refund bas ed upon | |
1597 | + | the exempt treatment authorized by this paragraph may | |
1598 | + | file an application for refund of the state sales | |
1599 | + | taxes paid during such preceding calendar quarter. | |
1600 | + | The Tax Commission shall prescribe a form for purposes | |
1601 | + | of making the application for refund. | |
1602 | + | c. A purchaser who applies for a refund pursuant to this | |
1603 | + | paragraph shall certify that the items were actually | |
1604 | + | sent to military personnel overseas in a combat zone. | |
1605 | + | Any purchaser that applies for a refund for the | |
1606 | + | purchase of items that are not authorized for | |
1607 | + | exemption under this paragraph shall be subject to a | |
1608 | + | ||
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1634 | + | penalty in the amount of Five Hundred Dollars | |
1635 | + | ($500.00); | |
1636 | + | 71. Sales of food and snack items to or by an organizatio n | |
1637 | + | which is exempt from taxation pursuant to the provisions o f the | |
1638 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), whose primary | |
1639 | + | and principal purpose is providing funding for scholarships in the | |
1640 | + | medical field; | |
1641 | + | 72. Sales of tangible personal property or services for use | |
1642 | + | solely on construction projects for orga nizations which are exem pt | |
1643 | + | from taxation pursuant to the provisions of the Internal Revenue | |
1644 | + | Code, 26 U.S.C., Section 501(c)(3) and whose purpose is providing | |
1645 | + | end-of-life care and access to hospice services to low-income | |
1646 | + | individuals who live in a facility o wned by the organization . The | |
1647 | + | exemption provided by this paragraph applies to sales to the | |
1648 | + | organization as well as to sales to any person with whom the | |
1649 | + | organization has duly entered into a constr uction contract, | |
1650 | + | necessary for carrying out such contract or to any subcontractor to | |
1651 | + | such a construction contract. Any person making purchases on behalf | |
1652 | + | of such organization shall certify, in writing, on the copy of the | |
1653 | + | invoice or sales ticket to be retai ned by the vendor that the | |
1654 | + | purchases are made for and on beh alf of such organization and set | |
1655 | + | out the name of such organization. Any person who wrongfully or | |
1656 | + | erroneously certifies that purchases are for any of the above -named | |
1657 | + | organizations or who otherwise violates this section shall be guilty | |
1658 | + | ||
1659 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 34 1 | |
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1684 | + | of a misdemeanor and upon conviction thereof shall be fined an | |
1685 | + | amount equal to double the amount of sales tax involved or | |
1686 | + | incarcerated for not more than sixty (60) days or both; | |
1687 | + | 73. Sales of tickets for admission to events held by | |
1688 | + | organizations exempt from taxation pursuant t o the provisions of the | |
1689 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(3) that are | |
1690 | + | organized for the purpose of supporting general hospitals licensed | |
1691 | + | by the State Department of Health; | |
1692 | + | 74. Sales of tangible personal property or services: | |
1693 | + | a. to a foundation which is exempt from taxation pursuant | |
1694 | + | to the provisions of the Internal Revenue Code, 26 | |
1695 | + | U.S.C., Section 501(c)(3) and which raises tax - | |
1696 | + | deductible contributions in support of a wide range of | |
1697 | + | firearms-related public interest activities of the | |
1698 | + | National Rifle Association of Ame rica and other | |
1699 | + | organizations that defend and foster Second Amendment | |
1700 | + | rights, and | |
1701 | + | b. to or by a grassroots fundraising program for sales | |
1702 | + | related to events to raise funds for a foundation | |
1703 | + | meeting the qualifications of subparagraph a o f this | |
1704 | + | paragraph; | |
1705 | + | 75. Sales by an organization or entity which is exempt from | |
1706 | + | taxation pursuant to the provisions of the Internal Revenue Code, 26 | |
1707 | + | U.S.C., Section 501(c)(3) which are related to a fundraising event | |
1708 | + | ||
1709 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 35 1 | |
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1733 | + | ||
1734 | + | sponsored by the organization or entity w hen the event does not | |
1735 | + | exceed any five (5) consecutive days and when the sales are not in | |
1736 | + | the organization's or the entity's regular course of business. | |
1737 | + | Provided, the exemption provided in this p aragraph shall be limited | |
1738 | + | to tickets sold for admittance to the fundraising event an d items | |
1739 | + | which were donated to the organization or entity for sale at the | |
1740 | + | event; | |
1741 | + | 76. Effective November 1, 2017, sales of tangible personal | |
1742 | + | property or services to an organ ization which is exempt from | |
1743 | + | taxation pursuant to the provis ions of the Internal Rev enue Code, 26 | |
1744 | + | U.S.C., Section 501(c)(3) and operates as a collaborative model | |
1745 | + | which connects community agencies in one location to serve | |
1746 | + | individuals and families affected b y violence and where victims have | |
1747 | + | access to services and adv ocacy at no cost to the victim; | |
1748 | + | 77. Effective July 1, 2018, sales of tangible personal property | |
1749 | + | or services to or by an association which is exempt from taxation | |
1750 | + | pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., | |
1751 | + | Section 501(c)(19) and wh ich is known as the Nati onal Guard | |
1752 | + | Association of Oklahoma; | |
1753 | + | 78. Effective July 1, 2018, sales of tangible personal property | |
1754 | + | or services to or by an association which is exempt from taxation | |
1755 | + | pursuant to the provisions of the Internal Revenue Code, 26 U.S.C ., | |
1756 | + | Section 501(c)(4) and which is known as the Marine Corps League of | |
1757 | + | Oklahoma; | |
1758 | + | ||
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1783 | + | ||
1784 | + | 79. Sales of tangible personal property or services to the | |
1785 | + | American Legion, whether the purchase is made by the ent ity | |
1786 | + | chartered by the United States Congress or is an entity organized | |
1787 | + | under the laws of this or another state pursuant to the authority of | |
1788 | + | the national American Legion organization; | |
1789 | + | 80. Sales of tangible personal property or services to or by an | |
1790 | + | organization which is: | |
1791 | + | a. exempt from taxation pursuant to the provis ions of the | |
1792 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), | |
1793 | + | b. verified with a letter from the MIT Fab Foundation as | |
1794 | + | an official member of the Fab Lab Network in | |
1795 | + | compliance with the Fab Chart er, and | |
1796 | + | c. able to provide documentation that its primary an d | |
1797 | + | principal purpose is t o provide community access to | |
1798 | + | advanced 21st century manufacturing and digital | |
1799 | + | fabrication tools for science, technology, | |
1800 | + | engineering, art and math (STEAM) learning skills, | |
1801 | + | developing inventions, creating and sustaining | |
1802 | + | businesses, and producing personalize d products; | |
1803 | + | 81. Effective November 1, 2021, sales of tangible personal | |
1804 | + | property or services used solely for construction and remodeling | |
1805 | + | projects to an organization which i s exempt from taxation pursuant | |
1806 | + | to the provisions of the Int ernal Revenue Code, 26 U .S.C., Section | |
1807 | + | 501(c)(3), and which meets the following requirements: | |
1808 | + | ||
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1833 | + | ||
1834 | + | a. its primary purpose is to construct or remodel and | |
1835 | + | sell affordable housing and provide homeownershi p | |
1836 | + | education to residents of Oklahoma that have an income | |
1837 | + | that is below one hundred p ercent (100%) of the Family | |
1838 | + | Median Income guidelines as defined by the U.S. | |
1839 | + | Department of Housing and Urban Development, | |
1840 | + | b. it conducts its activities in a manner that serv es | |
1841 | + | public or charitable purposes, rather than commercial | |
1842 | + | purposes, | |
1843 | + | c. it receives funding and revenue and charges fees in a | |
1844 | + | manner that does not incentivize it or its employees | |
1845 | + | to act other than in the best interests of its | |
1846 | + | clients, and | |
1847 | + | d. it compensates its employees in a manner that does not | |
1848 | + | incentivize employees to act other than in th e best | |
1849 | + | interests of its clients; | |
1850 | + | 82. Effective November 1, 2021, sales of tangible personal | |
1851 | + | property or services to a nonprofit entity, organized pursuant to | |
1852 | + | Oklahoma law before January 1, 2022, exempt from federal income | |
1853 | + | taxation pursuant to Section 501( c) of the Internal Revenue Code of | |
1854 | + | 1986, as amended, the principal functions of which are to provide | |
1855 | + | assistance to natural persons following a disaster, with program | |
1856 | + | emphasis on repair or restoration to single -family residential | |
1857 | + | dwellings or the constructi on of a replacement single -family | |
1858 | + | ||
1859 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 38 1 | |
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1883 | + | ||
1884 | + | residential dwelling. As used in this paragraph, "disaster" means | |
1885 | + | damage to property with or without accompanying injury to persons | |
1886 | + | from heavy rain, high winds, tornadic winds, drought, wildfire, | |
1887 | + | snow, ice, geologic distu rbances, explosions, chemical accidents or | |
1888 | + | spills, and other events causing damage to property on a large | |
1889 | + | scale. For purposes of this paragraph, an entity that expended at | |
1890 | + | least seventy-five percent (75%) of its funds on the restor ation to | |
1891 | + | single-family housing following a disaster , including related | |
1892 | + | general and administrative expenses, shall be eligible for the | |
1893 | + | exemption authorized by this paragraph; and | |
1894 | + | 83. Until July 1, 2022, sales of tangible personal property or | |
1895 | + | services for use in a clinical practic e or medical facility operated | |
1896 | + | by an organization which is exempt from taxation pursuant to the | |
1897 | + | provisions of the Internal Revenue Code of the United States, 26 | |
1898 | + | U.S.C., Section 501(c)(3), and which has entered into a joint | |
1899 | + | operating agreement with the Univ ersity Hospitals Trust created | |
1900 | + | pursuant to Section 3224 of Title 63 of the Oklahoma Statutes. The | |
1901 | + | exemption provided by this paragraph shall be limited to the | |
1902 | + | purchase of tangible personal property and services for use in | |
1903 | + | clinical practices or medical fac ilities acquired or leased by the | |
1904 | + | organization from the University Hospitals Authority, University | |
1905 | + | Hospitals Trust, or the University of Oklahoma on or after June 1, | |
1906 | + | 2021; and | |
1907 | + | ||
1908 | + | ENGR. H. A. to ENGR. S. B. NO. 1496 Page 39 1 | |
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1932 | + | ||
1933 | + | 84. Sales of tangible personal property or services to or by a | |
1934 | + | women's veterans organization, and its subchapters in this state, | |
1935 | + | that is exempt from taxation pursuant to the provisions of the | |
1936 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and is known as | |
1937 | + | the Oklahoma Women Veterans Organization . | |
1938 | + | SECTION 2. This act shall become effective November 1, 2022. " | |
1939 | + | Passed the House of Representatives the 19th day of April, 2022. | |
1940 | + | ||
1941 | + | ||
1942 | + | ||
1943 | + | ||
1944 | + | ||
1945 | + | Presiding Officer of the House of | |
1946 | + | Representatives | |
1947 | + | ||
1948 | + | ||
1949 | + | Passed the Senate the ____ day of _______ ___, 2022. | |
1950 | + | ||
1951 | + | ||
1952 | + | ||
1953 | + | ||
1954 | + | ||
1955 | + | Presiding Officer of the Senate | |
1956 | + | ||
1957 | + | ENGR. S. B. NO. 1496 Page 1 1 | |
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1981 | + | ||
1982 | + | ENGROSSED SENATE | |
1983 | + | BILL NO. 1496 By: Stanley of the Senate | |
1984 | + | ||
1985 | + | and | |
1986 | + | ||
1987 | + | Miller of the House | |
1988 | + | ||
1989 | + | ||
1990 | + | ||
1991 | + | ||
1992 | + | [ sales tax - exemptions for governmental and | |
1993 | + | nonprofit entities - effective date ] | |
1994 | + | ||
1995 | + | ||
1996 | + | ||
1997 | + | ||
1998 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
1999 | + | SECTION 3. AMENDATORY 68 O.S. 2021, Section 1356, as | |
2000 | + | last amended by Section 1, Chapter 539, O.S.L. 2021, is amended to | |
2001 | + | read as follows: | |
2002 | + | Section 1356. Exemptions - Governmental and nonp rofit entities. | |
2003 | + | There are hereby specifically ex empted from the tax levied by | |
2004 | + | Section 1350 et seq. of this title: | |
2005 | + | 1. Sale of tangible personal property or se rvices to the United | |
2006 | + | States government or to the State of Oklahoma this state, any | |
2007 | + | political subdivision of this state, or any agency of a politic al | |
2008 | + | subdivision of this state; provided, all sales to contractors in | |
2009 | + | connection with the performance of any contract with t he United | |
2010 | + | States government, State of Oklahoma this state, or any of its | |
2011 | + | political subdivisions shall not be exempted from the tax lev ied by | |
2012 | + | Section 1350 et seq. of this title, except as hereina fter provided; | |
2013 | + | ||
2014 | + | ENGR. S. B. NO. 1496 Page 2 1 | |
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2038 | + | ||
2039 | + | 2. Sales of property to agents appointed by or under contr act | |
2040 | + | with agencies or instrumentalities of the Unit ed States government | |
2041 | + | if ownership and possession of such property transf ers immediately | |
2042 | + | to the United States government; | |
2043 | + | 3. Sales of property to agents appointed by or under contract | |
2044 | + | with a political subdi vision of this state if the sale of such | |
2045 | + | property is associated with the development of a qualified federal | |
2046 | + | facility, as provided in the Oklahoma Federal Facilities Development | |
2047 | + | Act, and if ownership and possession of such property transfers | |
2048 | + | immediately to the political subdivision or the state; | |
2049 | + | 4. Sales made directly by county , district, or state fair | |
2050 | + | authorities of this sta te, upon the premises of the fair authority, | |
2051 | + | for the sole benefit of the fair authority or sales of admission | |
2052 | + | tickets to such fairs or fair events at any location in the state | |
2053 | + | authorized by county, district , or state fair authorities; provided, | |
2054 | + | the exemption provided by this paragraph for admission tickets to | |
2055 | + | fair events shall apply only to any portion of the admission price | |
2056 | + | that is retained by or distributed to the fair authority . As used | |
2057 | + | in this paragraph, “fair event” shall be limited to an event held o n | |
2058 | + | the premises of the fair authority in conjunction with and during | |
2059 | + | the time period of a county, district or state fair; | |
2060 | + | 5. Sale of food in cafeterias or lunchrooms of elementary | |
2061 | + | schools, high schools, coll eges, or universities which are operated | |
2062 | + | ||
2063 | + | ENGR. S. B. NO. 1496 Page 3 1 | |
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2088 | + | primarily for teachers and pupils and are not operated primarily for | |
2089 | + | the public or for profit; | |
2090 | + | 6. Dues paid to fraternal, religious, civic, char itable, or | |
2091 | + | educational societies or organizatio ns by regular members t hereof, | |
2092 | + | provided, such societies or organizations operate under what is | |
2093 | + | commonly termed the lodge plan or sys tem, and provided such | |
2094 | + | societies or organizations do not operate for a profit which inures | |
2095 | + | to the benefit of any individual member or members there of to the | |
2096 | + | exclusion of other members and dues pai d monthly or annually to | |
2097 | + | privately owned scientific and educ ational libraries by members | |
2098 | + | sharing the use of services rendered by such libr aries with students | |
2099 | + | interested in the study of geology, petroleum eng ineering, or | |
2100 | + | related subjects; | |
2101 | + | 7. Sale of tangible personal property or services to or by | |
2102 | + | churches, except sales made in the course of business for profit or | |
2103 | + | savings, competing with other persons engaged in the same , or a | |
2104 | + | similar business or sale of tangi ble personal property or services | |
2105 | + | by an organization exempt from federal income tax pursuant to | |
2106 | + | Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, | |
2107 | + | made on behalf of or at t he request of a church or churches if the | |
2108 | + | sale of such property is conducted not more than once each calendar | |
2109 | + | year for a period not to exceed three (3) days by the organization | |
2110 | + | and proceeds from the sale of such property are used by the church | |
2111 | + | or churches or by the organization for charitable purpos es; | |
2112 | + | ||
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2137 | + | ||
2138 | + | 8. The amount of proceeds received from the sale of admission | |
2139 | + | tickets which is separately stated on the ticket of admission for | |
2140 | + | the repayment of money borrowed by any accredited state-supported | |
2141 | + | college or university or any public trust of which a coun ty in this | |
2142 | + | state is the beneficiary, for the purpose of constructing or | |
2143 | + | enlarging any facility to be used for the staging of an athl etic | |
2144 | + | event, a theatrical production, or any other form of entertainment, | |
2145 | + | edification or cultural cultivation to which entry is gained with a | |
2146 | + | paid admission ticket. Such facilities include, but ar e not limited | |
2147 | + | to, athletic fields, athletic stadiums, field houses, amphitheaters, | |
2148 | + | and theaters. To be eligible for this sales tax exemption , the | |
2149 | + | amount separately stated on the admis sion ticket shall be a | |
2150 | + | surcharge which is imposed, collected , and used for the sole purpose | |
2151 | + | of servicing or aiding in the servicing of debt incurred by the | |
2152 | + | college or university to effect the capital improvements | |
2153 | + | hereinbefore described; | |
2154 | + | 9. Sales of tangible personal property or services to the | |
2155 | + | council organizations or similar state supervisory organizations of | |
2156 | + | the Boy Scouts of Americ a, Girl Scouts of U.S.A., and Camp Fire USA; | |
2157 | + | 10. Sale of tangible personal propert y or services to any | |
2158 | + | county, municipality , rural water district, public school district, | |
2159 | + | city-county library system, the institutions of The Oklahoma State | |
2160 | + | System of Higher Education, the Grand River Dam Authority, the | |
2161 | + | Northeast Oklahoma Public Facilities Authority, the Oklahoma | |
2162 | + | ||
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2187 | + | ||
2188 | + | Municipal Power Authority, City of Tulsa -Rogers County Port | |
2189 | + | Authority, Muskogee City -County Port Authority, the Oklahoma | |
2190 | + | Department of Veterans Affai rs, the Broken Bow Economic Development | |
2191 | + | Authority, Ardmore Development Authority, D urant Industrial | |
2192 | + | Authority, Oklahoma Ordn ance Works Authority, C entral Oklahoma | |
2193 | + | Master Conservancy District, Arbu ckle Master Conservancy District, | |
2194 | + | Fort Cobb Master Conservan cy District, Foss Reservoir Master | |
2195 | + | Conservancy District, Mountain Park Master Conse rvancy District, | |
2196 | + | Waurika Lake Master Cons ervancy District, the Office of Management | |
2197 | + | and Enterprise Services only when carrying out a public construction | |
2198 | + | contract on behalf o f the Oklahoma Department of Veterans Affairs, | |
2199 | + | and effective July 1, 2022, the Uni versity Hospitals Trust, or to | |
2200 | + | any person with whom any of the ab ove-named subdivisions or agencies | |
2201 | + | of this state has duly entered into a public contract pursuant to | |
2202 | + | law, necessary for carrying out such public contract or to any | |
2203 | + | subcontractor to such a pub lic contract. Any person making | |
2204 | + | purchases on behalf of such subd ivision or agency of this state | |
2205 | + | shall certify, in writing, on the copy of the invoice or sales | |
2206 | + | ticket to be retained by the vendor that the purchases are made for | |
2207 | + | and on behalf of such subdiv ision or agency of this state and set | |
2208 | + | out the name of such public subdivision or agency. Any person who | |
2209 | + | wrongfully or erroneously certifies that purchases are for any of | |
2210 | + | the above-named subdivisions or agencies of this state or who | |
2211 | + | otherwise violates this section shall be guilty of a misdemeanor and | |
2212 | + | ||
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2237 | + | ||
2238 | + | upon conviction thereof shall be fined an amount equal to double the | |
2239 | + | amount of sales tax involved or incarcerated for not more t han sixty | |
2240 | + | (60) days or both; | |
2241 | + | 11. Sales of tangible personal property or services to private | |
2242 | + | institutions of higher educati on and private elementar y and | |
2243 | + | secondary institutions of education accredi ted by the State | |
2244 | + | Department of Education or registered by th e State Board of | |
2245 | + | Education for purposes of participating in federal programs or | |
2246 | + | accredited as defined by the Oklahoma State Regents for Higher | |
2247 | + | Education which are exempt from taxation pursuant to the provisions | |
2248 | + | of the Internal Revenue Code, 26 U.S.C., Sect ion 501(c)(3) including | |
2249 | + | materials, supplies, and equipment used in the construction and | |
2250 | + | improvement of buildings and other s tructures owned by the | |
2251 | + | institutions and operated for educational purpose s. | |
2252 | + | Any person, firm, agency, or entity making purchases on b ehalf | |
2253 | + | of any institution, agency or subdivision in this state, shall | |
2254 | + | certify in writing, on the copy of the invoice or sales ticket the | |
2255 | + | nature of the purchases, and violation of this paragraph sha ll be a | |
2256 | + | misdemeanor as set forth in paragraph 10 of this sec tion; | |
2257 | + | 12. Tuition and educational fees paid to private institutions | |
2258 | + | of higher education and private elementary and seconda ry | |
2259 | + | institutions of educa tion accredited by the State Department of | |
2260 | + | Education or registered by the State Board of Education for purpos es | |
2261 | + | of participating in federal programs or accredited as defined by the | |
2262 | + | ||
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2287 | + | ||
2288 | + | Oklahoma State Regents for Higher Education which a re exempt from | |
2289 | + | taxation pursuant to the provisions of the Internal Revenu e Code, 26 | |
2290 | + | U.S.C., Section 501(c)(3); | |
2291 | + | 13. a. Sales of tangible personal property made by: | |
2292 | + | (1) a public school, | |
2293 | + | (2) a private school offering ins truction for grade | |
2294 | + | levels kindergarten through twelfth grade, | |
2295 | + | (3) a public school district, | |
2296 | + | (4) a public or private school board, | |
2297 | + | (5) a public or private school student gro up or | |
2298 | + | organization, | |
2299 | + | (6) a parent-teacher association or organization | |
2300 | + | other than as specified in subparagraph b of th is | |
2301 | + | paragraph, or | |
2302 | + | (7) public or private school personnel for purposes | |
2303 | + | of raising funds for the benefit of a public or | |
2304 | + | private school, public school district, public or | |
2305 | + | private school board, or public or private school | |
2306 | + | student group or organization, or | |
2307 | + | b. Sales of tangible personal proper ty made by or to | |
2308 | + | nonprofit parent-teacher associations or organizations | |
2309 | + | exempt from taxation pursuant to the provisions of the | |
2310 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), | |
2311 | + | nonprofit local public or private school fou ndations | |
2312 | + | ||
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2337 | + | ||
2338 | + | which solicit money or property in the name of any | |
2339 | + | public or private sch ool or public school district. | |
2340 | + | The exemption provided by thi s paragraph for sales made by a | |
2341 | + | public or private school shall be limited to those pu blic or private | |
2342 | + | schools accredited by the State Department of Education or | |
2343 | + | registered by the State Board of Edu cation for purposes of | |
2344 | + | participating in federal programs . Sale of tangible personal | |
2345 | + | property in this paragraph shall include sale of admission t ickets | |
2346 | + | and concessions at ath letic events; | |
2347 | + | 14. Sales of tangible personal property by: | |
2348 | + | a. local 4-H clubs, | |
2349 | + | b. county, regional or state 4-H councils, | |
2350 | + | c. county, regional or state 4-H committees, | |
2351 | + | d. 4-H leader associations, | |
2352 | + | e. county, regional or state 4 -H foundations, and | |
2353 | + | f. authorized 4-H camps and training centers . | |
2354 | + | The exemption provided by this paragraph shall be limited to | |
2355 | + | sales for the purpose of raising funds for the benefit of such | |
2356 | + | organizations. Sale of tangible personal property exempted by this | |
2357 | + | paragraph shall inclu de sale of admission tickets; | |
2358 | + | 15. The first Seventy-five Thousand Dollars ($75,000.00) ea ch | |
2359 | + | year from sale of tickets and concessions at athletic eve nts by each | |
2360 | + | organization exempt from taxation pursuant to the provisions of the | |
2361 | + | Internal Revenue Code, 26 U.S.C., Section 501(c)(4); | |
2362 | + | ||
2363 | + | ENGR. S. B. NO. 1496 Page 9 1 | |
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2387 | + | ||
2388 | + | 16. Sales of tangible personal property or services to any | |
2389 | + | person with whom the Oklahoma Tourism and Recreation Department has | |
2390 | + | entered into a public contract and which is necessary for carrying | |
2391 | + | out such contract to assist the Department in the de velopment and | |
2392 | + | production of advertising, promotion, publicity , and public | |
2393 | + | relations programs; | |
2394 | + | 17. Sales of tangible personal proper ty or services to fire | |
2395 | + | departments organized pursuant to Section 592 of Title 18 of th e | |
2396 | + | Oklahoma Statutes which items are to be used for the purpos es of the | |
2397 | + | fire department. Any person making pur chases on behalf of any such | |
2398 | + | fire department shall certify, in writing, on the copy of the | |
2399 | + | invoice or sales ticket to be retained by the vendor th at the | |
2400 | + | purchases are made for and on b ehalf of such fire depa rtment and set | |
2401 | + | out the name of such fire departme nt. Any person who wrongfully or | |
2402 | + | erroneously certifies that the purchases are for any such fire | |
2403 | + | department or who otherwise violates the provisio ns of this section | |
2404 | + | shall be deemed guilty of a misdemeanor an d upon conviction thereof, | |
2405 | + | shall be fined an amou nt equal to double the amount of sales tax | |
2406 | + | involved or incarcerated for not more than sixty (60) days, or both; | |
2407 | + | 18. Complimentary or free tickets for admission to places of | |
2408 | + | amusement, sports, entertainment, exhibition, display, or other | |
2409 | + | recreational events or activities which are issued through a box | |
2410 | + | office or other entity which is operated by a state institution of | |
2411 | + | ||
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2436 | + | ||
2437 | + | higher education with institution al employees or by a municipality | |
2438 | + | with municipal employees; | |
2439 | + | 19. The first Fifteen Thousand Dollars ($15,000. 00) each year | |
2440 | + | from sales of tangible personal property by fi re departments | |
2441 | + | organized pursuant to Titles 11, 18, or 19 of the Oklahoma Statutes | |
2442 | + | for the purposes of raising funds for the benefit of the fire | |
2443 | + | department. Fire departments selling tangible pers onal property for | |
2444 | + | the purposes of raising funds shall be lim ited to no more than six | |
2445 | + | (6) days each year to raise such funds in order to receive the | |
2446 | + | exemption granted by this paragraph; | |
2447 | + | 20. Sales of tangible personal property or services to any Boys | |
2448 | + | & Girls Clubs of America affiliate in this state which is not | |
2449 | + | affiliated with the Salvation Army and which is exempt from taxation | |
2450 | + | pursuant to the provis ions of the Internal Revenue Code, 26 U.S.C., | |
2451 | + | Section 501(c)(3); | |
2452 | + | 21. Sales of tangible personal property or services to any | |
2453 | + | organization, which takes court -adjudicated juveniles for purposes | |
2454 | + | of rehabilitation, and which is exempt from taxation pursuant to the | |
2455 | + | provisions of the Internal Reven ue Code, 26 U.S.C., Sec tion | |
2456 | + | 501(c)(3), provided that at least fifty perc ent (50%) of the | |
2457 | + | juveniles served by such organization are c ourt adjudicated and the | |
2458 | + | organization receives state funds in an amount less than ten p ercent | |
2459 | + | (10%) of the annual budget of the organization; | |
2460 | + | 22. Sales of tangible personal property or services t o: | |
2461 | + | ||
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2485 | + | 24 | |
2486 | + | ||
2487 | + | a. any health center as defined in Section 254b of Title | |
2488 | + | 42 of the United States Code, | |
2489 | + | b. any clinic receiving disbursements of state monies | |
2490 | + | from the Indigent Health Care Revolving Fund pursuant | |
2491 | + | to the provisions of Section 66 of Title 56 of the | |
2492 | + | Oklahoma Statutes, | |
2493 | + | c. any community-based health center which meets all of | |
2494 | + | the following criteria: | |
2495 | + | (1) provides primary care services at no cost to the | |
2496 | + | recipient, and | |
2497 | + | (2) is exempt from taxat ion pursuant to the | |
2498 | + | provisions of Section 501(c)(3) of the Internal | |
2499 | + | Revenue Code, 26 U.S.C., Section 501(c)(3), and | |
2500 | + | d. any community mental health center as defined in | |
2501 | + | Section 3-302 of Title 43A of the Oklahoma Statutes ; | |
2502 | + | 23. Dues or fees including free or complimentary dues or fees | |
2503 | + | which have a value equivalent to the charge that could have | |
2504 | + | otherwise been made, to YMCAs, YWCAs , or municipally-owned | |
2505 | + | recreation centers for the use of facilities and programs; | |
2506 | + | 24. The first Fifteen Thousand Dollars ($15,000.0 0) each year | |
2507 | + | from sales of tangible personal property or services to or by a | |
2508 | + | cultural organization established to sponsor and promot e | |
2509 | + | educational, charitable, and cultural events for disadvantaged | |
2510 | + | children, and which orga nization is exempt from taxation pu rsuant to | |
2511 | + | ||
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2535 | + | 24 | |
2536 | + | ||
2537 | + | the provisions of the Internal Revenue Code, 26 U.S.C., Sectio n | |
2538 | + | 501(c)(3); | |
2539 | + | 25. Sales of tangible personal property or ser vices to museums | |
2540 | + | or other entities which have been accredited by the American | |
2541 | + | Association of Museums. Any person making pur chases on behalf of | |
2542 | + | any such museum or other entity shall certify, in wr iting, on the | |
2543 | + | copy of the invoice or sales ticket to be reta ined by the vendor | |
2544 | + | that the purchases are made for and on behalf of such museum or | |
2545 | + | other entity and set out the name of such museum or other entity . | |
2546 | + | Any person who wrongfully or erroneously certi fies that the | |
2547 | + | purchases are for any such museum or other ent ity or who otherwise | |
2548 | + | violates the provisions of this paragraph shall be deemed guilty of | |
2549 | + | a misdemeanor and, upon conviction thereof, shall be fined an amount | |
2550 | + | equal to double the amount of sales ta x involved or incarcerated for | |
2551 | + | not more than sixty (60) days , or by both such fine and | |
2552 | + | incarceration; | |
2553 | + | 26. Sales of tickets for admission by any muse um accredited by | |
2554 | + | the American Association of Museums. In order to be eligible for | |
2555 | + | the exemption provided b y this paragraph, an amount equivalent to | |
2556 | + | the amount of the tax which would otherwise be required to be | |
2557 | + | collected pursuant to the provisions of Secti on 1350 et seq. of this | |
2558 | + | title shall be separately stated o n the admission ticket and shall | |
2559 | + | be collected and used for the sole purpose of servicing or aiding in | |
2560 | + | the servicing of debt incurred by the museum to effect the | |
2561 | + | ||
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2586 | + | ||
2587 | + | construction, enlarging or renovation of any facility to be used for | |
2588 | + | entertainment, edification , or cultural cultivation to which entry | |
2589 | + | is gained with a paid admission ticket; | |
2590 | + | 27. Sales of tangible perso nal property or services occurring | |
2591 | + | on or after June 1, 1995, to children ’s homes which are supported or | |
2592 | + | sponsored by one or more churches, members of which serve as | |
2593 | + | trustees of the home; | |
2594 | + | 28. Sales of tangible personal property or services to the | |
2595 | + | organization known as the Disabled American Veterans, Department of | |
2596 | + | Oklahoma, Inc., and subordinate chapters thereof; | |
2597 | + | 29. Sales of tangible personal proper ty or services to youth | |
2598 | + | camps which are supported or sponsored by one or more churches, | |
2599 | + | members of which serv e as trustees of the organization; | |
2600 | + | 30. a. Until July 1, 2022, transfer of tangible personal | |
2601 | + | property made pursuant to Sectio n 3226 of Title 63 of | |
2602 | + | the Oklahoma Statutes by the University Hospitals | |
2603 | + | Trust, and | |
2604 | + | b. Effective July 1, 2022, transfer of tangible p ersonal | |
2605 | + | property or services to or by: | |
2606 | + | (1) the University Hospitals Trust created pur suant | |
2607 | + | to Section 3224 of Title 63 of t he Oklahoma | |
2608 | + | Statutes, or | |
2609 | + | (2) nonprofit entities which are exempt from t axation | |
2610 | + | pursuant to the provisions of the Internal | |
2611 | + | ||
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2634 | + | 23 | |
2635 | + | 24 | |
2636 | + | ||
2637 | + | Revenue Code of the United States, 26 U.S.C., | |
2638 | + | Section 501(c)(3), which have entered into a | |
2639 | + | joint operating agreement with the Univers ity | |
2640 | + | Hospitals Trust; | |
2641 | + | 31. Sales of tangible personal property or service s to a | |
2642 | + | municipality, county, or school district pursuant to a lease or | |
2643 | + | lease-purchase agreement executed between the vendor and a | |
2644 | + | municipality, county, or school district. A copy of the lease or | |
2645 | + | lease-purchase agreement shall be retained by the vendor; | |
2646 | + | 32. Sales of tangible personal property or services to any | |
2647 | + | spaceport user, as defined in the Oklahoma Space Industry | |
2648 | + | Development Act; | |
2649 | + | 33. The sale, use, storage, consumption , or distribution in | |
2650 | + | this state, whether by the importer, exporter , or another person, of | |
2651 | + | any satellite or any associated launch vehicle includ ing components | |
2652 | + | of, and parts and motors for, any such satellite or launch vehicle, | |
2653 | + | imported or caused to be imported into th is state for the purpos e of | |
2654 | + | export by means of launching into space . This exemption provided by | |
2655 | + | this paragraph shall not be affecte d by: | |
2656 | + | a. the destruction in whole or in part of the satellite | |
2657 | + | or launch vehicle, | |
2658 | + | b. the failure of a launch to occur or be s uccessful, or | |
2659 | + | c. the absence of any transfer or title to, or possession | |
2660 | + | of, the satellite or launch vehicle after launch; | |
2661 | + | ||
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2686 | + | ||
2687 | + | 34. The sale, lease, use, storage, consumption, or distribution | |
2688 | + | in this state of any space f acility, space propulsion system or | |
2689 | + | space vehicle, satellite, or station of any kind possessing space | |
2690 | + | flight capacity including components thereof; | |
2691 | + | 35. The sale, lease, use , storage, consumption, or distribution | |
2692 | + | in this state of tangible personal property, placed on or used | |
2693 | + | aboard any space faci lity, space propulsion system or space vehicle, | |
2694 | + | satellite, or station po ssessing space flight capacity, which is | |
2695 | + | launched into space, irrespective of whether such tangible property | |
2696 | + | is returned to this state for subse quent use, storage, or | |
2697 | + | consumption in any manner; | |
2698 | + | 36. The sale, lease, use, storage, consumption , or distribution | |
2699 | + | in this state of tangible personal property meeting the d efinition | |
2700 | + | of “section 38 property” as defined in Sections 48(a)(1)(A) and | |
2701 | + | (B)(i) of the Internal Revenue Code of 1986, that is an integral | |
2702 | + | part of and used primarily in support of space flight; ho wever, | |
2703 | + | section 38 property used in support of space flight s hall not | |
2704 | + | include general office equipment, any boat, mobile home, motor | |
2705 | + | vehicle, or other vehicle of a class or type require d to be | |
2706 | + | registered, licensed, titled or documented in this state or by t he | |
2707 | + | United States government, or any other property not speci fically | |
2708 | + | suited to supporting space activity. The term “in support of space | |
2709 | + | flight”, for purposes of this paragraph, means t he altering, | |
2710 | + | monitoring, controlling, regulating, adjusting, servicing , or | |
2711 | + | ||
2712 | + | ENGR. S. B. NO. 1496 Page 16 1 | |
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2736 | + | ||
2737 | + | repairing of any space facility, space propulsion systems or space | |
2738 | + | vehicle, satellite, or station possessing space flight capacity | |
2739 | + | including the components thereof; | |
2740 | + | 37. The purchase or lease of machinery and equipment for use at | |
2741 | + | a fixed location in thi s state, which is used exclusively in the | |
2742 | + | manufacturing, processing, compounding, or producing of any space | |
2743 | + | facility, space propulsion system or sp ace vehicle, satellite, or | |
2744 | + | station of any kind possessing sp ace flight capacity. Provided, the | |
2745 | + | exemption provided for in this paragraph shall not be allowed unless | |
2746 | + | the purchaser or lessee signs an affidavit stating that the item or | |
2747 | + | items to be exempted are for the exclusive use designated he rein. | |
2748 | + | Any person furnishing a false affidavit to the vendor for the | |
2749 | + | purpose of evading payment of any tax imposed by Section 1354 o f | |
2750 | + | this title shall be subject to the penalties provided by law . As | |
2751 | + | used in this paragra ph, “machinery and equipment” means “section 38 | |
2752 | + | property” as defined in Sections 48(a)(1)(A) and (B)(i) of t he | |
2753 | + | Internal Revenue Code of 1986, which is used as an integr al part of | |
2754 | + | the manufacturing, processing, compounding, or producing of items of | |
2755 | + | tangible personal property. Such term includes parts and | |
2756 | + | accessories only to the extent that the exemption thereof is | |
2757 | + | consistent with the provisions of this paragraph; | |
2758 | + | 38. The amount of a surcharge or any other amount which is | |
2759 | + | separately stated on an admission t icket which is imposed, collected | |
2760 | + | and used for the sole pur pose of constructing, remodeling , or | |
2761 | + | ||
2762 | + | ENGR. S. B. NO. 1496 Page 17 1 | |
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2786 | + | ||
2787 | + | enlarging facilities of a public trust having a municipality or | |
2788 | + | county as its sole beneficiary; | |
2789 | + | 39. Sales of tangible personal property or services which are | |
2790 | + | directly used in or for the benefit of a state park in this state, | |
2791 | + | which are made to an organization which is exempt from taxation | |
2792 | + | pursuant to the provisions of the Inte rnal Revenue Code, 26 U.S.C., | |
2793 | + | Section 501(c)(3) and which is organized primarily for the purpose | |
2794 | + | of supporting one or more state parks located in t his state; | |
2795 | + | 40. The sale, lease, or use of parking privileges by an | |
2796 | + | institution of The Oklahoma State System of Higher Education; | |
2797 | + | 41. Sales of tangible personal property or services for use on | |
2798 | + | campus or school construction projects for the benefit of | |
2799 | + | institutions of The Oklahoma State System of Higher E ducation, | |
2800 | + | private institutions of higher education accredite d by the Oklahoma | |
2801 | + | State Regents for Higher Education, or any public school or school | |
2802 | + | district when such projects are financed by or through the use of | |
2803 | + | nonprofit entities which are exempt from taxa tion pursuant to the | |
2804 | + | provisions of the Internal Revenue Code , 26 U.S.C., Section | |
2805 | + | 501(c)(3); | |
2806 | + | 42. Sales of tangible personal property or services by an | |
2807 | + | organization which is exempt from taxation pursuant to t he | |
2808 | + | provisions of the Internal Revenue Code, 26 U. S.C., Section | |
2809 | + | 501(c)(3), in the course of conducting a natio nal championship | |
2810 | + | sports event, but only if all or a portion of the payment in | |
2811 | + | ||
2812 | + | ENGR. S. B. NO. 1496 Page 18 1 | |
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2836 | + | ||
2837 | + | exchange therefor would qualify as the receipt of a qualified | |
2838 | + | sponsorship payment described in Internal Revenue Code, 26 U.S.C., | |
2839 | + | Section 513(i). Sales exempted pursuant to this paragraph shall be | |
2840 | + | exempt from all Oklahoma sales, use, excise , and gross receipts | |
2841 | + | taxes; | |
2842 | + | 43. Sales of tangible personal property or services to o r by an | |
2843 | + | organization which: | |
2844 | + | a. is exempt from taxation pursuant to the provisions of | |
2845 | + | the Internal Revenue Cod e, 26 U.S.C., Section | |
2846 | + | 501(c)(3), | |
2847 | + | b. is affiliated with a comprehensive university wit hin | |
2848 | + | The Oklahoma State System of Higher Education, and | |
2849 | + | c. has been organized primarily for the purpose of | |
2850 | + | providing education and teacher training and | |
2851 | + | conducting events re lating to robotics; | |
2852 | + | 44. The first Fifteen Thousand Dollars ($15,000.00) each year | |
2853 | + | from sales of tangible p ersonal property to or by youth athletic | |
2854 | + | teams which are part of an athletic organization exempt from | |
2855 | + | taxation pursuant to the provisions of the Inte rnal Revenue Code, 26 | |
2856 | + | U.S.C., Section 501(c)(4), for the purposes of raising funds for the | |
2857 | + | benefit of the team; | |
2858 | + | 45. Sales of tickets for admission to a collegiate athletic | |
2859 | + | event that is held in a facility owned or operated by a municipality | |
2860 | + | or a public trust of which the municipality is the sole beneficiary | |
2861 | + | ||
2862 | + | ENGR. S. B. NO. 1496 Page 19 1 | |
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2886 | + | ||
2887 | + | and that actually determines or is part of a tourname nt or | |
2888 | + | tournament process for determining a conference tournament | |
2889 | + | championship, a conferen ce championship, or a national championship; | |
2890 | + | 46. Sales of tangible personal property or services to or by an | |
2891 | + | organization which is exempt fr om taxation pursuant to th e | |
2892 | + | provisions of the Internal Revenue Cod e, 26 U.S.C., Section | |
2893 | + | 501(c)(3) and is operating the Oklahoma City National Memorial and | |
2894 | + | Museum, an affiliate of the National Park System; | |
2895 | + | 47. Sales of tangible personal property or servic es to | |
2896 | + | organizations which a re exempt from federal taxation pursuant to the | |
2897 | + | provisions of Section 501(c)(3) of the In ternal Revenue Code, 26 | |
2898 | + | U.S.C., Section 501(c)(3), the membe rships of which are limited to | |
2899 | + | honorably discharged veterans, and which furnish financial support | |
2900 | + | to area veterans’ organizations to be used for th e purpose of | |
2901 | + | constructing a memorial or museum; | |
2902 | + | 48. Sales of tangible personal property or services on or af ter | |
2903 | + | January 1, 2003, to an organization which is exempt from taxation | |
2904 | + | pursuant to the provisions of the Int ernal Revenue Code, 26 U.S.C., | |
2905 | + | Section 501(c)(3) that is expending monies received from a private | |
2906 | + | foundation grant in conjunction with expenditures o f local sales tax | |
2907 | + | revenue to construct a local public library; | |
2908 | + | 49. Sales of tangible personal property or services to a state | |
2909 | + | that borders this st ate or any political subdivision of that state, | |
2910 | + | but only to the extent that the other state or political subd ivision | |
2911 | + | ||
2912 | + | ENGR. S. B. NO. 1496 Page 20 1 | |
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2936 | + | ||
2937 | + | exempts or does not impose a tax on similar sales of items to this | |
2938 | + | state or a political subdivision of this state; | |
2939 | + | 50. Effective July 1, 2005, sales of tangible personal property | |
2940 | + | or services to the Career Technology Student Organizations under the | |
2941 | + | direction and supervision of the Oklahoma Department of Career and | |
2942 | + | Technology Education; | |
2943 | + | 51. Sales of tangible personal property to a public trus t | |
2944 | + | having either a single city, town or county or multiple cities, | |
2945 | + | towns or counties, or combination thereof a s beneficiary or | |
2946 | + | beneficiaries or a nonprofit organization which is exempt fr om | |
2947 | + | taxation pursuant to the pro visions of the Internal Revenue Code, 2 6 | |
2948 | + | U.S.C., Section 501(c)(3) for the purpose of co nstructing | |
2949 | + | improvements to or expanding a hospital or nursin g home owned and | |
2950 | + | operated by any such public trust or nonprofit entity prior to July | |
2951 | + | 1, 2008, in counties wi th a population of less than one hundre d | |
2952 | + | thousand (100,000) persons, according to the mo st recent Federal | |
2953 | + | Decennial Census. As used in this paragra ph, “constructing | |
2954 | + | improvements to or expanding” shall not mean any expense fo r routine | |
2955 | + | maintenance or genera l repairs and shall require a project c ost of | |
2956 | + | at least One Hundred Thousand Dollars ($10 0,000.00). For purposes | |
2957 | + | of this paragraph, sales made to a contractor or subcontractor that | |
2958 | + | enters into a contractual relationship with a public trust or | |
2959 | + | nonprofit entity as described by this paragraph shal l be considered | |
2960 | + | sales made to the public trust or nonprofit entity. The exemption | |
2961 | + | ||
2962 | + | ENGR. S. B. NO. 1496 Page 21 1 | |
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2986 | + | ||
2987 | + | authorized by this paragra ph shall be administered in the form of a | |
2988 | + | refund from the sales tax revenues apportioned pursuant to Section | |
2989 | + | 1353 of this title and the vendor shal l be required to collect the | |
2990 | + | sales tax otherwise applicable to the transaction. The purchaser | |
2991 | + | may apply for a refund of the sales tax paid in the manner | |
2992 | + | prescribed by this paragraph . Within thirty (30) days after th e end | |
2993 | + | of each fiscal year, any purchase r that is entitled to make | |
2994 | + | application for a refu nd based upon the exempt treatment authorized | |
2995 | + | by this paragraph may file an application for refund of the sales | |
2996 | + | taxes paid during such pr eceding fiscal year. The Tax Commission | |
2997 | + | shall prescribe a form for pu rposes of making the application for | |
2998 | + | refund. The Tax Commission shall determine whether or not the total | |
2999 | + | amount of sales tax exemptions claimed by all purchasers is equal to | |
3000 | + | or less than Six Hundred Fifty Thousand Do llars ($650,000.00). If | |
3001 | + | such claims are less than or equal to that amount, the Tax | |
3002 | + | Commission shall make refunds to the purchasers in the full amou nt | |
3003 | + | of the documented and verified sales tax amounts. If such claims by | |
3004 | + | all purchasers are in excess of Six Hundred Fifty Thousand Dollars | |
3005 | + | ($650,000.00), the Tax Commission shall determine the amo unt of each | |
3006 | + | purchaser’s claim, the total amount of all claim s by all purchasers, | |
3007 | + | and the percentage each purchaser’s claim amount bears t o the total. | |
3008 | + | The resulting percentage determined for each purchaser s hall be | |
3009 | + | multiplied by Six Hundred Fifty Thousand Dollars ($650,000.00) to | |
3010 | + | determine the amount of refundable sales tax to be paid to each | |
3011 | + | ||
3012 | + | ENGR. S. B. NO. 1496 Page 22 1 | |
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3036 | + | ||
3037 | + | purchaser. The pro rata refund amount shall be the only method to | |
3038 | + | recover sales taxes paid during the preceding fisca l year and no | |
3039 | + | balance of any sales taxes paid on a pro rata basis shall be the | |
3040 | + | subject of any subsequent refu nd claim pursuant to this paragraph; | |
639 | 3041 | 52. Effective July 1, 2006, sales of t angible personal property | |
640 | 3042 | or services to any organization which assists , trains, educates, and | |
641 | 3043 | provides housing for phys ically and mentally handicapped persons and | |
642 | 3044 | which is exempt from taxation pursuant to the provisions of the | |
643 | 3045 | Internal Revenue Code, 26 U. S.C., Section 501(c)(3) and that | |
644 | 3046 | receives at least eighty-five percent (85%) of its annual budget | |
645 | 3047 | from state or federal funds. In order to receive the benefit of the | |
646 | 3048 | exemption authorized by this paragraph, the taxpayer shall be | |
647 | 3049 | required to make payment of the applicable sales tax at the time of | |
648 | 3050 | sale to the vendor in the mann er otherwise required by law. | |
649 | 3051 | Notwithstanding any other provision of the Oklahoma Uniform Tax | |
650 | 3052 | Procedure Code to the contrary, the taxpayer shall be authorized to | |
651 | 3053 | file a claim for refun d of sales taxes paid that quali fy for the | |
652 | 3054 | exemption authorized by this paragraph for a period of one (1) year | |
653 | 3055 | after the date of the sale transaction. The taxpayer shall be | |
654 | 3056 | required to provide documentation as may be prescribed by the | |
655 | 3057 | Oklahoma Tax Commiss ion in support of the refund cla im. The total | |
656 | 3058 | amount of sales tax qual ifying for exempt treatment pursuant to this | |
657 | 3059 | paragraph shall not exceed One Hundred Seventy -five Thousand Dollars | |
658 | 3060 | ($175,000.00) each fiscal year. Claims for refund shall be | |
3061 | + | ||
3062 | + | ENGR. S. B. NO. 1496 Page 23 1 | |
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3086 | + | ||
659 | 3087 | processed in the order in which such claims are received by the | |
660 | - | ||
661 | - | ENR. S. B. NO. 1496 Page 16 | |
662 | 3088 | Oklahoma Tax Commission. If a claim otherwise timely filed exceeds | |
663 | 3089 | the total amount of refunds payable for a fiscal year, such claim | |
664 | 3090 | shall be barred; | |
665 | - | ||
666 | 3091 | 53. The first Two Thousand Dollars ($2,000.00) eac h year of | |
667 | 3092 | sales of tangible perso nal property or services to, by, or for the | |
668 | 3093 | benefit of a qualified neighborhood watch or ganization that is | |
669 | 3094 | endorsed or supported by or working direc tly with a law enforcement | |
670 | 3095 | agency with jurisdiction in the area in which th e neighborhood watch | |
671 | - | organization is located. As used in this paragraph, | |
672 | - | neighborhood watch organization | |
3096 | + | organization is located. As used in this paragraph , “qualified | |
3097 | + | neighborhood watch organization ” means an organization that is a | |
673 | 3098 | not-for-profit corporation unde r the laws of the State of Oklahoma | |
674 | 3099 | this state that was created to help prevent crimin al activity in an | |
675 | 3100 | area through community involvement and inte raction with local law | |
676 | 3101 | enforcement and which is o ne of the first two thousand organizations | |
677 | 3102 | which makes applicat ion to the Oklahoma Tax Commission for the | |
678 | 3103 | exemption after March 29, 2006; | |
679 | - | ||
680 | 3104 | 54. Sales of tangible personal property to a nonprofit | |
681 | 3105 | organization, exempt from taxation pursuant to the provisions of the | |
682 | 3106 | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), org anized | |
683 | 3107 | primarily for the purpose of providing services to homeless persons | |
684 | 3108 | during the day and located in a metropoli tan area with a population | |
685 | 3109 | in excess of five hundred thousand (500,000) perso ns according to | |
686 | 3110 | the latest Federal Decennial Census . The exemption authorized by | |
3111 | + | ||
3112 | + | ENGR. S. B. NO. 1496 Page 24 1 | |
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3136 | + | ||
687 | 3137 | this paragraph shall be applicable to sales of tangible persona l | |
688 | 3138 | property to a qualified entity o ccurring on or after January 1, | |
689 | 3139 | 2005; | |
690 | - | ||
691 | 3140 | 55. Sales of tangible personal propert y or services to or by an | |
692 | 3141 | organization which is exempt from tax ation pursuant to the | |
693 | 3142 | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
694 | 3143 | 501(c)(3) for events the principal purpose of which is to prov ide | |
695 | 3144 | funding for the preservation of wetlands and habitat for wild ducks; | |
696 | - | ||
697 | 3145 | 56. Sales of tangible personal propert y or services to or by an | |
698 | 3146 | organization which is exempt from taxation pursuant to the | |
699 | 3147 | provisions of the Internal Reve nue Code, 26 U.S.C., Section | |
700 | 3148 | 501(c)(3) for events the principal purpose of wh ich is to provide | |
701 | 3149 | funding for the preservation and conservation of wild turkeys; | |
702 | - | ||
703 | - | ||
704 | - | ENR. S. B. NO. 1496 Page 17 | |
705 | 3150 | 57. Sales of tangible personal property or services to an | |
706 | 3151 | organization which: | |
707 | - | ||
708 | 3152 | a. is exempt from taxation pursuant to the prov isions of | |
709 | 3153 | the Internal Revenue Code, 26 U.S.C., S ection | |
710 | 3154 | 501(c)(3), and | |
711 | - | ||
712 | 3155 | b. is part of a network of community -based, autonomous | |
713 | 3156 | member organizations that meets the following | |
714 | 3157 | criteria: | |
715 | - | ||
716 | 3158 | (1) serves people with workplace disadvantages and | |
717 | 3159 | disabilities by providi ng job training and | |
3160 | + | ||
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3185 | + | ||
718 | 3186 | employment services, as well as job placement | |
719 | 3187 | opportunities and post -employment support, | |
720 | - | ||
721 | 3188 | (2) has locations in the United States and at least | |
722 | 3189 | twenty other countries, | |
723 | - | ||
724 | 3190 | (3) collects donated clothing and household goods to | |
725 | 3191 | sell in retail stores and provides contract labor | |
726 | 3192 | services to business and government, and | |
727 | - | ||
728 | 3193 | (4) provides documentation to the Oklah oma Tax | |
729 | 3194 | Commission that over seventy-five percent (75%) | |
730 | 3195 | of its revenues are channeled into employment, | |
731 | 3196 | job training and placement programs, and other | |
732 | 3197 | critical community services; | |
733 | - | ||
734 | 3198 | 58. Sales of tickets made on or after September 21, 2005, and | |
735 | 3199 | complimentary or free tickets for admission issued on or after | |
736 | 3200 | September 21, 2005, whic h have a value equivalent to the charge that | |
737 | 3201 | would have otherwise been made, for admission to a professional | |
738 | 3202 | athletic event in which a team in the National Basketball | |
739 | 3203 | Association is a participant, which is held in a facility owned or | |
740 | 3204 | operated by a municipa lity, a county, or a public trust of which a | |
741 | 3205 | municipality or a county i s the sole beneficiary, and sales of | |
742 | 3206 | tickets made on or after July 1, 2007, and complimentary or free | |
743 | 3207 | tickets for admission issued on or after July 1, 2007, which have a | |
744 | 3208 | value equivalent to the charge that would have otherwise bee n made, | |
745 | 3209 | for admission to a professional athletic event in which a team in | |
3210 | + | ||
3211 | + | ENGR. S. B. NO. 1496 Page 26 1 | |
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3235 | + | ||
746 | 3236 | the National Hockey League is a participant, which is held in a | |
747 | - | ||
748 | - | ENR. S. B. NO. 1496 Page 18 | |
749 | 3237 | facility owned or operated by a municipality, a county, or a public | |
750 | 3238 | trust of which a municipality or a county is the so le beneficiary; | |
751 | - | ||
752 | 3239 | 59. Sales of tickets for admission and complimentary or f ree | |
753 | 3240 | tickets for admission which have a value equivalent to the charge | |
754 | 3241 | that would have otherwise been made to a professional sporting even t | |
755 | 3242 | involving ice hockey, baseball, basketball, football or arena | |
756 | - | football, or soccer. As used in this paragraph, | |
757 | - | sporting event | |
3243 | + | football, or soccer. As used in this paragraph, “professional | |
3244 | + | sporting event” means an organized athletic competition between | |
758 | 3245 | teams that are members of an organized league or association with | |
759 | 3246 | centralized management, other than a nationa l league or national | |
760 | 3247 | association, that imposes requirements for participat ion in the | |
761 | 3248 | league upon the teams, the individual athletes , or both, and which | |
762 | 3249 | uses a salary structure to compensate the athletes; | |
763 | - | ||
764 | 3250 | 60. Sales of tickets for admission to an annual even t sponsored | |
765 | 3251 | by an educational and charitable organization of women which is | |
766 | 3252 | exempt from taxation pursuant to the provisions of the Inter nal | |
767 | 3253 | Revenue Code, 26 U.S.C., Section 501(c)(3) and has as its mission | |
768 | 3254 | promoting volunteerism, developing the potential o f women and | |
769 | 3255 | improving the community through the effective action and lead ership | |
770 | 3256 | of trained volunteers; | |
771 | - | ||
772 | 3257 | 61. Sales of tangible personal p roperty or services to an | |
773 | 3258 | organization, which is exempt from taxation pur suant to the | |
774 | 3259 | provisions of the Internal Revenue Code, 26 U.S.C., Sectio n | |
3260 | + | ||
3261 | + | ENGR. S. B. NO. 1496 Page 27 1 | |
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3285 | + | ||
775 | 3286 | 501(c)(3), and which is itself a member of an o rganization which is | |
776 | 3287 | exempt from taxation pursuant to the provi sions of the Internal | |
777 | 3288 | Revenue Code, 26 U.S.C., Section 501(c)(3), if the membership | |
778 | 3289 | organization is primarily engaged in advancing the purposes of its | |
779 | 3290 | member organizations through fundraising, public awareness, or other | |
780 | 3291 | efforts for the benefit of its membe r organizations, and if the | |
781 | 3292 | member organization is primarily engaged eithe r in providing | |
782 | 3293 | educational services and program s concerning health-related diseases | |
783 | 3294 | and conditions to individuals suffe ring from such health-related | |
784 | 3295 | diseases and conditions or their caregivers and family members or | |
785 | 3296 | support to such individuals, or in health -related research as to | |
786 | 3297 | such diseases and condi tions, or both. In order to qualify for the | |
787 | 3298 | exemption authorized by thi s paragraph, the member nonprofit | |
788 | 3299 | organization shall be require d to provide proof to the Oklahoma Tax | |
789 | 3300 | Commission of its membership status in the membership organization; | |
790 | - | ||
791 | - | ||
792 | - | ENR. S. B. NO. 1496 Page 19 | |
793 | 3301 | 62. Sales of tangible personal prope rty or services to or by an | |
794 | 3302 | organization which is part of a national volunteer women’s service | |
795 | 3303 | organization dedicated to promoting patriotism, preserving American | |
796 | 3304 | history, and securing better education for children and which has at | |
797 | 3305 | least 168,000 members in 3,000 chapters across the United States; | |
798 | - | ||
799 | 3306 | 63. Sales of tangible personal property or services to or by a | |
800 | 3307 | YWCA or YMCA organization which is part of a national nonprofit | |
801 | 3308 | community service organization working to meet the health and s ocial | |
802 | 3309 | service needs of its members across the United States; | |
3310 | + | ||
3311 | + | ENGR. S. B. NO. 1496 Page 28 1 | |
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803 | 3335 | ||
804 | 3336 | 64. Sales of tangible personal property or services to or by a | |
805 | 3337 | veteran’s organization which is exempt from taxation pursuant to the | |
806 | 3338 | provisions of the Internal Revenue Code, 26 U.S.C., Section | |
807 | 3339 | 501(c)(19) and which is k nown as the Veterans of Foreign Wars of the | |
808 | 3340 | United States, Oklahoma Chapters; | |
809 | - | ||
810 | 3341 | 65. Sales of boxes of food by a c hurch or by an organization, | |
811 | 3342 | which is exempt from taxation pursuant to the provisions of the | |
812 | 3343 | Internal Revenue Code, 26 U. S.C., Section 501(c)(3) . To qualify | |
813 | 3344 | under the provisions of this paragr aph, the organization must be | |
814 | 3345 | organized for the primary purpose of feeding needy individuals or to | |
815 | 3346 | encourage volunteer service by requ iring such service in order to | |
816 | 3347 | purchase food. These boxes shall only con tain edible staple food | |
817 | 3348 | items; | |
818 | - | ||
819 | 3349 | 66. Sales of tangible personal property or services to any | |
820 | 3350 | person with whom a ch urch has duly entered into a construction | |
821 | 3351 | contract, necessary for carr ying out such contract or to any | |
822 | 3352 | subcontractor to such a construction contract; | |
823 | - | ||
824 | 3353 | 67. Sales of tangible personal property or services used | |
825 | 3354 | exclusively for charitable or educational purpos es, to or by an | |
826 | 3355 | organization which: | |
827 | - | ||
828 | 3356 | a. is exempt from taxation pursu ant to the provisions of | |
829 | 3357 | the Internal Revenue Code, 2 6 U.S.C., Section | |
830 | 3358 | 501(c)(3), | |
831 | 3359 | ||
3360 | + | ENGR. S. B. NO. 1496 Page 29 1 | |
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3384 | + | ||
832 | 3385 | b. has filed a Not-for-Profit Certificate o f | |
833 | 3386 | Incorporation in this state, and | |
834 | - | ||
835 | - | ||
836 | - | ENR. S. B. NO. 1496 Page 20 | |
837 | 3387 | c. is organized for the purp ose of: | |
838 | - | ||
839 | 3388 | (1) providing training and education to | |
840 | 3389 | developmentally disabled individuals, | |
841 | - | ||
842 | 3390 | (2) educating the community about t he rights, | |
843 | 3391 | abilities, and strengths of developmentally | |
844 | 3392 | disabled individuals, and | |
845 | - | ||
846 | 3393 | (3) promoting unity among developmentally disabled | |
847 | 3394 | individuals in their community and geographic | |
848 | 3395 | area; | |
849 | - | ||
850 | 3396 | 68. Sales of tangible personal property or services to any | |
851 | 3397 | organization which is a shelter for abused, neglected, or abandoned | |
852 | 3398 | children and which is exempt from taxation pursuant to the | |
853 | 3399 | provisions of the In ternal Revenue Code, 26 U.S.C., Section | |
854 | 3400 | 501(c)(3); provided, until July 1, 2008, such exemption shall apply | |
855 | 3401 | only to eligible shelters for children from birth to age twelve (12) | |
856 | 3402 | and after July 1, 2008, such exemption shall apply to eligible | |
857 | 3403 | shelters for children from birth to age eighteen (18); | |
858 | - | ||
859 | 3404 | 69. Sales of tangible personal property or services to a child | |
860 | 3405 | care center which is licensed pursuant to the Oklahoma Child Care | |
861 | 3406 | Facilities Licensing Act and which: | |
862 | 3407 | ||
3408 | + | ENGR. S. B. NO. 1496 Page 30 1 | |
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3431 | + | 24 | |
3432 | + | ||
863 | 3433 | a. possesses a 3-star rating from the Department of Human | |
864 | 3434 | Services Reaching for the Stars Program or a national | |
865 | 3435 | accreditation, and | |
866 | - | ||
867 | 3436 | b. allows on-site universal prekindergart en education to | |
868 | 3437 | be provided to four-year-old children through a | |
869 | 3438 | contractual agreement with any public school or school | |
870 | 3439 | district. | |
871 | - | ||
872 | 3440 | For the purposes of this paragraph, sales made to any person, | |
873 | 3441 | firm, agency, or entity that has entered previously into a | |
874 | 3442 | contractual relationship with a child care center for construction | |
875 | 3443 | and improvement of buildings and other structures owned by the child | |
876 | 3444 | care center and operated for educational purposes shall be | |
877 | 3445 | considered sales made to a child care center . Any such person, | |
878 | 3446 | firm, agency, or entity making purchases on behalf of a child care | |
879 | - | ||
880 | - | ENR. S. B. NO. 1496 Page 21 | |
881 | 3447 | center shall certify, in writing, on the copy of the invoice or | |
882 | 3448 | sales ticket the nature of the purchase. Any such person, or person | |
883 | 3449 | acting on behalf of a firm, agency , or entity making purcha ses on | |
884 | 3450 | behalf of a child care center in violation of this paragraph shal l | |
885 | 3451 | be guilty of a misdemeanor and upon conviction thereof shall be | |
886 | 3452 | fined an amount equal to double the amount of sales tax involved or | |
887 | 3453 | incarcerated for not more than sixty (60) days or both; | |
888 | - | ||
889 | 3454 | 70. a. Sales of tangible personal property to a service | |
890 | 3455 | organization of mothers who have children who are | |
891 | 3456 | serving or who have ser ved in the military, which | |
3457 | + | ||
3458 | + | ENGR. S. B. NO. 1496 Page 31 1 | |
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3482 | + | ||
892 | 3483 | service organization is exempt from taxation pursuant | |
893 | 3484 | to the provisions of the Internal Revenu e Code, 26 | |
894 | 3485 | U.S.C., Section 501(c)(19) and which is known as the | |
895 | 3486 | Blue Star Mothers of America, Inc. The exemption | |
896 | 3487 | provided by this para graph shall only apply to the | |
897 | 3488 | purchase of tangible personal property actually sent | |
898 | 3489 | to United States military personnel ov erseas who are | |
899 | 3490 | serving in a combat zone and not to any other tangible | |
900 | 3491 | personal property purchased by the organization . | |
901 | 3492 | Provided, this exemption shall not app ly to any sales | |
902 | 3493 | tax levied by a city, town, county, or any other | |
903 | 3494 | jurisdiction in this state. | |
904 | - | ||
905 | 3495 | b. The exemption authorized by this paragraph shall be | |
906 | 3496 | administered in the fo rm of a refund from the sales | |
907 | 3497 | tax revenues apportioned p ursuant to Section 1353 of | |
908 | 3498 | this title, and the vendor shall be requ ired to | |
909 | 3499 | collect the sales tax otherwise applicable to the | |
910 | 3500 | transaction. The purchaser may apply for a refund of | |
911 | 3501 | the state sales tax p aid in the manner prescribed by | |
912 | 3502 | this paragraph. Within sixty (60) days after the end | |
913 | 3503 | of each calendar quarter, any purchas er that is | |
914 | 3504 | entitled to make application for a refund based up on | |
915 | 3505 | the exempt treatment authorized by this paragraph may | |
916 | 3506 | file an application for refund of the state sales | |
3507 | + | ||
3508 | + | ENGR. S. B. NO. 1496 Page 32 1 | |
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3532 | + | ||
917 | 3533 | taxes paid during suc h preceding calendar quarter . | |
918 | 3534 | The Tax Commission shall prescribe a form for purposes | |
919 | 3535 | of making the application for refund. | |
920 | - | ||
921 | 3536 | c. A purchaser who applies for a refund pursuant to this | |
922 | 3537 | paragraph shall certify that the items were actually | |
923 | - | ||
924 | - | ENR. S. B. NO. 1496 Page 22 | |
925 | 3538 | sent to military perso nnel overseas in a combat zone . | |
926 | 3539 | Any purchaser that applies for a refund for the | |
927 | 3540 | purchase of items that are not authorized for | |
928 | 3541 | exemption under this paragraph shall be subject to a | |
929 | 3542 | penalty in the amoun t of Five Hundred Dollars | |
930 | 3543 | ($500.00); | |
931 | - | ||
932 | 3544 | 71. Sales of food and snack items to or by an or ganization | |
933 | 3545 | which is exempt from tax ation pursuant to the provisions of the | |
934 | 3546 | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), whose primary | |
935 | 3547 | and principal purpose is pro viding funding for scholarships in the | |
936 | 3548 | medical field; | |
937 | - | ||
938 | 3549 | 72. Sales of tangible personal property or services for use | |
939 | 3550 | solely on construction projects for organizations which are exempt | |
940 | 3551 | from taxation pursuant to the provisions of the Internal Revenue | |
941 | 3552 | Code, 26 U.S.C., Section 501(c)(3) and whose purpose is providing | |
942 | 3553 | end-of-life care and access t o hospice services to low-income | |
943 | 3554 | individuals who live in a facility owned by the organization . The | |
944 | 3555 | exemption provided by this paragraph applies to sales to the | |
945 | 3556 | organization as well as to sales to any person with whom the | |
3557 | + | ||
3558 | + | ENGR. S. B. NO. 1496 Page 33 1 | |
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3578 | + | 21 | |
3579 | + | 22 | |
3580 | + | 23 | |
3581 | + | 24 | |
3582 | + | ||
946 | 3583 | organization has duly entered into a construction contract, | |
947 | 3584 | necessary for carrying out such contract or to any subcontractor to | |
948 | 3585 | such a construction contract. Any person making purchases on behalf | |
949 | 3586 | of such organization shall certify, in writing, on the copy of the | |
950 | 3587 | invoice or sales ticket to be retained by the vendor that th e | |
951 | 3588 | purchases are made for and on behalf of such organization and set | |
952 | 3589 | out the name of such organization. Any person who wrongfully or | |
953 | 3590 | erroneously certifies that purchases are for any of the abo ve-named | |
954 | 3591 | organizations or who otherwise violates this section sh all be guilty | |
955 | 3592 | of a misdemeanor and upon conviction thereof shall be fined an | |
956 | 3593 | amount equal to double the amount of sales tax involved or | |
957 | 3594 | incarcerated for not more than sixty (60) days or both; | |
958 | - | ||
959 | 3595 | 73. Sales of tickets for admi ssion to events held by | |
960 | 3596 | organizations exempt from taxation pursuant to the provisions of the | |
961 | 3597 | Internal Revenue Code, 26 U.S.C., Section 501(c)(3) that are | |
962 | 3598 | organized for the purpose of supporting general hospitals licensed | |
963 | 3599 | by the State Department of Health; | |
964 | - | ||
965 | 3600 | 74. Sales of tangible personal property or services: | |
966 | - | ||
967 | - | ||
968 | - | ENR. S. B. NO. 1496 Page 23 | |
969 | 3601 | a. to a foundation which is exempt from taxa tion pursuant | |
970 | 3602 | to the provisions of the Internal Revenue Code, 26 | |
971 | 3603 | U.S.C., Section 501(c)(3) and which raises tax - | |
972 | 3604 | deductible contributions in support of a wide range of | |
973 | 3605 | firearms-related public interest activities of the | |
974 | 3606 | National Rifle Association of America and other | |
3607 | + | ||
3608 | + | ENGR. S. B. NO. 1496 Page 34 1 | |
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3628 | + | 21 | |
3629 | + | 22 | |
3630 | + | 23 | |
3631 | + | 24 | |
3632 | + | ||
975 | 3633 | organizations that defend and foster Second Amendment | |
976 | 3634 | rights, and | |
977 | - | ||
978 | 3635 | b. to or by a grassroots fundraising program for sal es | |
979 | 3636 | related to events to raise funds for a foundation | |
980 | 3637 | meeting the qualifications of subparagraph a of this | |
981 | 3638 | paragraph; | |
982 | - | ||
983 | 3639 | 75. Sales by an organization or entity which is exempt from | |
984 | 3640 | taxation pursuant to t he provisions of the Internal Revenue Code, 26 | |
985 | 3641 | U.S.C., Section 501(c)(3) which are rel ated to a fundraising event | |
986 | 3642 | sponsored by the organization or entity when the event does not | |
987 | 3643 | exceed any five (5) consecutive days and when the sales are not in | |
988 | - | the organization | |
3644 | + | the organization’s or the entity’s regular course of business . | |
989 | 3645 | Provided, the exemption provided in this paragraph shall be li mited | |
990 | 3646 | to tickets sold for admittance to the fundraising event and ite ms | |
991 | 3647 | which were donated to the organization or entity for sale at the | |
992 | 3648 | event; | |
993 | - | ||
994 | 3649 | 76. Effective November 1, 2017, sales of tangible pe rsonal | |
995 | 3650 | property or services to an organization which is ex empt from | |
996 | 3651 | taxation pursuant to the provisions of the Internal Revenue Code, 26 | |
997 | 3652 | U.S.C., Section 501(c)(3) and operates as a collaborative model | |
998 | 3653 | which connects community agencies in one location to se rve | |
999 | 3654 | individuals and families a ffected by violence and wher e victims have | |
1000 | 3655 | access to services and advocacy at no cost to the victi m; | |
1001 | 3656 | ||
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3680 | + | 24 | |
3681 | + | ||
1002 | 3682 | 77. Effective July 1, 2018, sales of tangible personal property | |
1003 | 3683 | or services to or by an association which is exempt from tax ation | |
1004 | 3684 | pursuant to the provisio ns of the Internal Revenue Code, 26 U.S.C., | |
1005 | 3685 | Section 501(c)(19) and which is known as the National Guard | |
1006 | 3686 | Association of Oklahoma; | |
1007 | - | ||
1008 | 3687 | 78. Effective July 1, 2018, sales of tan gible personal property | |
1009 | 3688 | or services to or by an associat ion which is exempt from taxat ion | |
1010 | 3689 | pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., | |
1011 | - | ||
1012 | - | ENR. S. B. NO. 1496 Page 24 | |
1013 | 3690 | Section 501(c)(4) and whic h is known as the Marine Corps League of | |
1014 | 3691 | Oklahoma; | |
1015 | - | ||
1016 | 3692 | 79. Sales of tangible personal property or services to the | |
1017 | 3693 | American Legion, whether the purchase is made b y the entity | |
1018 | 3694 | chartered by the United States Congress or is an entity organized | |
1019 | 3695 | under the laws of this or another state pursuant to the authority of | |
1020 | 3696 | the national American Legion organization; | |
1021 | - | ||
1022 | 3697 | 80. Sales of tangible personal pro perty or services to or by an | |
1023 | 3698 | organization which is: | |
1024 | - | ||
1025 | 3699 | a. exempt from taxation pursuant to the provisions of the | |
1026 | 3700 | Internal Revenue Code, 26 U.S.C., Section 501(c)(3), | |
1027 | - | ||
1028 | 3701 | b. verified with a letter from the M IT Fab Foundation as | |
1029 | 3702 | an official member of the Fab Lab N etwork in | |
1030 | 3703 | compliance with the Fab Charter, and | |
1031 | - | ||
1032 | 3704 | c. able to provide documentation that its primary and | |
1033 | 3705 | principal purpose is to pro vide community access to | |
3706 | + | ||
3707 | + | ENGR. S. B. NO. 1496 Page 36 1 | |
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3728 | + | 22 | |
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3730 | + | 24 | |
3731 | + | ||
1034 | 3732 | advanced 21st century manufacturing and digital | |
1035 | 3733 | fabrication tools for science, technology, | |
1036 | 3734 | engineering, art and math (STEAM) learning skills, | |
1037 | 3735 | developing inventions, creating and sustaining | |
1038 | 3736 | businesses, and producing personalized pro ducts; | |
1039 | - | ||
1040 | 3737 | 81. Effective November 1, 2021, sales of tangible personal | |
1041 | 3738 | property or services used solely for construction and remodel ing | |
1042 | 3739 | projects to an organizatio n which is exempt from taxation pursuant | |
1043 | 3740 | to the provisions of the Internal Revenue Code, 26 U.S.C. , Section | |
1044 | 3741 | 501(c)(3), and which meets the following requirements: | |
1045 | - | ||
1046 | 3742 | a. its primary purpose is to construct or remodel and | |
1047 | 3743 | sell affordable housing and provide hom eownership | |
1048 | 3744 | education to residents of Oklahoma that have an income | |
1049 | 3745 | that is below one hundred percen t (100%) of the Family | |
1050 | 3746 | Median Income guidelines as defined by the U.S. | |
1051 | 3747 | Department of Housing and Urban Development, | |
1052 | - | ||
1053 | - | ||
1054 | - | ENR. S. B. NO. 1496 Page 25 | |
1055 | 3748 | b. it conducts its activities in a manner that serves | |
1056 | 3749 | public or charitable purposes, rather than commercial | |
1057 | 3750 | purposes, | |
1058 | - | ||
1059 | 3751 | c. it receives funding and revenue and charges fees in a | |
1060 | 3752 | manner that does not incentivize it o r its employees | |
1061 | 3753 | to act other than in the best interests of its | |
1062 | 3754 | clients, and | |
1063 | 3755 | ||
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3780 | + | ||
1064 | 3781 | d. it compensates its employees in a manner that does not | |
1065 | 3782 | incentivize employees to act other than in the bes t | |
1066 | 3783 | interests of its clients; | |
1067 | - | ||
1068 | 3784 | 82. Effective November 1, 2021, sales of tangible personal | |
1069 | 3785 | property or services to a nonprofit ent ity, organized pursuant to | |
1070 | 3786 | Oklahoma law before January 1, 2022, exempt from federal income | |
1071 | 3787 | taxation pursuant to Section 501(c) of the Internal Revenue Code of | |
1072 | 3788 | 1986, as amended, the principal functions of which are to provide | |
1073 | 3789 | assistance to natural persons f ollowing a disaster, with progr am | |
1074 | 3790 | emphasis on repair or restoration to single -family residential | |
1075 | 3791 | dwellings or the construction of a replacement single-family | |
1076 | - | residential dwelling. As used in this | |
3792 | + | residential dwelling. As used in this para graph, “disaster” means | |
1077 | 3793 | damage to property with or with out accompanying injury to pers ons | |
1078 | 3794 | from heavy rain, high winds, tornadic winds, drought, wildfire, | |
1079 | 3795 | snow, ice, geologic disturbanc es, explosions, chemical accidents or | |
1080 | 3796 | spills, and other events causing d amage to property on a large | |
1081 | 3797 | scale. For purposes of this paragraph, an entity that ex pended at | |
1082 | 3798 | least seventy-five percent (75%) of its funds on the restoration to | |
1083 | 3799 | single-family housing following a disaster, including related | |
1084 | 3800 | general and administrative exp enses, shall be eligible for the | |
1085 | - | exemption authorized by this paragraph; | |
1086 | - | ||
1087 | - | 83. Effective November 1, 2021, through December 31, 2024, | |
1088 | - | sales of tangible personal property o r services to a museum that: | |
1089 | - | ||
1090 | - | a. operates as a part of an organization which is exempt | |
1091 | - | from taxation pursuant to the provisions of the | |
1092 | - | Internal Revenue Code, 26 U .S.C., Section 501(c)(3), | |
1093 | - | ||
1094 | - | b. is not accredited by the American Alliance of Museums, | |
1095 | - | and | |
1096 | - | ||
1097 | - | ||
1098 | - | ENR. S. B. NO. 1496 Page 26 | |
1099 | - | c. operates on an annual budget of less than One Mi llion | |
1100 | - | Dollars ($1,000,000.00) ; and | |
1101 | - | ||
1102 | - | 84. Until July 1, 2022, sales of tangible personal property or | |
3801 | + | exemption authorized b y this paragraph; and | |
3802 | + | 83. Until July 1, 2022, sales of tangible personal property or | |
1103 | 3803 | services for use in a clinical practice or medical facility operated | |
1104 | 3804 | by an organization which is exempt from taxati on pursuant to the | |
3805 | + | ||
3806 | + | ENGR. S. B. NO. 1496 Page 38 1 | |
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3829 | + | 24 | |
3830 | + | ||
1105 | 3831 | provisions of the Internal Revenue Code of t he United States, 26 | |
1106 | 3832 | U.S.C., Section 501(c)(3), and which has entered into a joint | |
1107 | 3833 | operating agreement with the Universit y Hospitals Trust created | |
1108 | 3834 | pursuant to Section 3224 of Title 63 of the Ok lahoma Statutes. The | |
1109 | 3835 | exemption provided by this paragraph shal l be limited to the | |
1110 | 3836 | purchase of tangible personal property and services for use in | |
1111 | 3837 | clinical practices or medical faciliti es acquired or leased by the | |
1112 | 3838 | organization from the University Hospitals Authority, University | |
1113 | 3839 | Hospitals Trust, or the University of Okl ahoma on or after June 1, | |
1114 | 3840 | 2021; and | |
1115 | - | ||
1116 | - | 85. Sales of tangible personal property or services to or by a | |
1117 | - | women's veterans organization, and its subc hapters in this state, | |
3841 | + | 84. Sales of tangible personal propert y or services to or by a | |
3842 | + | women’s veterans organization, and its subchapters in this state, | |
1118 | 3843 | that is exempt from taxatio n pursuant to the provisions of the | |
1119 | 3844 | Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and is known as | |
1120 | 3845 | the Oklahoma Women Vetera ns Organization. | |
1121 | - | ||
1122 | - | SECTION 2. This act shall become effectiv e November 1, 2022. | |
1123 | - | ||
1124 | - | ||
1125 | - | ENR. S. B. NO. 1496 Page 27 | |
1126 | - | Passed the Senate the 12th day of May, 2022. | |
3846 | + | SECTION 4. This act shall become effective November 1, 2022. | |
3847 | + | ||
3848 | + | ENGR. S. B. NO. 1496 Page 39 1 | |
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3871 | + | 24 | |
3872 | + | ||
3873 | + | Passed the Senate the 8th day of March, 2022. | |
1127 | 3874 | ||
1128 | 3875 | ||
1129 | 3876 | ||
1130 | 3877 | Presiding Officer of the Senate | |
1131 | 3878 | ||
1132 | 3879 | ||
1133 | - | Passed the House of Representatives the 19th day of April, 2022. | |
3880 | + | Passed the House of Representatives the ____ day of __________, | |
3881 | + | 2022. | |
1134 | 3882 | ||
1135 | 3883 | ||
1136 | 3884 | ||
1137 | 3885 | Presiding Officer of the House | |
1138 | 3886 | of Representatives | |
1139 | 3887 | ||
1140 | - | OFFICE OF THE GOVERNOR | |
1141 | - | Received by the Office of the Governor this _______ _____________ | |
1142 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
1143 | - | By: ______________________________ ___ | |
1144 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
1145 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
1146 | - | ||
1147 | - | _________________________________ | |
1148 | - | Governor of the State of Oklahoma | |
1149 | - | ||
1150 | - | ||
1151 | - | OFFICE OF THE SECRETARY OF STATE | |
1152 | - | Received by the Office of the Secretary of State this _______ ___ | |
1153 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
1154 | - | By: _______________________________ __ | |
3888 | + |