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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1722 By: Merrick
AS INTRODUCED
An Act relating to excise tax on vehicles; amending
68 O.S. 2021, Section 2104, which relates to value of
vehicles; providing exception to requirement that
value of vehicle be within certain percent of average
retail price; requiring value of certain vehicle to
be actual sales price upon submission of evidence and
determination of Oklahoma Tax Commission or
designated agent; requiring pro mulgation of rules by
the Tax Commission; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Se ction 2104, is
amended to read as follows:
Section 2104. A. The value of any motor vehicle, except a
manufactured home, for the purposes of the excise tax levied by
Section 2103 of this title, shall be determined as o f the time the
person applying for a certificate of title theret o obtained either
ownership or possession of the vehicle, which shall be presumed to
be the actual date of the sale or other transfer of ownership, and
assignment of the certificate of title.
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B. The value of any vehicle, for pur poses of the excise tax
levied by Section 2103 of this title, shall be the actual sales
price of such a vehicle before any discounts or credits are given
for a trade-in. However, except as provided in subsection C of this
section, the value of the vehicle prior to the subtraction of such
discounts or credits for a trade-in shall be required to be within
twenty percent (20%) of the average retail price value of such
vehicle as listed in the automotive reference material prescribed by
the Oklahoma Tax Commis sion. The actual sales price of the vehicle,
which total shall be the basis of the motor vehicle excise tax, as
well as the number of tires on the vehicle and the tire rim
diameters, shall be entered on the bill of sal e furnished by the
seller to the purchaser, or on such other form as may be prescribed
by the Tax Commission.
Upon receipt of the properly completed bill of sale or other
form as prescribed by the Tax Commission, and the payment of all
applicable taxes and fees, the Tax Commission or an appoi nted motor
license agent shall issue a vehicle cer tificate of title in
accordance with the provisions of the Oklahoma Vehicle License and
Registration Act.
C. If evidence is provided that a vehicle is damaged at the
time of purchase, and upon determination by the Tax Commission that
the damages are sufficient to reduce the valu e of the vehicle by
more than twenty percent (20%) of the average retail price, the
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value of the vehicle shall be the actual sales price. The Ta x
Commission shall promulgate rules t o enforce the provisions of this
subsection.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2583 QD 1/20/2022 5:59:39 PM