Req. No. 5377 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
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023 )
HOUSE BILL 1389 By: Bashore
AS INTRODUCED
An Act relating to motor vehicles; amending 68 O.S.
2021, Section 2104, as amended by Section 237,
Chapter 282, O.S.L. 2022 (68 O.S. Sup p. 2022, Section
2104), which relates to vehicle excise tax
definition; modifying value definition; requiring
certain information on bill of sale ; requiring
certain report; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 2104, as
amended by Section 237, Chapter 282, O.S.L. 2022 (68 O.S. Supp.
2022, Section 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 of the time the
person applying for a certificate of title thereto 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.
Req. No. 5377 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
B. 1. The value of any vehicle, for purposes of the excise tax
levied by Section 2103 of this title, shall be the actual sales
price of such a vehicle before after any discounts or credits are
given for a trade-in. However, the value
2. For purposes of computing the maximum value or the minimum
value of the vehicle to calculate the amount of motor vehicle excise
tax due, and notwithstanding the actual sales price of the vehicle
as negotiated between the seller and buyer, the sale s price 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 Service Oklahoma.
3. The actual sales price value of the vehicle as computed in
paragraph 1 of this subsecti on, which total shall be the basis of
the motor vehicle excise tax, as well as:
a. the sales price of the vehicle for purposes of
paragraph 2 of this subsection ,
b. the number of tires on the vehicle , and
c. the tire rim diameters,
shall be entered on the bill of sale furnished by the seller to the
purchaser, or on such other form as may be prescribed by Service
Oklahoma.
C. Upon receipt of the properly completed bill of sale or other
form as prescribed by Service Oklahoma, and the payment of all
Req. No. 5377 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
applicable taxes and fees, Service Oklahoma or an appointed licensed
operator shall issue a vehicle certificate of title in accordance
with the provisions of the Oklahoma Vehicle License and Registration
Act.
D. On or before November 1 , 2025, the Oklahoma Tax Comm ission
shall file a report with the Governor, the Speaker of the Oklahoma
House of Representative s, the President Pro Tempore of the Oklahoma
State Senate, the Chair of the Appropriations and Budget Committee
of the House of Representatives, and the Chair of the Appropriations
Committee of the Senate. The report shall state the fiscal impact
of the motor vehicle ex cise tax over the previous three (3) fiscal
years, the future projections of the mot or vehicle excise tax , and
any other information important to the implementation and fiscal
impact of the motor vehicle excise tax.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5377 AQH 11/29/22