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37 | 42 | | |
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38 | 43 | | An Act relating to sales tax exemption; amending 68 |
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39 | 44 | | O.S. 2011, Section 1360, which rel ates to exemptions |
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40 | 45 | | for corporations and part nerships; providing |
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41 | 46 | | exemption for specified transfers of tangible |
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42 | 47 | | personal property; and providing an effective date . |
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45 | 50 | | |
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46 | 51 | | |
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47 | 52 | | |
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48 | 53 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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49 | 54 | | SECTION 1. AMENDATORY 68 O.S. 2011, Section 1 360, is |
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50 | 55 | | amended to read as follows: |
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51 | 56 | | Section 1360. Exemptions - Corporations - Partnerships. |
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52 | 57 | | There are hereby specifically exempted from the tax levied in |
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53 | 58 | | this article Section 1350 et seq. of this title : |
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54 | 59 | | 1. The transfer of tangible personal property, as f ollows: |
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55 | 60 | | a. from one corporation to another corporation pursuant |
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56 | 61 | | to a reorganization. As used in this subparagraph the |
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57 | 62 | | term "reorganization" means a statutory merger or |
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58 | 63 | | consolidation or the acquisition by a corp oration of |
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59 | 64 | | substantially all of the propertie s of another |
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87 | 93 | | part of the voting stock of the acquiring corporation, |
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88 | 94 | | or of its parent or subsidiary corporation , |
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89 | 95 | | b. between wholly owned subsidiaries of a parent company |
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90 | 96 | | and between a parent company and its wholly owned |
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91 | 97 | | subsidiary, |
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92 | 98 | | c. in connection with the winding up, dissolution or |
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93 | 99 | | liquidation of a corporation only when there is a |
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94 | 100 | | distribution in kind to the shareholders of the |
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95 | 101 | | property of such corporation , |
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96 | 102 | | c. |
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97 | 103 | | d. to a corporation for the purpose of orga nization of |
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98 | 104 | | such corporation where the former owners of the |
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99 | 105 | | property transferred are immediately after the |
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100 | 106 | | transfer in control of the corporation, and the value |
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101 | 107 | | of the stock or securities received by each is |
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102 | 108 | | substantially in proportion to the value of such |
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103 | 109 | | person's interest in the property transferred by all |
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104 | 110 | | the former owners, |
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105 | 111 | | d. |
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106 | 112 | | e. to a partnership in the organization of such |
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107 | 113 | | partnership if the former owners of the property |
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108 | 114 | | transferred are, immediately after the transfer, |
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109 | 115 | | members of such partnership and th e value of the |
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137 | 144 | | substantially in proportion to the value of such |
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138 | 145 | | person's interest in the property transferred by all |
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139 | 146 | | former owners, |
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140 | 147 | | e. |
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141 | 148 | | f. from a partnership to the members thereof when made in |
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142 | 149 | | kind in the dissolution of such partnership, |
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143 | 150 | | f. |
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144 | 151 | | g. to a limited liability company in the organization of |
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145 | 152 | | the limited liability company if the former owners of |
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146 | 153 | | the property transferred are, immediately after the |
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147 | 154 | | transfer, members of the limited liability company and |
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148 | 155 | | the value of the interest in the limited liability |
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149 | 156 | | company received by each is substantially in |
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150 | 157 | | proportion to the value of the interest in the |
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151 | 158 | | property transferred by all the former owners, and |
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152 | 159 | | g. |
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153 | 160 | | h. from a limited liability company to the members |
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154 | 161 | | thereof when made in kind in the dissolution of the |
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155 | 162 | | limited liability company ; and |
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156 | 163 | | 2. Sale of an interest in tangible personal property to a |
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157 | 164 | | partner or other person who after s uch sale owns a joint interest in |
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158 | 165 | | such tangible personal property where the Oklahoma Sales or Use Tax |
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159 | 166 | | has previously been paid on such tangible personal property. |
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