Req. No. 820 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 409 By: Bergstrom
AS INTRODUCED
An Act relating to the Oklahoma Research and
Development Incentive s Act; amending 68 O.S. 2011,
Section 54003, which relates to sales and use tax
exemption for qualified purchases; modifying time
period during which specified exemption may be
claimed; updating statutory reference; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2011, Section 54003, is
amended to read as follows:
Section 54003. A. There are hereby specifically exempted from
the taxes levied by Section 1354 a nd Section 1402 of Title 68 of the
Oklahoma Statutes this title sales of qualified purchases made after
July 1, 1992, and before January 1, 2022, to a qualified purchaser
which is primarily engaged in computer services and data processing
as defined under Industria l Group Numbers 7372, 7373, 7374 and 7375
of the SIC Manual, latest revision, or a quali fied purchaser which
is primarily engaged in research and development as defined under
Industrial Group Numbers 8731, 8732, 8733 and 8734 of the SIC
Manual, latest revision.
Req. No. 820 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. A qualified purchaser which is primarily engaged in computer
services and data processing as defined under Industrial Group
Number 7374 of the SIC Manual, latest revision, shall be required to
have a minimum of One Hundred Thousand Dollars ($100, 000.00) in
qualified purchases in order to be eligi ble to receive the exemption
provided for in this section.
C. In order to be eligible to receive the exemption provided
for in this section, a new or expanding business shall not include
the existing employee positions of any business enterprise that is
directly or beneficially owned by a co rporation, trust, joint
venture, proprietorship, or partnership doing business in this state
as of January 1, 1992.
D. Eligibility to receive the exemption provided fo r in this
subsection pursuant to the requirement to derive fifty percent (50%)
of revenues from out-of-state buyers or consumers and pursuant to
the requirement that the business be primarily engaged in computer
services and data processing or in research and development shall be
established, subject to re view by the Oklahoma Tax Commission, by
annually filing an affidavit with the Oklahoma Tax Commission
stating that the business so qualifies and such other information as
required by the Commission. For p urposes of determining whether
annual gross revenue s are derived from sales to out -of-state buyers
or consumers, all sales to the federal government shall be
considered to be sales to an out -of-state buyer or consumer.
Req. No. 820 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. This act shall become effective November 1, 2021.
58-1-820 QD 1/14/2021 9:40:04 PM