Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB356 Compare Versions

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28-ENGROSSED SENATE
29-BILL NO. 356 By: Paxton of the Senate
29+SENATE FLOOR VERSION
30+March 1, 2021
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33+SENATE BILL NO. 356 By: Paxton of the Senate
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3843 An Act relating to sales tax exemption; amending 68
3944 O.S. 2011, Section 1360, which rel ates to exemptions
4045 for corporations and part nerships; providing
4146 exemption for specified transfers of tangible
4247 personal property; and providing an effective date .
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4853 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4954 SECTION 1. AMENDATORY 68 O.S. 2011, Section 1 360, is
5055 amended to read as follows:
5156 Section 1360. Exemptions - Corporations - Partnerships.
5257 There are hereby specifically exempted from the tax levied in
5358 this article Section 1350 et seq. of this title :
5459 1. The transfer of tangible personal property, as f ollows:
5560 a. from one corporation to another corporation pursuant
5661 to a reorganization. As used in this subparagraph the
5762 term "reorganization" means a statutory merger or
5863 consolidation or the acquisition by a corp oration of
5964 substantially all of the propertie s of another
60-corporation when the consideration is solely all or a
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92+corporation when the consideration is solely all or a
8793 part of the voting stock of the acquiring corporation,
8894 or of its parent or subsidiary corporation ,
8995 b. between wholly owned subsidiaries of a parent company
9096 and between a parent company and its wholly owned
9197 subsidiary,
9298 c. in connection with the winding up, dissolution or
9399 liquidation of a corporation only when there is a
94100 distribution in kind to the shareholders of the
95101 property of such corporation ,
96102 c.
97103 d. to a corporation for the purpose of orga nization of
98104 such corporation where the former owners of the
99105 property transferred are immediately after the
100106 transfer in control of the corporation, and the value
101107 of the stock or securities received by each is
102108 substantially in proportion to the value of such
103109 person's interest in the property transferred by all
104110 the former owners,
105111 d.
106112 e. to a partnership in the organization of such
107113 partnership if the former owners of the property
108114 transferred are, immediately after the transfer,
109115 members of such partnership and th e value of the
110-interest in the partnership, received by each, is
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143+interest in the partnership, received by each, is
137144 substantially in proportion to the value of such
138145 person's interest in the property transferred by all
139146 former owners,
140147 e.
141148 f. from a partnership to the members thereof when made in
142149 kind in the dissolution of such partnership,
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144151 g. to a limited liability company in the organization of
145152 the limited liability company if the former owners of
146153 the property transferred are, immediately after the
147154 transfer, members of the limited liability company and
148155 the value of the interest in the limited liability
149156 company received by each is substantially in
150157 proportion to the value of the interest in the
151158 property transferred by all the former owners, and
152159 g.
153160 h. from a limited liability company to the members
154161 thereof when made in kind in the dissolution of the
155162 limited liability company ; and
156163 2. Sale of an interest in tangible personal property to a
157164 partner or other person who after s uch sale owns a joint interest in
158165 such tangible personal property where the Oklahoma Sales or Use Tax
159166 has previously been paid on such tangible personal property.
160-SECTION 2. This act shall become effective November 1, 2021.
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187-Passed the Senate the 8th day of March, 2021.
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191- Presiding Officer of the Senate
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194-Passed the House of Representatives the ____ day of __________,
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194+SECTION 2. This act shall become effective November 1, 2021.
195+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
196+March 1, 2021 - DO PASS