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3 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 1 | |
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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 2289 By: Pfeiffer of the House | |
4 | 35 | ||
5 | 36 | and | |
6 | 37 | ||
7 | 38 | Rader of the Senate | |
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14 | 43 | An Act relating to revenue and taxation; amending 68 | |
15 | 44 | O.S. 2021, Sections 221, 225, 226, 227, as amended by | |
16 | 45 | Section 1, Chapter 114, O.S.L. 2022, 231, 255.2, | |
17 | 46 | 1364, 1364.2, 2373, 2375, 2385.3, and 3131 (68 O.S. | |
18 | 47 | Supp. 2022, Section 227), which relate to state and | |
19 | 48 | local tax administration; modifying provisions | |
20 | 49 | related to assessment of additional taxes; modifying | |
21 | 50 | method for computation of certain protest period; | |
22 | 51 | modifying method for computing date as of which | |
23 | 52 | assessments of additional tax considered final; | |
24 | 53 | providing for confidential nature of certain | |
25 | 54 | hearings; providing for rule regarding attendance of | |
26 | 55 | authorized persons at heari ng; requiring filing of | |
27 | 56 | confidential information and prescribing procedures | |
28 | 57 | related thereto; modifying method for computation of | |
29 | 58 | time period related to appeal procedures from final | |
30 | 59 | order of Oklahoma Tax Commission; modifying method | |
31 | 60 | for computation of time period related to claim for | |
32 | 61 | refund process; requiring filing of tax warrants by | |
33 | 62 | electronic means; modifying references to include | |
34 | 63 | Oklahoma Medical Marijuana A uthority; authorizing | |
35 | 64 | certain persons to obtain sales tax permits; imposing | |
36 | 65 | age requirement; providing exception; modifying | |
37 | 66 | required documentation to be provided by certain | |
38 | 67 | vendors with respect to spec ial events; modifying | |
39 | 68 | provisions related to autho rized deduction for | |
40 | 69 | vendors; modifying provisions related to income tax | |
41 | 70 | refunds; prescribing time limit for claim for refund | |
42 | 71 | of income taxes; prescribing method for computation | |
43 | 72 | of time period; prescribing methods for computing | |
44 | 73 | refund amounts; modifying procedures relate d to | |
45 | 74 | payment of income tax; requiring payment with income | |
46 | - | tax return; providing for penalty with respect to ENR. H. B. NO. 2289 Page 2 | |
75 | + | tax return; providing for penalty with respect to | |
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47 | 103 | failure to provide reconciliation reports with | |
48 | 104 | respect to withholding tax; providing for collection | |
49 | 105 | of penalty amount; modifying provisions related to | |
50 | 106 | sales of property for delinquent ad valorem tax; | |
51 | 107 | requiring notification by county treasurer; requiring | |
52 | 108 | Oklahoma Tax Commission to provide information to | |
53 | 109 | county treasurer; requiring remittance of certain tax | |
54 | 110 | amounts; providing for disposition of proceeds after | |
55 | 111 | remittance; providing an effective date; and | |
56 | 112 | declaring an emergency. | |
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61 | - | SUBJECT: Revenue and taxation | |
62 | - | ||
63 | 117 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA: | |
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65 | 118 | SECTION 1. AMENDATORY 68 O.S. 2021, Section 221, is | |
66 | 119 | amended to read as follo ws: | |
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68 | 120 | Section 221. A. If any taxpayer shall fail t o make any report | |
69 | 121 | or return as required by any state tax law, the Oklahoma Tax | |
70 | 122 | Commission, from any information in its possession or obtainable by | |
71 | 123 | it, may determine the correct amou nt of tax for the taxable period. | |
72 | 124 | If a report or return has been filed, th e Tax Commission shall | |
73 | 125 | examine such report or return and make such audit or investigation | |
74 | 126 | as it may deem necessary. If, in cases where no report or return | |
75 | 127 | has been filed, the Tax C ommission determines that there is a tax | |
76 | 128 | due for the taxable period, or if, in cases where a repo rt or return | |
77 | 129 | has been filed, the Tax Commission shall determine that the tax | |
78 | 130 | disclosed by such re port or return is less than the tax disclosed by | |
79 | 131 | its examination, it shall in writing p ropose the assessment of taxes | |
80 | 132 | or additional taxes, as the case may be, and shall mail a cop y of | |
81 | 133 | the proposed assessment to the taxpayer at the taxpa yer's last-known | |
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82 | 161 | address. Proposed assessments made in the name of the "Oklahoma Tax | |
83 | 162 | Commission" by its authorized agents shall be considered as the | |
84 | 163 | action of the Tax Commission. | |
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86 | 164 | B. Any assessment, correction or adjustment made as a result of | |
87 | 165 | an office audit shall be presum ed to be the result of an audit of | |
88 | 166 | the report or return only, and such office audit sha ll not be deemed | |
89 | 167 | a verification of any item in the report or return unle ss the item | |
90 | 168 | shall have been made the subject of a hearing before the Tax | |
91 | - | Commission, and the corr ectness and amount of such item determined | |
169 | + | Commission, and the corr ectness and amount of such item determined | |
92 | 170 | at such hearing; and such office audit shall not preclude the Tax | |
93 | 171 | Commission from subsequently making further adjust ment, correction | |
94 | 172 | or assessment as a result of a field audit of the books and records | |
95 | 173 | of the taxpayer, wherever located, or upon disclosures from any | |
96 | 174 | source other than the return. In c ases where no report or return | |
97 | 175 | has been filed, the assessment of the tax on any information | |
98 | 176 | available shall in no event preclude the assessment at an y time on | |
99 | 177 | subsequently disclosed information. | |
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101 | 178 | C. Within sixty (60) days after the mailing of date indicated | |
102 | 179 | on the aforesaid proposed assessment, the taxpay er may file with the | |
103 | 180 | Tax Commission a written protest under oath, signed by the taxpayer | |
104 | 181 | or the taxpayer's duly authorized agent, setting out therein: | |
105 | - | ||
106 | 182 | 1. A statement of the amount of deficiency as d etermined by the | |
107 | 183 | Tax Commission, the nature of the tax an d the amount thereof in | |
108 | 184 | controversy; | |
109 | 185 | ||
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110 | 212 | 2. A clear and concise assignment of each error alleged to ha ve | |
111 | 213 | been committed by the Tax Commission; | |
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113 | 214 | 3. The argument and legal authority upon which each assign ment | |
114 | 215 | of error is made; provided, that the applicant shall not be bound or | |
115 | 216 | restricted in such hear ing, or on appeal, to the arguments and legal | |
116 | 217 | authorities contained and cited i n the application; | |
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118 | 218 | 4. A statement of relief sought by the taxpayer; and | |
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120 | 219 | 5. A verification by the taxpayer or the taxpayer's duly | |
121 | 220 | authorized agent that the statements and facts contained therein are | |
122 | 221 | true. | |
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124 | 222 | D. If in such written protest the taxpayer shall request an | |
125 | 223 | oral hearing, the Tax Commission shall grant such hearing, and | |
126 | 224 | shall, by written notice, advise the taxpayer of a date, which shall | |
127 | 225 | not be less than ten (10) days fro m the date of mailing of such | |
128 | 226 | written notice, when such tax payer may appear bef ore the Tax | |
129 | 227 | Commission and present arguments and evidence, oral or written, in | |
130 | 228 | support of the protest. Hearings shall be held as soon as | |
131 | 229 | practicable. In the event an oral hear ing is not requested, the Tax | |
132 | 230 | Commission shall proceed with out further notice t o examine into the | |
133 | 231 | merits of the protest and enter an order in accordance with i ts | |
134 | 232 | findings. Upon request of any taxpayer and upon prope r showing that | |
135 | 233 | the principle of law invo lved in the assessment of any tax is | |
136 | - | already pending before the courts for judicial determination, the | |
234 | + | already pending before the courts for judicial determination, the | |
137 | 235 | taxpayer, upon agreement to abide by the decision of the court, may | |
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138 | 263 | pay the tax so assessed under protest and suc h protest shall be | |
139 | 264 | resolved in accordanc e with the agreement to abide. | |
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141 | 265 | E. If the taxpayer fails to file a written protest within the | |
142 | 266 | sixty-day period herein provided for or within the period as | |
143 | 267 | extended by the Tax Commission, or if the taxpayer fails to f ile the | |
144 | 268 | notice required by Section 226 o f this title within thirty (30) days | |
145 | 269 | from the date of mailing of an indicated on the proposed assessment, | |
146 | 270 | then the proposed assessment, without further action of the Tax | |
147 | 271 | Commission, shall become final and absolute . A taxpayer who fails | |
148 | 272 | to file a protest to an assessment of taxes within the time period | |
149 | 273 | prescribed by this section may, within one (1) year of the date the | |
150 | 274 | assessment becomes final, request the Tax Commissi on to adjust or | |
151 | 275 | abate the assessment if the taxpay er can demonstrate, by a | |
152 | 276 | preponderance of the evidence, that the assessment or some portion | |
153 | 277 | thereof is clearly erroneous. If the Tax Commission determines that | |
154 | 278 | the proper showing has been made, the assessm ent or portion thereof | |
155 | 279 | determined to be clearly er roneous shall be deemed not to have | |
156 | 280 | become final and absolute. No hearing to adjust or abate a cle arly | |
157 | 281 | erroneous assessment may be granted after the Tax Commission 's | |
158 | 282 | denial of such a request. An order of the Tax Commission denying a | |
159 | 283 | taxpayer's request to adjust or abate an assessment alleged to be | |
160 | 284 | clearly erroneous is not an appealable order under Sec tion 225 of | |
161 | 285 | this title. No proceeding instituted by the Tax Commission to | |
162 | 286 | collect a tax liability may be s tayed because of a request made by a | |
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163 | 314 | taxpayer to adjust or abate an assessment alleged to be clearly | |
164 | 315 | erroneous. | |
165 | - | ||
166 | 316 | F. The Tax Commission may in its dis cretion extend the t ime for | |
167 | 317 | filing a protest for any period of time not to exceed an additional | |
168 | 318 | ninety (90) days. Any extension granted shall not extend the period | |
169 | 319 | of time within which the notice re quired by Section 226 of this | |
170 | 320 | title may be filed. | |
171 | - | ||
172 | 321 | G. Within a reasonable tim e after the hearing herein provided | |
173 | 322 | for, the Tax Commission shall make and enter an ord er in writing in | |
174 | 323 | which it shall set forth the disp osition made of the protest and a | |
175 | 324 | copy of such order shall forthwith be mailed to the taxpayer. Th e | |
176 | 325 | order shall contain findings of fact and conclusions of law. After | |
177 | 326 | removing the identity of the taxpayer , the Tax Commission shall make | |
178 | 327 | the order available for public inspection and shall publish those | |
179 | 328 | orders the Tax Commission deems to be of precedenti al value. The | |
180 | 329 | taxpayer may within the time and in the manner provided for by | |
181 | - | Section 225 of this title, ap peal to the Supreme Court, but in the | |
330 | + | Section 225 of this title, ap peal to the Supreme Court, but in the | |
182 | 331 | event the taxpayer fails to so proceed, the order shal l within | |
183 | 332 | thirty (30) days from the date a certified copy thereof is mailed to | |
184 | 333 | the taxpayer, become final. The provisions of Section 226 of this | |
185 | 334 | title shall not apply where a proposed assessment or an assessment | |
186 | 335 | of taxes has been permitted to become final. | |
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188 | 336 | H. In all instances where the proposed assessment or th e | |
189 | 337 | assessment of taxes or additional taxes has been permitted to become | |
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190 | 365 | final, a certified copy of the asses sment may be filed in the office | |
191 | 366 | of the county clerk of any county in this state, and upon b eing so | |
192 | 367 | filed, the county clerk shall enter same upon the judgment docket in | |
193 | 368 | the same manner as provided for in connection with judgments of | |
194 | 369 | district courts. When an assessment is so filed and docketed, it | |
195 | 370 | shall have the same force and be subject to the s ame law as a | |
196 | 371 | judgment of the district court, and accordin gly it shall constit ute | |
197 | 372 | a lien on any real estate of the taxpayer located in the county | |
198 | 373 | wherein filed; and execution may issue and proceedings in aid of | |
199 | 374 | execution may be had the same as on judgments of district courts. | |
200 | 375 | Such lien is hereby released and ext inguished upon the p ayment of | |
201 | 376 | such assessment, or, except as otherwise provided herein, upon the | |
202 | 377 | expiration of ten (10) years after the date upon which the | |
203 | 378 | assessment was filed in the office of the c ounty clerk; provided, | |
204 | 379 | the Tax Commission may, prior to t he release and extin guishment of | |
205 | 380 | such lien, refile the assessment one time in the office of the | |
206 | 381 | county clerk. An assessment so refiled shall continue the li en | |
207 | 382 | until payment of the assessment, or upo n the expiration of ten (10) | |
208 | 383 | years after the date upon wh ich the assessment w as refiled in the | |
209 | 384 | office of the county clerk. The remedies provided in this | |
210 | 385 | subsection shall be in addition to other remedies provided b y law. | |
211 | 386 | All active liens evidenced by an a ssessment filed with a county | |
212 | 387 | clerk's office prior to Nov ember 1, 1989, shall be released and | |
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213 | 415 | extinguished if the assessment is not refiled prior to November 1, | |
214 | 416 | 2001. | |
215 | - | ||
216 | 417 | I. In order to make more definite the intentio n of the | |
217 | 418 | Legislature in connection with th e applicability or lack of | |
218 | 419 | applicability of the refund pr ovisions of the tax statutes to those | |
219 | 420 | treating with proposed assessments and assessments that have become | |
220 | 421 | final, the Legislature being cognizant of the fact that such intent | |
221 | 422 | has been questioned, it i s declared to be the intent of the | |
222 | 423 | Legislature that the r efund provisions sha ll be without application | |
223 | 424 | to taxes where the amount thereof has been determined by an | |
224 | 425 | assessment, other than an assessment designated as an "office | |
225 | 426 | audit", that has become final. | |
226 | - | ENR. H. B. NO. 2289 Page 6 | |
227 | 427 | SECTION 2. AMENDATORY 68 O.S. 2021, Section 225, is | |
228 | 428 | amended to read as follows: | |
229 | - | ||
230 | 429 | Section 225. A. Any taxpayer aggrieved by any order, rul ing, | |
231 | 430 | or finding of the Oklahoma Tax Commission directly affecting the | |
232 | 431 | taxpayer or aggrieved by a final order of the Tax Commission issued | |
233 | 432 | pursuant to subsection G of Section 221 of this title may appeal | |
234 | 433 | therefrom directly to the Supreme Court of Oklahoma. Provided, any | |
235 | 434 | taxpayer appealing from a final order of the Tax Commission | |
236 | 435 | assessing a tax or an additional tax or denial of a claim for refund | |
237 | 436 | may opt to file an appeal in district court as p rovided in | |
238 | 437 | subsection D of this section. | |
239 | 438 | ||
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240 | 465 | B. Within thirty (30) days after the date of mailing to the | |
241 | 466 | taxpayer of the order, ruling, or finding complained o f, the | |
242 | 467 | taxpayer desiring to appeal shall: | |
243 | - | ||
244 | 468 | 1. File a petition in error in the office of the Clerk of the | |
245 | 469 | Supreme Court; and | |
246 | - | ||
247 | 470 | 2. Request that the Tax Commission prep are for filing with the | |
248 | 471 | Supreme Court, within thirty (30) days, the record of the appeal, | |
249 | 472 | certified by the Secretary of the Tax Commission, and consi sting of | |
250 | 473 | any citations, findings, judgments , motions, orders, pleadings and | |
251 | 474 | rulings, together with a transc ript of all evidence introduced at | |
252 | 475 | any hearing relative thereto, or such portion of such cit ations, | |
253 | 476 | findings, judgments, motions, orders, pleadings, rulings, and | |
254 | 477 | evidence as the appealing part ies and the Tax Commission may agree | |
255 | 478 | to be sufficient to present fully to the Court the questions | |
256 | 479 | involved. | |
257 | - | ||
258 | 480 | C. Upon request of the taxpayer, the Tax Commis sion shall | |
259 | 481 | furnish the taxpayer a copy of the proceedings had in connection | |
260 | 482 | with the matter complain ed of. | |
261 | - | ||
262 | 483 | D. In lieu of an appeal to the Supreme Court, any taxpay er | |
263 | 484 | aggrieved by a final order of the Tax Commission assessing a tax or | |
264 | 485 | an additional tax or denial of a claim for refund may opt to file an | |
265 | 486 | appeal for a trial de novo in the district court of Oklahoma County | |
266 | 487 | or the county in which the taxpayer resides. If the amount in | |
267 | 488 | dispute exceeds Ten Thousand Dollars ($10,000.00), the appeal shall | |
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268 | 516 | be heard by a district or associate district judge sitting without a | |
269 | 517 | jury. If the amount in dispute does not exceed Ten Thousand Dollars | |
270 | 518 | ($10,000.00), the appeal may be hea rd by a special judge sitting | |
271 | - | without a jury. An order resulting from a trial provided purs uant | |
519 | + | without a jury. An order resulting from a trial provided purs uant | |
272 | 520 | to this subsection shall be appealable directly to t he Supreme Court | |
273 | 521 | of Oklahoma by either part y. Such appeal shall be taken in the | |
274 | 522 | manner and time provided b y law for appeal to the Supreme Court from | |
275 | 523 | the district court in civil actions. Upon the fi ling of an appeal, | |
276 | 524 | the order of the district court shall be superseded and ne ither | |
277 | 525 | party shall be required to give bond. The provisions of this | |
278 | 526 | subsection shall be applicable for tax periods beginning after the | |
279 | 527 | effective date of this act. Provided, if th e order applies to | |
280 | 528 | multiple tax periods which begin befor e and after the effe ctive date | |
281 | 529 | of this act, the appeal provided by this subsection shall be | |
282 | 530 | available to the aggrieved taxpayer. | |
283 | - | ||
284 | 531 | E. If the appeal is from an order of the Tax Commission or a | |
285 | 532 | district court denying a refund of taxes previously paid and if u pon | |
286 | 533 | final determination of the appeal, the order denying the refund is | |
287 | 534 | reversed or modified, the taxes prev iously paid, together with | |
288 | 535 | interest thereon from the date of the filing of the petition in | |
289 | 536 | error at the rate provided in subsection A of Section 217 of this | |
290 | 537 | title, shall be refunded to the tax payer by the Tax Commission. | |
291 | - | ||
292 | 538 | F. Such refunds and interest there on shall be paid by the Tax | |
293 | 539 | Commission out of monies in the Tax Commission clearing account from | |
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294 | 567 | subsequent collections from the same source as the o riginal tax | |
295 | 568 | assessment, provided that in th e event there are insufficient funds | |
296 | 569 | for refunds from subsequent collections from the same source, the | |
297 | 570 | refund shall be paid by the Tax Commission from monie s appropriated | |
298 | 571 | by the Legislature to the special refund r eserve account for s uch | |
299 | 572 | purposes as hereinafter provided. There is hereby created within | |
300 | 573 | the official depository of the State Treasury an agency special | |
301 | 574 | account for the Tax Commission for the purpos e of making such | |
302 | 575 | refunds as may be required under this se ction, not otherwise | |
303 | 576 | provided. This accoun t shall consist of monies appropriated by the | |
304 | 577 | Legislature for the purpose of making refunds under this section. | |
305 | - | ||
306 | 578 | G. If the appeal be from an order, judgment , finding, or ruling | |
307 | 579 | of the Tax Commission other than one assessing a tax and from which | |
308 | 580 | a right of appeal is not otherwise specifically provided for in this | |
309 | 581 | article the Uniform Tax Procedure Code, any aggrieved taxpayer may | |
310 | 582 | appeal from that order, judgmen t, finding, or ruling as provided in | |
311 | 583 | this section. The filing of such an app eal shall supersede the | |
312 | 584 | effect of such order, judgment, ruling, or finding of the Tax | |
313 | 585 | Commission. | |
314 | - | ||
315 | 586 | H. This section shall be construed to provide to the taxpayer a | |
316 | - | legal remedy by action at law in any case where a tax, or the method | |
587 | + | legal remedy by action at law in any case where a tax, or the method | |
317 | 588 | of collection or enforce ment thereof, or any o rder, ruling, finding, | |
318 | 589 | or judgment of the Tax Commission is compl ained of, or is sought to | |
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319 | 617 | be enjoined in any action in any court of this state or the Unite d | |
320 | 618 | States of America. | |
321 | - | ||
322 | 619 | I. All hearings held in proceedings pursuant to this sec tion | |
323 | 620 | shall be confidential and shall be held in closed court without | |
324 | 621 | admittance of any person other than interested parties, their | |
325 | 622 | counsel, and employees of the Oklahoma Tax Comm ission and its | |
326 | 623 | counsel. Confidential information filed wi th or submitted to t he | |
327 | 624 | Supreme Court or district court in conjunction with any proceeding | |
328 | 625 | pursuant to this section shall not constitute a public record and | |
329 | 626 | shall be sealed by the court. Access to confidential information | |
330 | 627 | shall be strictly controlled. | |
331 | - | ||
332 | 628 | SECTION 3. AMENDATORY 68 O.S. 2021, Section 226, is | |
333 | 629 | amended to read as follows: | |
334 | - | ||
335 | 630 | Section 226. (a) In addition to the right to a protest of a | |
336 | 631 | proposed assessment as authorized by Section 221 of this title, a | |
337 | 632 | right of action is hereby created to afford a remedy to a taxpayer | |
338 | 633 | aggrieved by the provisions of this articl e or of any other state | |
339 | 634 | tax law, or who resists the collection of or the enforcement of the | |
340 | 635 | rules or regulations of the Tax Commission relating to the | |
341 | 636 | collection of any stat e tax; however, such remedy shall be limited | |
342 | 637 | as prescribed by subsection (c) of thi s section. | |
343 | - | ||
344 | 638 | (b) Within thirty (30) days from the date of mailing to the | |
345 | 639 | taxpayer of indicated on an assessment for taxes or additional taxes | |
346 | 640 | pursuant to Section 221 of this title by the Tax Com mission, any | |
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347 | 668 | such taxpayer shall pay the tax to the Tax Commiss ion, and at the | |
348 | 669 | time of making such payment shall give notice to the Tax Commission | |
349 | 670 | of his intention to file su it for recovery of such tax. The | |
350 | 671 | taxpayer shall not be requir ed to file suit with in such thirty-day | |
351 | 672 | period in order to prosecute an action as au thorized by this | |
352 | 673 | section; however, failure to file such suit within one (1) year from | |
353 | 674 | the date of mailing of the assessment shall result in the assessment | |
354 | 675 | becoming final and absolute. If the taxpayer prevails the Tax | |
355 | 676 | Commission shall, by cash voucher draw n by the Tax Commission upon | |
356 | 677 | its official depository clearing account or special refund reserve | |
357 | 678 | account with the State Treasurer, refund to the taxpayer the amount | |
358 | 679 | of tax determined not to be d ue pursuant to the final judgm ent of | |
359 | 680 | the court having jurisdict ion, together with inter est on such amount | |
360 | 681 | at the rate applicable to money judgments in civil cases from the | |
361 | - | date of payment by the taxpayer to the date of the refund by the Tax | |
682 | + | date of payment by the taxpayer to the date of the refund by the Tax | |
362 | 683 | Commission. The refunds paid shall be payab le as provided in | |
363 | 684 | Section 225(d). If the taxpayer prevai ls and the court determines | |
364 | 685 | that the position of the Tax Commission in the proceeding w as not | |
365 | 686 | substantially justified, the court shall award the taxpa yer a | |
366 | 687 | judgment for reasonable attorney fees, reas onable expenses of expert | |
367 | 688 | witnesses in connection with th e proceeding and reasonable costs of | |
368 | 689 | any study, analysis, engineering report, test or p roject which is | |
369 | 690 | found by the court to be necessary for the prep aration of the | |
370 | 691 | taxpayer's case. | |
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371 | 718 | ||
372 | 719 | (c) This section shall afford a legal remedy and right of | |
373 | 720 | action in any state or federal court having jurisdiction of the | |
374 | 721 | parties and the subject matter. It sh all be construed to provide a | |
375 | 722 | legal remedy in the state or fede ral courts by action at law only in | |
376 | 723 | cases where the taxes complained of are claime d to be an unlawful | |
377 | 724 | burden on interstate commerce, or the collection thereof violative | |
378 | 725 | of any Congressional Act or provision of the Federal Constitution, | |
379 | 726 | or in cases where ju risdiction is vested in any of the Courts of the | |
380 | 727 | United States. In all actions br ought hereunder service of process | |
381 | 728 | upon the Chairman of the Tax Commission shall be sufficient service, | |
382 | 729 | and the Tax Commission shall be the sole, necessary and proper party | |
383 | 730 | defendant in any such suit, and the State Treasure r shall not be a | |
384 | 731 | necessary or proper party thereto. | |
385 | - | ||
386 | 732 | (d) Upon request of any taxpayer and upon proper showing that | |
387 | 733 | the principle of law involved in the assessment of any tax is | |
388 | 734 | already pending before the cou rts for judicial determination, the | |
389 | 735 | taxpayer, upon agreement to abide by the decis ion of the court, may | |
390 | 736 | pay the tax so assessed under protest, but need not file a suit. | |
391 | - | ||
392 | 737 | SECTION 4. AMENDATORY 68 O.S. 2021, Section 227, as | |
393 | 738 | amended by Section 1, Chapter 114, O.S.L. 2022 (68 O.S. Supp. 2022, | |
394 | 739 | Section 227), is amended to read as follows: | |
395 | - | ||
396 | 740 | Section 227. A. Except as provided in subsection B of Section | |
397 | 741 | 1361.2 and subsection D of Se ction 1364.1 of this title, any | |
398 | 742 | taxpayer who has paid to the State of Oklahoma, through error of | |
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399 | 770 | fact, or computation, or misinterpretation of law, any tax collected | |
400 | 771 | by the Tax Commission may, as hereinafter provided, be refunded the | |
401 | 772 | amount of such tax so erroneously paid, without interest. | |
402 | - | ||
403 | 773 | B. 1. Except as otherwise provided by paragraph 2 of this | |
404 | 774 | subsection, any taxpayer who has so paid any such tax may, within | |
405 | 775 | three (3) years from the date of payment thereof file with the Tax | |
406 | - | Commission a verified claim for refund of such tax so erroneously | |
776 | + | Commission a verified claim for refund of such tax so erroneously | |
407 | 777 | paid. The Tax Commission may accept an amended withholding tax o r | |
408 | 778 | other report or return as a verifi ed claim for refund if the amended | |
409 | 779 | report or return establishes a liability less than the original | |
410 | 780 | report or return previously filed. | |
411 | - | ||
412 | 781 | 2. Upon August 26, 2016, with respect to the sales tax imposed | |
413 | 782 | by Section 1354 of thi s title and with respect to the use tax | |
414 | 783 | imposed by Section 1402 of this title, any taxpayer who has so paid | |
415 | 784 | such sales or use tax may, within two (2) ye ars from the date of | |
416 | 785 | payment thereof file with the Tax Commission a verified claim for | |
417 | 786 | refund of such tax so erroneously paid. The Tax Commission may | |
418 | 787 | accept an amended sales or use tax report or return as a verified | |
419 | 788 | claim for refund if the amended report or return establishes a | |
420 | 789 | liability less than the original report or return previously filed. | |
421 | - | ||
422 | 790 | C. The claim so filed with the Tax Commission, except for an | |
423 | 791 | amended report or return, shall specify the name of the taxpayer, | |
424 | 792 | the time when and period for which t he tax was paid, the nature and | |
425 | 793 | kind of tax so paid, the amount of the tax which the taxpayer | |
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426 | 821 | claimed was erroneously paid, the grounds upon which a refund is | |
427 | 822 | sought, and such other information or data relative to such payment | |
428 | 823 | as may be necessary to an adj ustment thereof by the Tax Commission. | |
429 | 824 | It shall be the duty of the Commission to determine what amount of | |
430 | 825 | refund, if any, is due as soon as practicable after such claim has | |
431 | 826 | been filed and advise the taxpayer about the correctness of his | |
432 | 827 | claim and the claim for refund shall be approved or denied by | |
433 | 828 | written notice to the taxpayer. | |
434 | - | ||
435 | 829 | D. If the claim for refund is denied, the taxpayer may file a | |
436 | 830 | demand for hearing with the Commission. The demand for hearing must | |
437 | 831 | be filed on or before the sixtieth day after the date indicated on | |
438 | 832 | the notice of denial was mailed. If the taxpayer fails to file a | |
439 | 833 | demand for hearing, the claim fo r refund shall be barred. | |
440 | - | ||
441 | 834 | E. Upon the taxpayer's timely filing of a demand for hearing, | |
442 | 835 | the Commission shall set a date for hearing upon the claim for | |
443 | 836 | refund which date shall not be later than sixty (60) days from the | |
444 | 837 | date the demand for hearing was maile d. The taxpayer shall be | |
445 | 838 | notified of the time and place of the hearing. The hearing may be | |
446 | 839 | held after the sixty-day period provided by this subsection upon | |
447 | 840 | agreement of the taxpayer. | |
448 | - | ||
449 | 841 | F. The provisions of this section shall not apply: | |
450 | - | ENR. H. B. NO. 2289 Page 11 | |
451 | 842 | 1. To refunds of income tax erroneously paid, refun ds of which | |
452 | 843 | tax shall be payable out of the income tax adjust ment fund as | |
453 | 844 | provided by law; | |
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454 | 871 | ||
455 | 872 | 2. To estate tax because the payment of such tax is covered by | |
456 | 873 | an order of the Tax Commission and the estate and interested parties | |
457 | 874 | are given notice that Commission 's position and computation of the | |
458 | 875 | tax will become final unle ss they protest and resist the payment | |
459 | 876 | thereof as provided by statute; nor | |
460 | - | ||
461 | 877 | 3. In any case where the tax was paid after an assessment | |
462 | 878 | thereof was made by the Tax Commission which assessment becam e final | |
463 | 879 | under the law. | |
464 | - | ||
465 | 880 | SECTION 5. AMENDATORY 68 O.S. 2021, Section 231, is | |
466 | 881 | amended to read as follows: | |
467 | - | ||
468 | 882 | Section 231. A. If any tax, impose d or levied by any state tax | |
469 | 883 | law, or any portion of such tax, is not paid before the same becomes | |
470 | 884 | delinquent, the Oklahoma Tax Commission may immediately issue a | |
471 | 885 | warrant under its official seal. A tax warrant directed to the | |
472 | 886 | sheriff of any county of the s tate shall command the sheriff to levy | |
473 | 887 | upon and sell without any appraise ment or valuation any real or | |
474 | 888 | personal property of the taxpayer found within the county for the | |
475 | 889 | payment of the delinquent ta x, interest and penalties, and the cost | |
476 | 890 | of executing the warrant, and to return such warrant to the Tax | |
477 | 891 | Commission, and to pay to it any monies collected by virtue thereof, | |
478 | 892 | by a time to be therein specified, not more than sixty (60) days | |
479 | 893 | from the date of the warrant. | |
480 | - | ||
481 | 894 | B. The Tax Commission shall, immediately upon issuance of the | |
482 | 895 | warrant, file with the county clerk of the county for whi ch the | |
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897 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 18 | |
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483 | 923 | warrant was issued a copy thereof, and thereupon the county clerk | |
484 | 924 | shall record and index such warrant in the same man ner as judgments | |
485 | 925 | using the name of the taxpayer named in th e warrant, a short name | |
486 | 926 | for the tax, the amount of the tax or portion the reof, and interest | |
487 | 927 | and penalties for which the warrant was issued, and the date and | |
488 | 928 | time when such copy was filed. The Tax Commission may shall file | |
489 | 929 | the warrant in the appropriate of fice of the county clerk by | |
490 | 930 | electronic means. The filing of the warrant in the office of the | |
491 | 931 | county clerk of the county, shall constitute and be evidence and | |
492 | 932 | notice of the state's lien upon any interest in any real property of | |
493 | 933 | the taxpayer against whom su ch warrant is issued, until such tax, | |
494 | 934 | penalty and interest accruing thereon is paid. Such lien shall be | |
495 | - | in addition to any and all other liens existing in favor of the | |
935 | + | in addition to any and all other liens existing in favor of the | |
496 | 936 | state to secure the payment of the unpaid tax, penalty, interest and | |
497 | 937 | costs, and such lien shall be paramount and superior to all other | |
498 | 938 | liens of whatsoever kind or cha racter, attaching to any of said | |
499 | 939 | property subsequent to the date and time of such filing and shall be | |
500 | 940 | in addition to any lien provided by Section 234 of this title. The | |
501 | 941 | Tax Commission shall, immediately upon issuance of the warrant, | |
502 | 942 | mail, by regular mail, a copy of the warrant to the last-known | |
503 | 943 | address of the delinquent taxpayer. Such lien is hereby released | |
504 | 944 | and extinguished upon the payment of such tax, penalty, interest and | |
505 | 945 | costs, or, except as otherwise provided herein, upon the expiration | |
506 | 946 | of ten (10) years after the date upon which the warrant was filed | |
947 | + | ||
948 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 19 | |
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507 | 974 | with the county clerk; provided, the Tax Commission may, prior t o | |
508 | 975 | the release and extinguishment of such lien, refile the w arrant in | |
509 | 976 | the office of the county clerk. A warrant so refiled shall continue | |
510 | 977 | the lien until payment of the tax, penalty, interest and costs, or | |
511 | 978 | upon the expiration of ten (10) years after the dat e upon which the | |
512 | 979 | warrant was refiled and indexed by the cou nty clerk. All active | |
513 | 980 | liens evidenced by a warrant filed with a county clerk 's office | |
514 | 981 | prior to November 1, 1989, shall be released and extinguished if the | |
515 | 982 | warrant is not refiled prior to November 1, 2001. | |
516 | - | ||
517 | 983 | C. Except as otherwise provided in subsection D o f this | |
518 | 984 | section, the Tax Commission shall forward the filed warrant to the | |
519 | 985 | sheriff of the county in which the warrant was filed. Upon receipt | |
520 | 986 | of the warrant, such sheriff shall thereupon proceed to execute the | |
521 | 987 | tax warrant in the same manner prescribed by l aw for executions | |
522 | 988 | against property upon judgment of a court of record; and such | |
523 | 989 | sheriff shall execute and deliver to the purchaser a bill of sale or | |
524 | 990 | deed, as the case may be. | |
525 | - | ||
526 | 991 | D. The Tax Commission shall not direct or forward to the | |
527 | 992 | sheriff of any county a ny tax warrant issued pursuant to collection | |
528 | 993 | by the Tax Commission. The Tax Co mmission shall promulgate rules | |
529 | 994 | pertaining to tax warrants issued under this section. | |
530 | - | ||
531 | 995 | E. The Tax Commission may levy upon and sell without any | |
532 | 996 | appraisement or valuation any rea l or personal property of any | |
533 | 997 | taxpayer identified by a filed tax warrant. The Tax Commission may | |
998 | + | ||
999 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 20 | |
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534 | 1025 | execute the tax warrant in the same manner prescribed by law for | |
535 | 1026 | executions against property upon j udgment of a court of record and | |
536 | 1027 | may execute and deliver to the purchaser a bill of sale or deed, as | |
537 | 1028 | the case may be. | |
538 | - | ||
539 | 1029 | F. Any purchaser, o ther than the State of Oklahoma, shall be | |
540 | - | entitled, upon application to the court having | |
1030 | + | entitled, upon application to the court having jurisdiction of the | |
541 | 1031 | property, to have confirmation, the procedure for which shall be the | |
542 | 1032 | same as is now provided for the confirmation of a sale of property | |
543 | 1033 | under execution, of such sale prior to the issuance of a bill of | |
544 | 1034 | sale or deed. The State of Oklahoma shall be authorized to make | |
545 | 1035 | bids at any such sale to the amount of tax, penalty and co sts | |
546 | 1036 | accrued. In the event such bid is successful, the sheriff shall | |
547 | 1037 | issue proper muniment of title to the Tax Commission which shall | |
548 | 1038 | hold such title for the use and benefit of the State of Oklahom a; | |
549 | 1039 | and any taxpayer, or transferee of such taxpayer, shall have the | |
550 | 1040 | right, at any time within one (1) year from the date of such sale, | |
551 | 1041 | to redeem such property, upon the payment of all taxes, penalties | |
552 | 1042 | and costs accrued to the date of redemption. Such appl icant shall | |
553 | 1043 | not be entitled to a credit upon such taxes, pe nalties and costs, by | |
554 | 1044 | reason of revenue that might have accrued to the State of Oklahoma | |
555 | 1045 | or other purchaser under sale, prior to such redemption. After the | |
556 | 1046 | expiration of the period of redemption h erein provided, the Tax | |
557 | 1047 | Commission acting for the State of Oklahoma may sell such property | |
558 | 1048 | at public auction, upon giving thirty (30) days ' notice, published | |
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559 | 1076 | in a newspaper of general circulation in the county where such | |
560 | 1077 | property is located, to the highest and best bidder for cash; and | |
561 | 1078 | upon a sale had thereof, or when a redemption is made, the Tax | |
562 | 1079 | Commission, for and on behalf of the State o f Oklahoma, shall issue | |
563 | 1080 | its bill of sale or quit claim deed, as the case may be, to the | |
564 | 1081 | successful bidder or to the re demptioner. Such muniment of title | |
565 | 1082 | shall be executed by th e Tax Commission, and attested by its | |
566 | 1083 | secretary, with the seal of the Tax Commi ssion affixed. The sheriff | |
567 | 1084 | shall be entitled to the same fee for services in executing the | |
568 | 1085 | warrant, as the sheriff wo uld be entitled to receive if he or she | |
569 | 1086 | were executing an execution issued by the court clerk of the county | |
570 | 1087 | upon a judgment of a court of record. | |
571 | - | ||
572 | 1088 | G. If any sheriff shall refuse or neglect to levy upon and sell | |
573 | 1089 | any real or personal property of any taxpayer as directed by any | |
574 | 1090 | warrant issued by the Tax Commission, o r shall refuse or neglect, on | |
575 | 1091 | demand, to pay over to the Tax Commission, its ag ents or attorneys, | |
576 | 1092 | all monies collected or received under any warrant issued by the Tax | |
577 | 1093 | Commission, at any time after collecting or receiving the same, such | |
578 | 1094 | sheriff or other off icer shall, upon motion of the Tax Commission in | |
579 | 1095 | court, and after thirty (30) d ays' notice thereof, in writing, be | |
580 | 1096 | amerced in the amount for which any such warrant was issued by the | |
581 | 1097 | Tax Commission, together with all penalties and costs and with an | |
582 | 1098 | additional penalty of ten percent (10%) thereon, to and for the use | |
583 | 1099 | of the State of Oklahoma. Every surety of any sheriff or officer | |
1100 | + | ||
1101 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 22 | |
1102 | + | (Bold face denotes Committee Amendments) 1 | |
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584 | 1127 | shall be made a party to the judgment rendered as aforesaid against | |
585 | - | the sheriff or other officer. ENR. H. B. NO. 2289 Page 14 | |
586 | - | ||
1128 | + | the sheriff or other officer. | |
587 | 1129 | H. The Tax Commission may expen d funds from the Oklahoma Tax | |
588 | 1130 | Commission Fund in the State Treasury to reimburs e the sheriff for | |
589 | 1131 | travel and administrative costs actually and necessarily incurred | |
590 | 1132 | while performing duties required b y this section. Such costs shall | |
591 | 1133 | be assessed against the d elinquent taxpayer, shall be added to the | |
592 | 1134 | amount necessary to satisfy the tax w arrant, and upon collection | |
593 | 1135 | thereof shall be deposited in the Oklahoma Tax Commission Fund. | |
594 | - | ||
595 | 1136 | I. A tax warrant issued a nd filed under authority of this | |
596 | 1137 | section shall: | |
597 | - | ||
598 | 1138 | 1. Constitute and be evidence and notice of the state 's lien | |
599 | 1139 | upon real property; and | |
600 | - | ||
601 | 1140 | 2. Not be subject to the provisions of any dormancy statute | |
602 | 1141 | which would limit the enforceability, effect or operation of the | |
603 | 1142 | lien, except as otherwise provided in this section. | |
604 | - | ||
605 | 1143 | J. After July 1, 1993, the Tax Commission shall not issue any | |
606 | 1144 | certificates of indebtedness pursuant to the provisions of Section | |
607 | 1145 | 230 of this title. | |
608 | - | ||
609 | 1146 | K. When a tax warrant has been issued and filed as provided in | |
610 | 1147 | this section, the Tax Commission shall have al l of the remedies and | |
611 | 1148 | may take all of the proceedings thereon for the collectio n thereof | |
612 | 1149 | which may be had or taken upon a judgment of the district court. | |
613 | 1150 | ||
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614 | 1177 | SECTION 6. AMENDATORY 68 O.S. 2021, Section 255.2, is | |
615 | 1178 | amended to read as fol lows: | |
616 | - | ||
617 | 1179 | Section 255.2 As provided in Section 426 of Title 63 of the | |
618 | 1180 | Oklahoma Statutes, the State Department of Health Oklahoma Medical | |
619 | 1181 | Marijuana Authority and the Oklahoma Tax Commission shall enter into | |
620 | 1182 | a contract whereby the Tax Commission shall have authority to | |
621 | 1183 | assess, collect and enforce the seven percent (7%) tax on retail | |
622 | 1184 | medical marijuana sales and any penalties and interest thereon. | |
623 | 1185 | Such assessment, collection and enforcement authority shal l apply to | |
624 | 1186 | any tax and any penalty or interest liability on retail medical | |
625 | 1187 | marijuana sales existing at the time of contracting. The contract | |
626 | 1188 | shall provide for the a ssessment, collection and enforcement of the | |
627 | 1189 | tax on retail medical marijuana sales in the s ame manner as the | |
628 | 1190 | administration, collection and enforcement of any tax payable by any | |
629 | 1191 | taxpayer subject to taxation under any state tax law. For providing | |
630 | - | such collection assistance, the Tax Commission shall charge the | |
1192 | + | such collection assistance, the Tax Commission shall charge the | |
631 | 1193 | State Department of Health Oklahoma Medical Marijuana Authority a | |
632 | 1194 | fee of one and five-tenths percent (1.5%) of the gross collection | |
633 | 1195 | proceeds. All funds retained by the Tax Commission for the | |
634 | 1196 | collection services shall be deposited in the Tax Commission | |
635 | 1197 | Reimbursement Fund in the State Treasur y. | |
636 | - | ||
637 | 1198 | SECTION 7. AMENDATORY 68 O.S. 2021, Section 1364, is | |
638 | 1199 | amended to read as follows: | |
639 | - | ||
640 | 1200 | Section 1364. Permits to do busine ss. | |
1201 | + | ||
1202 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 24 | |
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641 | 1227 | ||
642 | 1228 | A. Every person desiring to engage in a business within this | |
643 | 1229 | state who would be designated as a Group One or Group Three vendor, | |
644 | 1230 | pursuant to Section 1363 of this tit le, shall be required to secure | |
645 | 1231 | from the Oklahoma Tax Commission every three (3) years a written | |
646 | 1232 | permit for a fee of Twenty Dollars ($20.00) prior to engaging in | |
647 | 1233 | such business in this state. Each such person shall file with the | |
648 | 1234 | Tax Commission an applicati on for a permit to engage in or transact | |
649 | 1235 | business in this state, setting forth such in formation as the Tax | |
650 | 1236 | Commission may require. The application shall be signed by the | |
651 | 1237 | owner of the business or r epresentative of the business entity and | |
652 | 1238 | as a natural person, and, in the case of a corporation, as a legally | |
653 | 1239 | constituted officer thereof. To obtain a sales tax permit, an | |
654 | 1240 | individual or sole proprietor must be at least eighteen (18) years | |
655 | 1241 | of age. A parent or legal guardian may apply for a permit on behalf | |
656 | 1242 | of an individual or sole p roprietor who is not at least eighteen | |
657 | 1243 | (18) years of age, provided t he parent or legal guardian will be | |
658 | 1244 | considered the authorized user responsible for remitting state tax. | |
659 | - | ||
660 | 1245 | B. Upon receipt of an initial application, the Tax Commission | |
661 | 1246 | may issue a probation ary permit effective for six (6) months which | |
662 | 1247 | will automatically re new for an additiona l thirty (30) months unless | |
663 | 1248 | the applicant receives written notification of the refusal of t he | |
664 | 1249 | Commission to renew the permit. If the applicant recei ves a notice | |
665 | 1250 | of refusal, the applicant may request a hearing to show cause why | |
666 | 1251 | the permit should be renewed . Upon receipt of a request for a | |
1252 | + | ||
1253 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 25 | |
1254 | + | (Bold face denotes Committee Amendments) 1 | |
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667 | 1279 | hearing, the Tax Commission shall set the matter for hea ring and | |
668 | 1280 | give ten (10) days' notice in writing of the time and place of the | |
669 | 1281 | hearing. At the hearing, the applicant shall set forth the | |
670 | 1282 | qualifications of the applica nt for a permit and proof of compliance | |
671 | 1283 | with all state tax laws. | |
672 | - | ||
673 | 1284 | C. Holders of a probation ary permit as provided in subsection B | |
674 | - | of this section shall not be permitted to present the permit to | |
1285 | + | of this section shall not be permitted to present the permit to | |
675 | 1286 | obtain a commercial license plate for thei r motor vehicle as | |
676 | 1287 | provided in Section 1133.1 of Title 47 of the Oklahoma Statutes. | |
677 | - | ||
678 | 1288 | D. Upon verification that the applicant is a Group Three | |
679 | 1289 | vendor, the Tax Commission may require such app licant to furnish a | |
680 | 1290 | surety bond or other security as the Commission may deem necessary | |
681 | 1291 | to secure payment of taxes under this article, prior to issuance of | |
682 | 1292 | a permit for the place of business set forth in the application for | |
683 | 1293 | permit. Provided, the Tax Commis sion is hereby authorized to set | |
684 | 1294 | guidelines, by adoption of regulat ions, for the issuan ce of sales | |
685 | 1295 | tax permits. Pursuant to said guidelines the Tax Commission may | |
686 | 1296 | refuse to issue permits to any Group Three vendors, or any class of | |
687 | 1297 | vendors included in the whole classification of Group Three vendors, | |
688 | 1298 | if the Tax Commission determines that it i s likely this state will | |
689 | 1299 | lose tax revenue due to the difficulty of enforcing this article f or | |
690 | 1300 | any reasons stated in subsection (T) of Section 1354 of this title. | |
691 | - | ||
692 | 1301 | E. A separate permit for each additional place of business to | |
693 | 1302 | be operated must be obtained from the Tax Commission for a fee of | |
1303 | + | ||
1304 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 26 | |
1305 | + | (Bold face denotes Committee Amendments) 1 | |
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694 | 1330 | Ten Dollars ($10.00). Such permit shall be good for a p eriod of | |
695 | 1331 | three (3) years. The Tax Commission shall grant and issue to each | |
696 | 1332 | applicant a separate permit for each place of business in this | |
697 | 1333 | state, upon proper application therefor and verification thereof by | |
698 | 1334 | the Tax Commission. | |
699 | - | ||
700 | 1335 | F. A permit is not assignabl e and shall be valid only for the | |
701 | 1336 | person in whose name it is issued and for th e transaction of | |
702 | 1337 | business at the place designated therein. The per mit shall at all | |
703 | 1338 | times be conspicuously displayed at the place of business for which | |
704 | 1339 | issued in a position where it can be easily seen. The permit shall | |
705 | 1340 | be in addition to all other permits required by the laws of this | |
706 | 1341 | state. Provided, if the location of t he business is chang ed, such | |
707 | 1342 | person shall file with the Tax Commission an application for a | |
708 | 1343 | permit to engage in or transact business at the new location. Upon | |
709 | 1344 | issuance of the permit to the new location of such business, no | |
710 | 1345 | additional permit fee shall be d ue until the expirat ion of the | |
711 | 1346 | permit issued to the previous location of such business. | |
712 | - | ||
713 | 1347 | G. It shall be unlawfu l for any person coming within the class | |
714 | 1348 | designated as Group One or the class designated as Group Three to | |
715 | 1349 | engage in or transact a business of re selling tangible per sonal | |
716 | 1350 | property or services within this state unless a written permit or | |
717 | 1351 | permits shall have been issued to such person. Any person who | |
718 | 1352 | engages in a business subject to t he provisions of this section | |
719 | - | without a permit or permits, or after a permit has been suspended, ENR. H. B. NO. 2289 Page 17 | |
1353 | + | without a permit or permits, or after a permit has been suspended, | |
1354 | + | ||
1355 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 27 | |
1356 | + | (Bold face denotes Committee Amendments) 1 | |
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720 | 1381 | upon conviction, shall be guilty of a misdemeanor punishable by a | |
721 | 1382 | fine of not more than One Thousand Dollars ($1,000.00). Any person | |
722 | 1383 | convicted of a second or subsequent violation hereof shall be guilty | |
723 | 1384 | of a felony and punisha ble by a fine of not more than Five Thousand | |
724 | 1385 | Dollars ($5,000.00) or by a term of imprisonment in the State | |
725 | 1386 | Penitentiary for not more than two (2) years, or both such fin e and | |
726 | 1387 | imprisonment. | |
727 | - | ||
728 | 1388 | H. Any person operating under a permit as provided in this | |
729 | 1389 | article shall, upon discontinuance of business by sale or otherwise, | |
730 | 1390 | return such permit to the Tax Commission for canc ellation, together | |
731 | 1391 | with a remittance for any unpaid or acc rued taxes. Failure to | |
732 | 1392 | surrender a permit and pay any and all accrued taxes will be | |
733 | 1393 | sufficient cause for t he Tax Commission to refuse to issue a permit | |
734 | 1394 | subsequently to such person to engage in or t ransact any other | |
735 | 1395 | business in this state. In the case of a sale of any busine ss, the | |
736 | 1396 | tax shall be deemed to be due on the sale of the fixtures a nd | |
737 | 1397 | equipment, and the Tax Commission shall not issue a permit to | |
738 | 1398 | continue or conduct the business to the purcha ser until all tax | |
739 | 1399 | claims due the State of Oklahoma have be en settled. | |
740 | - | ||
741 | 1400 | I. All permits issued under the provisions of this article | |
742 | 1401 | shall expire three (3) years from t he date of issuance at the close | |
743 | 1402 | of business at each place or location of the business with in this | |
744 | 1403 | state. No refund of the fee shall be made if the business is | |
745 | 1404 | terminated prior to the expiration of the permit. | |
1405 | + | ||
1406 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 28 | |
1407 | + | (Bold face denotes Committee Amendments) 1 | |
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746 | 1431 | ||
747 | 1432 | J. Whenever a holder of a permit fails to co mply with any | |
748 | 1433 | provisions of this article, the Tax Commission, after giving ten | |
749 | 1434 | (10) days' notice in writing of the time and place of hearing to | |
750 | 1435 | show cause why the permit should not be revoked, may revoke or | |
751 | 1436 | suspend the permit, the permi t to be renewed upon removal of cause | |
752 | 1437 | or causes of revocation or suspension. However, if a holder of a | |
753 | 1438 | permit becomes delinquent for a period of three (3) months or mor e | |
754 | 1439 | in reporting or paying of any tax due under this article, any duly | |
755 | 1440 | authorized agent of the Tax Commission may remove the permit from | |
756 | 1441 | the taxpayer's premises and it shall be returned or renewed onl y | |
757 | 1442 | upon the filing of proper reports and payment of all tax es due under | |
758 | 1443 | this article. | |
759 | - | ||
760 | 1444 | K. Permits are not required of persons coming within the | |
761 | 1445 | classification designa ted as Group Two. The Oklahoma Tax Commission | |
762 | 1446 | shall issue a limited permit to Group Five v endors. The permit | |
763 | 1447 | shall be in such form as the Tax Commission may prescribe. | |
764 | - | ENR. H. B. NO. 2289 Page 18 | |
765 | 1448 | L. Nothing in this article shall be construed to allow a permit | |
766 | 1449 | holder to purchase, t ax exempt, anything for resale that the permit | |
767 | 1450 | holder is not regularly in the business of r eselling. | |
768 | - | ||
769 | 1451 | M. All monies received pursuant to issuance of such permits to | |
770 | 1452 | do business shall be paid to the State Treasurer and placed to the | |
771 | 1453 | credit of the General Re venue Fund of the State Treasury. | |
772 | - | ||
773 | 1454 | N. Notwithstanding the provisions of Section 205 of this title, | |
774 | 1455 | the Oklahoma Tax Commission is authorized to relea se the following | |
1456 | + | ||
1457 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 29 | |
1458 | + | (Bold face denotes Committee Amendments) 1 | |
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775 | 1483 | information contained in the Master Sales and Use Tax File to | |
776 | 1484 | vendors: | |
777 | - | ||
778 | 1485 | 1. Permit number; | |
779 | - | ||
780 | 1486 | 2. Name in which permit is issued; | |
781 | - | ||
782 | 1487 | 3. Name of business operation if different from owners hip | |
783 | 1488 | (DBA); | |
784 | - | ||
785 | 1489 | 4. Mailing address; | |
786 | - | ||
787 | 1490 | 5. Business address; | |
788 | - | ||
789 | 1491 | 6. Business class or St andard Industrial Code (SIC); and | |
790 | - | ||
791 | 1492 | 7. Effective date and expiration or cancellation date of | |
792 | 1493 | permit. | |
793 | - | ||
794 | 1494 | Release of such information shall be limited to tax remitters | |
795 | 1495 | for the express purpose of determining the validity of sales permits | |
796 | 1496 | presented as evidence of purchasers' sales tax resale status under | |
797 | 1497 | this Code. | |
798 | - | ||
799 | 1498 | The provisions of this subsection shall be strictly interpreted | |
800 | 1499 | and shall not be construed as permitting the disclosure of an y other | |
801 | 1500 | information contained in the records and files of the Tax Commission | |
802 | 1501 | relating to sales tax or to any other taxes. | |
803 | - | ||
804 | 1502 | This information may be provided on a subscription basis, with | |
805 | 1503 | periodic updates, and sufficient fee charged, not to exceed One | |
806 | 1504 | Hundred Fifty Dollars ($150.00) per year, to offset the | |
807 | 1505 | administrative costs of provi ding the list. All revenue received by | |
808 | 1506 | the Oklahoma Tax Commission from such fees shall be deposited to the | |
809 | - | credit of the Oklahoma Tax Commission Revolving Fund. No liability ENR. H. B. NO. 2289 Page 19 | |
1507 | + | ||
1508 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 30 | |
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1533 | + | ||
1534 | + | credit of the Oklahoma Tax Commission Revolving Fund. No liability | |
810 | 1535 | whatsoever, civil or criminal, shall attach to any member o f the Tax | |
811 | 1536 | Commission or any employee thereof for any error or omission in the | |
812 | 1537 | disclosure of information pur suant to this subsection. | |
813 | - | ||
814 | 1538 | O. If the Tax Commission enters into the Streamlined Sales and | |
815 | 1539 | Use Tax Agreement under Section 1354.18 of this title, the Tax | |
816 | 1540 | Commission is authorized to participate in its online sales and use | |
817 | 1541 | tax registration system and shall n ot require the payment of the | |
818 | 1542 | registration fees or other charges provided in this section f rom a | |
819 | 1543 | vendor who registers within the online system if the vendor has no | |
820 | 1544 | legal requirement to register. | |
821 | - | ||
822 | 1545 | SECTION 8. AMENDATORY 68 O.S. 2021, Section 1364.2, is | |
823 | 1546 | amended to read as follows: | |
824 | - | ||
825 | 1547 | Section 1364.2 A. Promoters or organizers of special events | |
826 | 1548 | shall submit an application for a speci al event permit to t he | |
827 | 1549 | Oklahoma Tax Commission at lea st twenty (20) days prior to the | |
828 | 1550 | special event. The application shall be accompanied by a fee of | |
829 | 1551 | Fifty Dollars ($50.00). The application shall include the location | |
830 | 1552 | and dates of the special event, expec ted number of vendor s, and any | |
831 | 1553 | other information that may be required by the Tax Commission . A | |
832 | 1554 | separate permit shall be required for each special event and must be | |
833 | 1555 | prominently displayed. Multiple events held at the same location | |
834 | 1556 | during the calendar year may be included in o ne application. | |
835 | 1557 | ||
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836 | 1584 | B. All monies received from such fees shall be paid to the | |
837 | 1585 | State Treasurer and placed to the credit of the General Revenue Fund | |
838 | 1586 | of the State Treasurer. | |
839 | - | ||
840 | 1587 | C. Promoters or organizers shall provide vendor letters or | |
841 | 1588 | forms to special event vend ors for reporting sales tax collections | |
842 | 1589 | and any other information that may be required by the Tax | |
843 | 1590 | Commission. | |
844 | - | ||
845 | 1591 | D. Unless otherwise provided in this section, special event | |
846 | 1592 | vendors shall collect sales tax from purchasers of tangible perso nal | |
847 | 1593 | property and services taxable under Section 1350 et seq. of this | |
848 | 1594 | title and shall remit the tax, along with a sales tax report, to the | |
849 | 1595 | promoter or organizer. | |
850 | - | ||
851 | 1596 | E. Within fifteen (15) days followin g the conclusion of the | |
852 | 1597 | special event, the organizer or pr omoter shall forward all reports | |
853 | 1598 | and payments to the Tax Commission alo ng with a completed sales tax | |
854 | - | report. If not filed on or before the fifteenth day, the tax shall | |
1599 | + | report. If not filed on or before the fifteenth day, the tax shall | |
855 | 1600 | be delinquent from such date. Reports timely mailed shall be | |
856 | 1601 | considered timely filed. If a report is not timely filed, interest | |
857 | 1602 | shall be charged from the da te the report should have been filed | |
858 | 1603 | until the report is actually filed. | |
859 | - | ||
860 | 1604 | F. At least ten (10) days prior to the start o f the special | |
861 | 1605 | event, the organizer or promoter shall submit a lis t of all vendors | |
862 | 1606 | registered to attend the event . Within fifteen (15) days following | |
863 | 1607 | the conclusion of the special event, the organizer or promoter shall | |
1608 | + | ||
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864 | 1635 | also submit a list of vendors at who actually attended each event | |
865 | 1636 | that hold a valid sales tax per mit issued under Section 1364 of this | |
866 | 1637 | title. The Each list shall include the vendor 's name, address, | |
867 | 1638 | telephone number, email address and sales tax permit number taxpayer | |
868 | 1639 | identification number. If a vendor holds an Oklahoma sales tax | |
869 | 1640 | permit issued under Section 1364 of this title, the permit numbers | |
870 | 1641 | shall also be included . | |
871 | - | ||
872 | 1642 | G. For the purposes of c ompensating the promoter or organizer | |
873 | 1643 | in keeping sales tax records, filing reports and r emitting the tax | |
874 | 1644 | when due, a promoter or organizer shall be allowed a deducti on of | |
875 | 1645 | the tax due as provided in Section 1367.1 of this title. | |
876 | - | ||
877 | 1646 | H. Promoters and organizers shall only be liable for failure to | |
878 | 1647 | report and remit all taxes that are remitted to the m by special | |
879 | 1648 | event vendors. | |
880 | - | ||
881 | 1649 | I. H. Promoters or organizers of a special event that is held | |
882 | 1650 | on an annual basis during the same thirty -day period each year may | |
883 | 1651 | request that the Tax Commission limit their responsibilities to the | |
884 | 1652 | following: | |
885 | - | ||
886 | 1653 | 1. Submitting of an a pplication for a special event permit as | |
887 | 1654 | provided in subsection A of this section; | |
888 | - | ||
889 | 1655 | 2. Providing report forms to special event vendors as provided | |
890 | 1656 | in subsection C of this section; and | |
1657 | + | ||
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891 | 1683 | ||
892 | 1684 | 3. Within fifteen (15) days following the conclusion of the | |
893 | 1685 | special event, submitting a list of special event vendors at each | |
894 | 1686 | event, including the vendor's name, address, and telephone number. | |
895 | - | ||
896 | 1687 | Such requests may be denied by the Tax Comm ission for reasons | |
897 | 1688 | including, but not limited to, failure by the promoter to comply | |
898 | - | with the requirements of this section or failure by vendors of the | |
1689 | + | with the requirements of this section or failure by vendors of the | |
899 | 1690 | promoter's previous special events to comply with the provisions of | |
900 | 1691 | subsection J I of this section. | |
901 | - | ||
902 | 1692 | J. I. Special event vendors of special events that are approved | |
903 | 1693 | under subsection I H of this section shall remit the tax along with | |
904 | 1694 | a sales tax report directly to the Ta x Commission within fi fteen | |
905 | 1695 | (15) days following the conclusion of the special event. If not | |
906 | 1696 | filed on or before the fifteenth day, the tax shall be delinquent | |
907 | 1697 | from such date. Reports timel y mailed shall be considered timely | |
908 | 1698 | filed. If a report is not time ly filed, interest sha ll be charged | |
909 | 1699 | from the date the report should have been filed until the report is | |
910 | 1700 | actually filed. | |
911 | - | ||
912 | 1701 | K. J. As used in this section: | |
913 | - | ||
914 | 1702 | 1. "Promoter" or "organizer" means any person who organizes or | |
915 | 1703 | promotes a special event which results i n the rental, occupati on, or | |
916 | 1704 | use of any structure, lot, tract of land, sample or display case , | |
917 | 1705 | table, or any other similar items for the exhibition and sale of | |
918 | 1706 | tangible personal property or se rvices taxable under Section 1350 et | |
919 | 1707 | seq. of this title by speci al event vendors; | |
1708 | + | ||
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920 | 1734 | ||
921 | 1735 | 2. "Special event" means an entertainment, amusement, | |
922 | 1736 | recreation, or marke ting event that occurs at a single location on | |
923 | 1737 | an irregular basis and at which tangible personal pr operty is sold. | |
924 | 1738 | "Special event" shall include, but not be limite d to, gun shows, | |
925 | 1739 | knife shows, craft shows, antique shows, flea markets, carnivals, | |
926 | 1740 | bazaars, art shows, and other merchandise displays or exhibits. | |
927 | 1741 | Special event shall not include any county, district, or state fair | |
928 | 1742 | or public or private school or universit y-sponsored event. Sp ecial | |
929 | 1743 | event shall not include an event sponsored by a city or town that | |
930 | 1744 | includes less than ten special event vendors or any event sponsored | |
931 | 1745 | by a church organization exemp t from federal income tax pursuant to | |
932 | 1746 | Section 501(c)(3) of the I nternal Revenue Code. Special event shall | |
933 | 1747 | not include a registered farmers market which is a designated area | |
934 | 1748 | in which farmers, growers or producers from a defined region gather | |
935 | 1749 | on a regularly scheduled basis to sell at retail nonpotentially | |
936 | 1750 | hazardous farm food products and who le-shell eggs to the public; and | |
937 | - | ||
938 | 1751 | 3. "Special event vendor " means a person making sales of | |
939 | 1752 | tangible personal property or services taxable under Section 1350 et | |
940 | 1753 | seq. of this title at a special event within this state and who is | |
941 | 1754 | not permitted under Section 1 364 of this title. | |
942 | - | ENR. H. B. NO. 2289 Page 22 | |
943 | 1755 | SECTION 9. AMENDATORY 68 O.S. 2021, Sectio n 2373, is | |
944 | 1756 | amended to read as follows: | |
1757 | + | ||
1758 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 35 | |
1759 | + | (Bold face denotes Committee Amendments) 1 | |
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945 | 1783 | ||
946 | 1784 | Section 2373. A. Any claim for refund filed pursua nt to this | |
947 | 1785 | section must be made on a return, in the form prescribed by the | |
948 | 1786 | Oklahoma Tax Commission. | |
949 | - | ||
950 | 1787 | B. Any claim for refund of an overpayment of any tax imposed by | |
951 | 1788 | Section 2355 of this title must be made within three (3) years from | |
952 | 1789 | the due date of the ret urn, including the period of any extension of | |
953 | 1790 | time for filing a return, or two (2) years from the payment of the | |
954 | 1791 | tax liability, whichever of such periods expires lat er, or if no | |
955 | 1792 | return was filed by the taxpayer, within two (2) years from the time | |
956 | 1793 | the tax was paid. | |
957 | - | ||
958 | 1794 | C. Except as provided in subsection H of Secti on 2375 of this | |
959 | 1795 | title, no refund shall be allowed or made after the expiration of | |
960 | 1796 | the period of limitation pr escribed in subsection B of this section | |
961 | 1797 | for the filing of a claim for refund, unless a cla im for refund is | |
962 | 1798 | filed by the taxpayer within such perio d. If a claim for ref und is | |
963 | 1799 | filed during the period prescribed in subsection B of this section, | |
964 | 1800 | the amount of the refund, if any, shall not exceed the amount of tax | |
965 | 1801 | paid within the period, immediatel y preceding the filing of the | |
966 | 1802 | claim, equal to three (3) years plus the period of any extension of | |
967 | 1803 | time for filing a return. If the claim was not filed within the | |
968 | 1804 | three (3) year period prescribed in subsection B of this section, | |
969 | 1805 | the refund shall not exceed the portion of the tax paid during the | |
970 | 1806 | two (2) years immediately preceding the filing of the claim. | |
971 | 1807 | ||
1808 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 36 | |
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972 | 1834 | D. If, upon any revision or adjustment, including overpayment | |
973 | 1835 | or illegal payment on account of income derived from tax -exempt | |
974 | 1836 | Indian land, any refund is found to be due any taxpayer, it shall be | |
975 | 1837 | paid out of the "Income Tax Withholdin g Refund Account", created by | |
976 | 1838 | Section 2385.16 of this title, in the same manner as refu nds are | |
977 | 1839 | paid pursuant to such section. The information filed, reflecting | |
978 | 1840 | the revision or adjustment, shall constitute the claim for refund. | |
979 | - | ||
980 | - | Except as provided in su bsection H of Section 2375 of this | |
1841 | + | E. Except as provided in su bsection H of Section 2375 of this | |
981 | 1842 | title, the amount of the refund shall not exceed the portion of the | |
982 | 1843 | tax paid during the three (3) years immediately preceding the filing | |
983 | 1844 | of the claim, or, if no claim was filed, then during the thr ee (3) | |
984 | 1845 | years immediately preceding the allowance of the refund. However, | |
985 | - | this | |
986 | - | E. The three-year limitation set forth in subsection C of this | |
987 | - | section shall not apply to the amount of refunds payable upon c laims ENR. H. B. NO. 2289 Page 23 | |
1846 | + | this The three-year limitation set forth in subsection C of this | |
1847 | + | section shall not apply to the amount of refunds payable upon c laims | |
988 | 1848 | filed by members of federally recognized I ndian tribes or the United | |
989 | 1849 | States on behalf of its Ind ian wards or former Indian wards, to | |
990 | 1850 | recover taxes illegally co llected from tax-exempt lands. In the | |
991 | 1851 | case of any refund to a member of a federally recogn ized Indian | |
992 | 1852 | tribe or to the United States on beh alf of its Indian wards or | |
993 | 1853 | former Indian wards, to rec over taxes illegally collected on bonus | |
994 | 1854 | payments from oil and g as leases located on tax-exempt Indian lands | |
995 | 1855 | pursuant to this section, the Tax Commission s hall pay interest on | |
996 | 1856 | all refunds issued after Ja nuary 1, 1996, at the rate of six percent | |
1857 | + | ||
1858 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 37 | |
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997 | 1884 | (6%) per annum from the date of payment by the taxpayer to the date | |
998 | 1885 | of the refund. | |
999 | - | ||
1000 | 1886 | F. In cases where that the Tax Commission and the taxpayer have | |
1001 | 1887 | signed a consent, as provided by law, extending the period during | |
1002 | 1888 | which the tax may be assessed, the period during which the taxp ayer | |
1003 | 1889 | may file a claim for refund or during which an al lowance for a | |
1004 | 1890 | refund may be made shall be automatically extended to the final date | |
1005 | 1891 | fixed by such consent plus thirty (30) days. | |
1006 | - | ||
1007 | 1892 | G. The Oklahoma Tax Commission may authorize the use of direct | |
1008 | 1893 | deposit in lieu of refund checks for electronically filed income tax | |
1009 | 1894 | returns. | |
1010 | - | ||
1011 | 1895 | SECTION 10. AMENDATORY 68 O.S. 2021, Section 2375, i s | |
1012 | 1896 | amended to read as follows: | |
1013 | - | ||
1014 | 1897 | Section 2375. A. At the time of transmitting t he return | |
1015 | 1898 | required hereunder to the Oklahoma Tax Commission On the original | |
1016 | 1899 | due date of the return, not including any extensions, the taxpayer | |
1017 | 1900 | shall remit therewith to the Tax C ommission the amount of tax due | |
1018 | 1901 | under the applicable pr ovisions of Section 2351 et seq. of this | |
1019 | 1902 | title. Failure to pay such tax on or before the date the return is | |
1020 | 1903 | due, not including any extensions, shall cause the tax to become | |
1021 | 1904 | delinquent. If the return is filed electronically, the amount of | |
1022 | 1905 | the tax due pursuant to the provisions of this article shall be due | |
1023 | 1906 | on or before the twentieth day of April following the clos e of the | |
1024 | 1907 | taxable year regardless of when the return is electronically filed. | |
1908 | + | ||
1909 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 38 | |
1910 | + | (Bold face denotes Committee Amendments) 1 | |
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1025 | 1935 | The tax shall be deemed delinquent if unpaid after the twentieth day | |
1026 | 1936 | of April if the return is electronically filed. Provided, if the | |
1027 | 1937 | Internal Revenue Code provides for a later due date for returns of | |
1028 | 1938 | individuals, the Tax Commission shall accept payments made with | |
1029 | 1939 | returns filed by individuals by such date and such payment s shall be | |
1030 | 1940 | considered as timely paid. | |
1031 | - | ENR. H. B. NO. 2289 Page 24 | |
1032 | 1941 | B. If any tax due under Section 2351 et seq. of this title, | |
1033 | 1942 | except a deficiency determined under Section 221 of this title, is | |
1034 | 1943 | not paid on or before the date such tax becomes delinquent, a | |
1035 | 1944 | penalty of five percent (5%) of the total amount of the tax due | |
1036 | 1945 | shall be added thereto, collected and paid. However, the Tax | |
1037 | 1946 | Commission shall not collect the penalty assessed if the taxpayer | |
1038 | 1947 | remits the tax and interest within sixty (60) days of the mailing of | |
1039 | 1948 | a proposed assessment o r voluntarily pays the tax upon the filing of | |
1040 | 1949 | an amended return. | |
1041 | - | ||
1042 | 1950 | C. If any part of deficiency, arbitrary or j eopardy assessment | |
1043 | 1951 | made by the Tax Commission is based upon or occasioned by the | |
1044 | 1952 | refusal of any taxpayer to file with the Tax Commission any retur n | |
1045 | 1953 | as required by Sectio n 2351 et seq. of this title, within ten (10) | |
1046 | 1954 | days after a written demand for such repo rt or return has been | |
1047 | 1955 | served upon any taxpayer by the Tax Commission by registered letter | |
1048 | 1956 | with a return receipt attached, the Tax Commission may a ssess and | |
1049 | 1957 | collect, as a penalty, twenty-five percent (25%) of the amount of | |
1050 | 1958 | the assessment. In the exercise o f the authority granted by | |
1959 | + | ||
1960 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 39 | |
1961 | + | (Bold face denotes Committee Amendments) 1 | |
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1051 | 1986 | subsection C of Section 223 and Section 224 of this title, the T ax | |
1052 | 1987 | Commission shall assess the tax as an estimated tax on the basis of | |
1053 | 1988 | its own determination of the Oklahoma taxable income of the | |
1054 | 1989 | taxpayer, to be adjusted if and wh en Oklahoma taxable income is | |
1055 | 1990 | ascertained under the provisions of Section 2351 et seq. of t his | |
1056 | 1991 | title. | |
1057 | - | ||
1058 | 1992 | D. If any part of any deficiency was due to negligence or | |
1059 | 1993 | intentional disregard, without the intent to defraud, then ten | |
1060 | 1994 | percent (10%) of the total amoun t of the deficiency, in addition to | |
1061 | 1995 | such deficiency, including interest as authorized by la w, shall be | |
1062 | 1996 | added, collected and paid. | |
1063 | - | ||
1064 | 1997 | E. If any part of any deficiency was d ue to fraud with intent | |
1065 | 1998 | to evade tax, then fifty percent (50%) of the total amount of t he | |
1066 | 1999 | deficiency, in addition to such deficiency, including interest as | |
1067 | 2000 | herein provided, shall be added, collected and paid. | |
1068 | - | ||
1069 | 2001 | F. The provisions in th is section for penaltie s shall supersede | |
1070 | 2002 | all other provisions for penalties on income taxes. The provisions | |
1071 | 2003 | in this section for penalties shall supersede the provisions in the | |
1072 | 2004 | Uniform Tax Procedure Co de, Section 201 et seq. of this title, only | |
1073 | 2005 | to the extent of conflict between such provisions and the penalty | |
1074 | 2006 | provisions in this section. | |
1075 | - | ENR. H. B. NO. 2289 Page 25 | |
1076 | 2007 | G. All taxes, penalties an d interest levied under Section 2351 | |
1077 | 2008 | et seq. of this title must be paid to the Tax Commissi on at Oklahoma | |
1078 | 2009 | City, in the form or remittance required by and payable to it. | |
2010 | + | ||
2011 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 40 | |
2012 | + | (Bold face denotes Committee Amendments) 1 | |
2013 | + | 2 | |
2014 | + | 3 | |
2015 | + | 4 | |
2016 | + | 5 | |
2017 | + | 6 | |
2018 | + | 7 | |
2019 | + | 8 | |
2020 | + | 9 | |
2021 | + | 10 | |
2022 | + | 11 | |
2023 | + | 12 | |
2024 | + | 13 | |
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2032 | + | 21 | |
2033 | + | 22 | |
2034 | + | 23 | |
2035 | + | 24 | |
1079 | 2036 | ||
1080 | 2037 | H. 1. The period of time prescribed in Section 223 of this | |
1081 | 2038 | title, in which the proced ures for the assessment of income tax may | |
1082 | 2039 | be commenced by the Tax Commission, shall be toll ed and extended | |
1083 | 2040 | until the amount of taxable income for any year of a taxpayer under | |
1084 | 2041 | the Internal Revenue Code has been finally determined under | |
1085 | 2042 | applicable federal la w and for the additional period of time | |
1086 | 2043 | hereinafter provided in this subsection. | |
1087 | - | ||
1088 | 2044 | 2. If, in such final determination, the amount of taxable | |
1089 | 2045 | income for any year of a taxp ayer under the Internal Revenue Code is | |
1090 | 2046 | changed or corrected from the amounts included in the federal return | |
1091 | 2047 | of the taxpayer for such year and such change or correction affects | |
1092 | 2048 | the Oklahoma taxable income of the taxpayer for such yea r, the | |
1093 | 2049 | taxpayer, within one (1) year after such final determination of the | |
1094 | 2050 | corrected taxable income, shall fil e an amended return under Section | |
1095 | 2051 | 2351 et seq. of this title reporting the corrected Oklaho ma taxable | |
1096 | 2052 | income, and the Tax Commission shall make as sessment or refund | |
1097 | 2053 | within two (2) years from the date the return required by this | |
1098 | 2054 | paragraph is filed and not t hereafter, unless a waiver is agreed to | |
1099 | 2055 | and signed by the Tax Commission and the taxpayer. | |
1100 | - | ||
1101 | 2056 | 3. In the event of failure by a taxpayer to comply wit h the | |
1102 | 2057 | provisions of paragraph 2 of this subsection, the statute of | |
1103 | 2058 | limitations shall be tolled for a period of time equal to the time | |
1104 | 2059 | between the date the amended return under this subsection is | |
1105 | 2060 | required until such return is actually furnished. | |
2061 | + | ||
2062 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 41 | |
2063 | + | (Bold face denotes Committee Amendments) 1 | |
2064 | + | 2 | |
2065 | + | 3 | |
2066 | + | 4 | |
2067 | + | 5 | |
2068 | + | 6 | |
2069 | + | 7 | |
2070 | + | 8 | |
2071 | + | 9 | |
2072 | + | 10 | |
2073 | + | 11 | |
2074 | + | 12 | |
2075 | + | 13 | |
2076 | + | 14 | |
2077 | + | 15 | |
2078 | + | 16 | |
2079 | + | 17 | |
2080 | + | 18 | |
2081 | + | 19 | |
2082 | + | 20 | |
2083 | + | 21 | |
2084 | + | 22 | |
2085 | + | 23 | |
2086 | + | 24 | |
1106 | 2087 | ||
1107 | 2088 | 4. In administering the provision s of this subsection, the Tax | |
1108 | 2089 | Commission shall have the authority to audit each and eve ry item of | |
1109 | 2090 | income, deduction, credit or any other matter related to the return | |
1110 | 2091 | where such items or matters relate to allocation or apportionment | |
1111 | 2092 | between the State of Okl ahoma and some other state or the federal | |
1112 | 2093 | government even if such items or matters were not affected by | |
1113 | 2094 | revisions made in such final determination. Where such items or | |
1114 | 2095 | matters do not relate to allocation or apportionment between the | |
1115 | 2096 | State of Oklahoma and some other state or the federal government, | |
1116 | 2097 | the Tax Commission shall be bound by the re visions made in such | |
1117 | 2098 | final determination. | |
1118 | - | ||
1119 | 2099 | 5. The provisions of this subsection shall be ef fective on | |
1120 | - | September 1, 1993, and | |
2100 | + | September 1, 1993, and except in the case of tax years which are th e | |
1121 | 2101 | subject of closing, settlement or resolution agreements entered into | |
1122 | 2102 | by taxpayers and the Tax Commission, keep open all tax years | |
1123 | 2103 | beginning after June 30, 1988, and all tax yea rs beginning on or | |
1124 | 2104 | before June 30, 1988, for which exte nsions of the statute o f | |
1125 | 2105 | limitations have been executed by the taxpayer, but only to the | |
1126 | 2106 | extent such extension s remain open on the date of enactment hereof. | |
1127 | - | ||
1128 | 2107 | SECTION 11. AMENDATORY 68 O.S. 2021, Section 2385.3, is | |
1129 | 2108 | amended to read as follows: | |
1130 | - | ||
1131 | 2109 | Section 2385.3 A. Every employer required to deduct and | |
1132 | 2110 | withhold taxes under Section 2385.2 of thi s title shall pay over the | |
1133 | 2111 | amount so withheld as taxes to the Oklahoma Tax Commission pursu ant | |
2112 | + | ||
2113 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 42 | |
2114 | + | (Bold face denotes Committee Amendments) 1 | |
2115 | + | 2 | |
2116 | + | 3 | |
2117 | + | 4 | |
2118 | + | 5 | |
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2136 | + | 23 | |
2137 | + | 24 | |
2138 | + | ||
1134 | 2139 | to the schedule outlined in paragraphs 1 through 3 of this | |
1135 | 2140 | subsection, and shall file a quarterly return in such form as the | |
1136 | 2141 | Tax Commission shall prescribe on or before the twentieth day of the | |
1137 | 2142 | month following the close of each calendar quarter: | |
1138 | - | ||
1139 | 2143 | 1. Every employer required to remit federal withholding unde r | |
1140 | 2144 | the Federal Semiweekl y Deposit Schedule shall pay over the amount so | |
1141 | 2145 | withheld under subsection A of this sec tion on the same dates as | |
1142 | 2146 | required under the Federal Semiweekly Deposit Schedule for federa l | |
1143 | 2147 | withholding taxes; | |
1144 | - | ||
1145 | 2148 | 2. Every employer owing an averag e of Five Hundred Dolla rs | |
1146 | 2149 | ($500.00) or more per quarter in taxes in the previous fiscal year | |
1147 | 2150 | who is not subject to the provisions of paragraph 1 of this | |
1148 | 2151 | subsection shall pay over the amount so withheld on or before the | |
1149 | 2152 | twentieth day of each succeeding mont h; and | |
1150 | - | ||
1151 | 2153 | 3. Every employer owing an average of less than Five Hundred | |
1152 | 2154 | Dollars ($500.00) per quarter in taxes in the previous fiscal year | |
1153 | 2155 | shall pay over the amount so withheld on or before the twentieth day | |
1154 | 2156 | of the month following the close of each succeeding quarterly | |
1155 | 2157 | period. | |
1156 | - | ||
1157 | 2158 | B. Every employer subject to the provisions of paragraph 1 of | |
1158 | 2159 | subsection A of this section shall file returns pursuant to the Tax | |
1159 | 2160 | Commission's electronic data interchange program. | |
1160 | - | ||
1161 | 2161 | C. Every employer required under Section 2385.2 of this title | |
1162 | 2162 | to deduct and withhold a tax from the wages paid an employee shall, | |
2163 | + | ||
2164 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 43 | |
2165 | + | (Bold face denotes Committee Amendments) 1 | |
2166 | + | 2 | |
2167 | + | 3 | |
2168 | + | 4 | |
2169 | + | 5 | |
2170 | + | 6 | |
2171 | + | 7 | |
2172 | + | 8 | |
2173 | + | 9 | |
2174 | + | 10 | |
2175 | + | 11 | |
2176 | + | 12 | |
2177 | + | 13 | |
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2187 | + | 23 | |
2188 | + | 24 | |
2189 | + | ||
1163 | 2190 | as to the total wages paid to each employee during the calendar | |
1164 | 2191 | year, furnish to such employee, on or before January 31 of the | |
1165 | - | succeeding year, a written statement showing the name of the | |
2192 | + | succeeding year, a written statement showing the name of the | |
1166 | 2193 | employer, the name of the employee and the employee 's Social | |
1167 | 2194 | Security account number, if any, the total amount of wages subject | |
1168 | 2195 | to taxation, and the total amount deducted and withheld as tax and | |
1169 | 2196 | such other information as the Tax Commission may requi re. If an | |
1170 | 2197 | employee's employment is terminated before the close of a calendar | |
1171 | 2198 | year, the written statement must be furnished within thirty (30) | |
1172 | 2199 | days of the date of which the last payment of wages is mad e. | |
1173 | - | ||
1174 | 2200 | D. Every employer required under Section 2385.2 of this title | |
1175 | 2201 | to deduct and withhold a tax from the wages paid an employee shall | |
1176 | 2202 | furnish to the Oklahoma Tax Comm ission, on or before January 31 of | |
1177 | 2203 | the succeeding year, an annual reconciliation and such o ther | |
1178 | 2204 | information as the Tax Commission may require purs uant to the Tax | |
1179 | 2205 | Commission's electronic data interchange program . Failure of an | |
1180 | 2206 | employer to provide an annual reconciliation within thirty (30) days | |
1181 | 2207 | of the due date may result in a penalty to be impos ed on the | |
1182 | 2208 | employer in an amount not to exceed One Thous and Dollars ($1,000). | |
1183 | 2209 | The additional penalty may be collected in the same manner as | |
1184 | 2210 | provided by law for colle ction of delinquent taxes. | |
1185 | - | ||
1186 | 2211 | E. If the Tax Commission , in any case, has justifiable reason | |
1187 | 2212 | to believe that the collection of the tax provided for in Section | |
2213 | + | ||
2214 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 44 | |
2215 | + | (Bold face denotes Committee Amendments) 1 | |
2216 | + | 2 | |
2217 | + | 3 | |
2218 | + | 4 | |
2219 | + | 5 | |
2220 | + | 6 | |
2221 | + | 7 | |
2222 | + | 8 | |
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2224 | + | 10 | |
2225 | + | 11 | |
2226 | + | 12 | |
2227 | + | 13 | |
2228 | + | 14 | |
2229 | + | 15 | |
2230 | + | 16 | |
2231 | + | 17 | |
2232 | + | 18 | |
2233 | + | 19 | |
2234 | + | 20 | |
2235 | + | 21 | |
2236 | + | 22 | |
2237 | + | 23 | |
2238 | + | 24 | |
2239 | + | ||
1188 | 2240 | 2385.2 of this title is in jeopardy, the Tax Commission may require | |
1189 | 2241 | the employer to file a return an d pay the tax at any time. | |
1190 | - | ||
1191 | 2242 | F. Any sum or sums withh eld in accordance with the provisions | |
1192 | 2243 | of Section 2385.2 of this title shall be deemed to be held in trust | |
1193 | 2244 | for the State of Oklahoma, and, as trustee, the employer shall have | |
1194 | 2245 | a fiduciary duty to the State of Oklahoma in regard to such sums and | |
1195 | 2246 | shall be subject to the trust laws of this state. | |
1196 | - | ||
1197 | 2247 | G. If any employer fails to withhold the tax required to be | |
1198 | 2248 | withheld by Section 2385.2 of this title and thereafter the income | |
1199 | 2249 | tax is paid by the employee, the tax so required to be withheld | |
1200 | 2250 | shall not be collected from the employer but such employer shall n ot | |
1201 | 2251 | be relieved from the liability for penalties or interest otherwise | |
1202 | 2252 | applicable because of such failure to withhold the tax. | |
1203 | - | ||
1204 | 2253 | H. Every person making payments of win nings subject to | |
1205 | 2254 | withholding shall, for each monthly period, on or before the | |
1206 | 2255 | twentieth day of the month following the payment of such winnings | |
1207 | 2256 | pay over to the Tax Commi ssion the amounts so withheld, and shall | |
1208 | 2257 | file a return, in a form as prescribed by the Tax Commission. | |
1209 | - | ENR. H. B. NO. 2289 Page 28 | |
1210 | 2258 | I. Every person making payments of winnings subject to | |
1211 | 2259 | withholding shall furnish to each recipient on or before January 31 | |
1212 | 2260 | of the succeeding year a writ ten statement in a form as prescribed | |
1213 | 2261 | by the Tax Commission. Every person making such reports shall also | |
1214 | 2262 | furnish a copy of such report to the Tax Commission in a manner and | |
1215 | 2263 | at a time as shall be prescribed by the Tax Commission. | |
1216 | 2264 | ||
2265 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 45 | |
2266 | + | (Bold face denotes Committee Amendments) 1 | |
2267 | + | 2 | |
2268 | + | 3 | |
2269 | + | 4 | |
2270 | + | 5 | |
2271 | + | 6 | |
2272 | + | 7 | |
2273 | + | 8 | |
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2275 | + | 10 | |
2276 | + | 11 | |
2277 | + | 12 | |
2278 | + | 13 | |
2279 | + | 14 | |
2280 | + | 15 | |
2281 | + | 16 | |
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2284 | + | 19 | |
2285 | + | 20 | |
2286 | + | 21 | |
2287 | + | 22 | |
2288 | + | 23 | |
2289 | + | 24 | |
2290 | + | ||
1217 | 2291 | SECTION 12. AMENDATORY 68 O.S. 2021, Section 3131, is | |
1218 | 2292 | amended to read as follows: | |
1219 | - | ||
1220 | 2293 | Section 3131. A. Within thirty (30) days after resale of | |
1221 | 2294 | property, the county treasurer s hall file in the office of the | |
1222 | 2295 | county clerk a return, and retain a copy thereof in the county | |
1223 | 2296 | treasurer's office, which shall show or include, as appropriate: | |
1224 | - | ||
1225 | 2297 | 1. Each tract or parcel of real estate so sold; | |
1226 | - | ||
1227 | 2298 | 2. The date upon which it was resold; | |
1228 | - | ||
1229 | 2299 | 3. The name of the purchaser; | |
1230 | - | ||
1231 | 2300 | 4. The price paid therefor; | |
1232 | - | ||
1233 | 2301 | 5. A copy of the notice of such resale with an affidavit of its | |
1234 | 2302 | publication or posting; and | |
1235 | - | ||
1236 | 2303 | 6. The complete minu tes of sale, and that the same was | |
1237 | 2304 | adjourned from day to day until the sale was completed. | |
1238 | - | ||
1239 | 2305 | Such notice and return shall be presumptive evidence of the | |
1240 | 2306 | regularity, legality and validity of all the official acts leading | |
1241 | 2307 | up to and constituting such resale. W ithin such thirty (30) days, | |
1242 | 2308 | the county treasurer shall execute, acknowledge and deliver to the | |
1243 | 2309 | purchaser or the purchaser's assigns, or to the board of county | |
1244 | 2310 | commissioners where such property has been bid off in the name o f | |
1245 | 2311 | the county, a deed conveying t he real estate thus resold. The | |
1246 | 2312 | issuance of such deed shall effect the cancellation and se tting | |
1247 | 2313 | aside of all delinquent taxes, assessments, penalties and costs | |
1248 | 2314 | previously assessed or existing against the real estate, and of all | |
2315 | + | ||
2316 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 46 | |
2317 | + | (Bold face denotes Committee Amendments) 1 | |
2318 | + | 2 | |
2319 | + | 3 | |
2320 | + | 4 | |
2321 | + | 5 | |
2322 | + | 6 | |
2323 | + | 7 | |
2324 | + | 8 | |
2325 | + | 9 | |
2326 | + | 10 | |
2327 | + | 11 | |
2328 | + | 12 | |
2329 | + | 13 | |
2330 | + | 14 | |
2331 | + | 15 | |
2332 | + | 16 | |
2333 | + | 17 | |
2334 | + | 18 | |
2335 | + | 19 | |
2336 | + | 20 | |
2337 | + | 21 | |
2338 | + | 22 | |
2339 | + | 23 | |
2340 | + | 24 | |
2341 | + | ||
1249 | 2342 | outstanding individual and county tax sale certificates, and shall | |
1250 | 2343 | vest in the grantee an absolute and perfect title i n fee simple to | |
1251 | 2344 | the real estate, subject to all claims which the state may have had | |
1252 | 2345 | on the real estate for taxes or other liens or en cumbrances; | |
1253 | 2346 | provided, that all s uch claims which the state, municipality or both | |
1254 | - | the state and the municipality may have ha d on the real estate for | |
2347 | + | the state and the municipality may have ha d on the real estate for | |
1255 | 2348 | taxes or other liens or encumbrances shall be canceled and | |
1256 | 2349 | extinguished with respect to any deed conveying t itle to the board | |
1257 | 2350 | of county commissioners where such property was bid off in the name | |
1258 | 2351 | of the county. Twelve (12) months af ter the deed shall have been | |
1259 | 2352 | filed for record in the county clerk's office, no action shall be | |
1260 | 2353 | commenced to avoid or set aside the de ed. Provided, that persons | |
1261 | 2354 | under legal disability shall have one (1) year after removal of such | |
1262 | 2355 | disability within which to redeem the real estate. | |
1263 | - | ||
1264 | 2356 | B. Any number of lots or tracts of land may be included in one | |
1265 | 2357 | deed, for which deed the county treasurer sh all collect from the | |
1266 | 2358 | purchaser the fees provided for in Section 43 of Title 28 of the | |
1267 | 2359 | Oklahoma Statutes. The county treasu rer shall also charge and | |
1268 | 2360 | collect from the purchaser at such sale an amount in addition to the | |
1269 | 2361 | bid placed on such real estate, suffic ient to pay all expenses | |
1270 | 2362 | incurred by the county in preparing, listing and advertising the lot | |
1271 | 2363 | or tract purchased by such bi dder, which sums shall be credited and | |
1272 | 2364 | paid into the resale property fund hereinafter provided, to be used | |
1273 | 2365 | to defray to that extent t he costs of resale. | |
1274 | 2366 | ||
2367 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 47 | |
2368 | + | (Bold face denotes Committee Amendments) 1 | |
2369 | + | 2 | |
2370 | + | 3 | |
2371 | + | 4 | |
2372 | + | 5 | |
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2390 | + | 23 | |
2391 | + | 24 | |
2392 | + | ||
1275 | 2393 | C. When any tract or lot of land sells for more than the taxes, | |
1276 | 2394 | penalties, interest and cost due there on, the excess shall be held | |
1277 | 2395 | in a separate fund the county treasurer shall notify the Oklahoma | |
1278 | 2396 | Tax Commission within thirty (30) days after the resale, and shall | |
1279 | 2397 | include in such notification all information necessary for the | |
1280 | 2398 | Oklahoma Tax Commission to dete rmine whether a tax lien exists on | |
1281 | 2399 | the subject property. | |
1282 | - | ||
1283 | 2400 | D. Within sixty (60) days of receipt of the n otification | |
1284 | 2401 | described in subsection C of this section, the Oklahoma Tax | |
1285 | 2402 | Commission shall provide notice to the county treasurer of any | |
1286 | 2403 | outstanding tax liabilities, including tax, penalty and interest, | |
1287 | 2404 | attached to each tract or lot of land, regardless of whether a tax | |
1288 | 2405 | warrant has been filed. Upon timely notice of a li ability from the | |
1289 | 2406 | Oklahoma Tax Commission, the county treasurer shall remit to the Tax | |
1290 | 2407 | Commission the amount of the outstanding tax liabilities or the | |
1291 | 2408 | excess proceeds, whichever is less. Any remaining proceeds shall be | |
1292 | 2409 | held in the separate fund for the record owner of such land, as | |
1293 | 2410 | shown by the county records as of the date the county resale begins, | |
1294 | 2411 | to be withdrawn any time within one (1) year. No assig nment of this | |
1295 | 2412 | right to excess proceeds shall be valid which occurs on or after the | |
1296 | 2413 | date on which the county resale began. At the end of one (1) year, | |
1297 | 2414 | if such money has not been w ithdrawn or collected from the county, | |
1298 | 2415 | it shall be credited to the county res ale property fund. | |
1299 | - | ENR. H. B. NO. 2289 Page 30 | |
1300 | 2416 | SECTION 13. This act shall become effective July 1, 2023. | |
2417 | + | ||
2418 | + | SENATE FLOOR VERSION - HB2289 SFLR Page 48 | |
2419 | + | (Bold face denotes Committee Amendments) 1 | |
2420 | + | 2 | |
2421 | + | 3 | |
2422 | + | 4 | |
2423 | + | 5 | |
2424 | + | 6 | |
2425 | + | 7 | |
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2441 | + | 23 | |
2442 | + | 24 | |
1301 | 2443 | ||
1302 | 2444 | SECTION 14. It being immediately necessary for the preservation | |
1303 | 2445 | of the public peace, hea lth or safety, an emergency is hereby | |
1304 | 2446 | declared to exist, by reason whereof this act shall take effect and | |
1305 | 2447 | be in full force from and after its passage and approval. | |
1306 | - | ENR. H. B. NO. 2289 Page 31 | |
1307 | - | Passed the House of Represent atives the 22nd day of March, 2023. | |
1308 | - | ||
1309 | - | ||
1310 | - | ||
1311 | - | ||
1312 | - | Presiding Officer of the House | |
1313 | - | of Representatives | |
1314 | - | ||
1315 | - | ||
1316 | - | ||
1317 | - | Passed the Senate the 20th day of April, 2023. | |
1318 | - | ||
1319 | - | ||
1320 | - | ||
1321 | - | ||
1322 | - | Presiding Officer of the Senate | |
1323 | - | ||
1324 | - | ||
1325 | - | ||
1326 | - | OFFICE OF THE GOVERNOR | |
1327 | - | Received by the Office of the Governor this ____________________ | |
1328 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1329 | - | By: _________________________________ | |
1330 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
1331 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1332 | - | ||
1333 | - | ||
1334 | - | _________________________________ | |
1335 | - | Governor of the State of Oklahoma | |
1336 | - | ||
1337 | - | OFFICE OF THE SECRETARY OF STATE | |
1338 | - | Received by the Office of the Secretary of State this __________ | |
1339 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1340 | - | By: _________________________________ | |
2448 | + | COMMITTEE REPORT BY: COMMITTEE ON FINANCE | |
2449 | + | April 3, 2023 - DO PASS |