Oklahoma 2023 Regular Session

Oklahoma House Bill HB2289 Compare Versions

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334 BILL NO. 2289 By: Pfeiffer of the House
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536 and
637
738 Rader of the Senate
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1443 An Act relating to revenue and taxation; amending 68
1544 O.S. 2021, Sections 221, 225, 226, 227, as amended by
1645 Section 1, Chapter 114, O.S.L. 2022, 231, 255.2,
1746 1364, 1364.2, 2373, 2375, 2385.3, and 3131 (68 O.S.
1847 Supp. 2022, Section 227), which relate to state and
1948 local tax administration; modifying provisions
2049 related to assessment of additional taxes; modifying
2150 method for computation of certain protest period;
2251 modifying method for computing date as of which
2352 assessments of additional tax considered final;
2453 providing for confidential nature of certain
2554 hearings; providing for rule regarding attendance of
2655 authorized persons at heari ng; requiring filing of
2756 confidential information and prescribing procedures
2857 related thereto; modifying method for computation of
2958 time period related to appeal procedures from final
3059 order of Oklahoma Tax Commission; modifying method
3160 for computation of time period related to claim for
3261 refund process; requiring filing of tax warrants by
3362 electronic means; modifying references to include
3463 Oklahoma Medical Marijuana A uthority; authorizing
3564 certain persons to obtain sales tax permits; imposing
3665 age requirement; providing exception; modifying
3766 required documentation to be provided by certain
3867 vendors with respect to spec ial events; modifying
3968 provisions related to autho rized deduction for
4069 vendors; modifying provisions related to income tax
4170 refunds; prescribing time limit for claim for refund
4271 of income taxes; prescribing method for computation
4372 of time period; prescribing methods for computing
4473 refund amounts; modifying procedures relate d to
4574 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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47103 failure to provide reconciliation reports with
48104 respect to withholding tax; providing for collection
49105 of penalty amount; modifying provisions related to
50106 sales of property for delinquent ad valorem tax;
51107 requiring notification by county treasurer; requiring
52108 Oklahoma Tax Commission to provide information to
53109 county treasurer; requiring remittance of certain tax
54110 amounts; providing for disposition of proceeds after
55111 remittance; providing an effective date; and
56112 declaring an emergency.
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61-SUBJECT: Revenue and taxation
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63117 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
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65118 SECTION 1. AMENDATORY 68 O.S. 2021, Section 221, is
66119 amended to read as follo ws:
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68120 Section 221. A. If any taxpayer shall fail t o make any report
69121 or return as required by any state tax law, the Oklahoma Tax
70122 Commission, from any information in its possession or obtainable by
71123 it, may determine the correct amou nt of tax for the taxable period.
72124 If a report or return has been filed, th e Tax Commission shall
73125 examine such report or return and make such audit or investigation
74126 as it may deem necessary. If, in cases where no report or return
75127 has been filed, the Tax C ommission determines that there is a tax
76128 due for the taxable period, or if, in cases where a repo rt or return
77129 has been filed, the Tax Commission shall determine that the tax
78130 disclosed by such re port or return is less than the tax disclosed by
79131 its examination, it shall in writing p ropose the assessment of taxes
80132 or additional taxes, as the case may be, and shall mail a cop y of
81133 the proposed assessment to the taxpayer at the taxpa yer's last-known
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82161 address. Proposed assessments made in the name of the "Oklahoma Tax
83162 Commission" by its authorized agents shall be considered as the
84163 action of the Tax Commission.
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86164 B. Any assessment, correction or adjustment made as a result of
87165 an office audit shall be presum ed to be the result of an audit of
88166 the report or return only, and such office audit sha ll not be deemed
89167 a verification of any item in the report or return unle ss the item
90168 shall have been made the subject of a hearing before the Tax
91-Commission, and the corr ectness and amount of such item determined ENR. H. B. NO. 2289 Page 3
169+Commission, and the corr ectness and amount of such item determined
92170 at such hearing; and such office audit shall not preclude the Tax
93171 Commission from subsequently making further adjust ment, correction
94172 or assessment as a result of a field audit of the books and records
95173 of the taxpayer, wherever located, or upon disclosures from any
96174 source other than the return. In c ases where no report or return
97175 has been filed, the assessment of the tax on any information
98176 available shall in no event preclude the assessment at an y time on
99177 subsequently disclosed information.
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101178 C. Within sixty (60) days after the mailing of date indicated
102179 on the aforesaid proposed assessment, the taxpay er may file with the
103180 Tax Commission a written protest under oath, signed by the taxpayer
104181 or the taxpayer's duly authorized agent, setting out therein:
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106182 1. A statement of the amount of deficiency as d etermined by the
107183 Tax Commission, the nature of the tax an d the amount thereof in
108184 controversy;
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110212 2. A clear and concise assignment of each error alleged to ha ve
111213 been committed by the Tax Commission;
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113214 3. The argument and legal authority upon which each assign ment
114215 of error is made; provided, that the applicant shall not be bound or
115216 restricted in such hear ing, or on appeal, to the arguments and legal
116217 authorities contained and cited i n the application;
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118218 4. A statement of relief sought by the taxpayer; and
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120219 5. A verification by the taxpayer or the taxpayer's duly
121220 authorized agent that the statements and facts contained therein are
122221 true.
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124222 D. If in such written protest the taxpayer shall request an
125223 oral hearing, the Tax Commission shall grant such hearing, and
126224 shall, by written notice, advise the taxpayer of a date, which shall
127225 not be less than ten (10) days fro m the date of mailing of such
128226 written notice, when such tax payer may appear bef ore the Tax
129227 Commission and present arguments and evidence, oral or written, in
130228 support of the protest. Hearings shall be held as soon as
131229 practicable. In the event an oral hear ing is not requested, the Tax
132230 Commission shall proceed with out further notice t o examine into the
133231 merits of the protest and enter an order in accordance with i ts
134232 findings. Upon request of any taxpayer and upon prope r showing that
135233 the principle of law invo lved in the assessment of any tax is
136-already pending before the courts for judicial determination, the ENR. H. B. NO. 2289 Page 4
234+already pending before the courts for judicial determination, the
137235 taxpayer, upon agreement to abide by the decision of the court, may
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138263 pay the tax so assessed under protest and suc h protest shall be
139264 resolved in accordanc e with the agreement to abide.
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141265 E. If the taxpayer fails to file a written protest within the
142266 sixty-day period herein provided for or within the period as
143267 extended by the Tax Commission, or if the taxpayer fails to f ile the
144268 notice required by Section 226 o f this title within thirty (30) days
145269 from the date of mailing of an indicated on the proposed assessment,
146270 then the proposed assessment, without further action of the Tax
147271 Commission, shall become final and absolute . A taxpayer who fails
148272 to file a protest to an assessment of taxes within the time period
149273 prescribed by this section may, within one (1) year of the date the
150274 assessment becomes final, request the Tax Commissi on to adjust or
151275 abate the assessment if the taxpay er can demonstrate, by a
152276 preponderance of the evidence, that the assessment or some portion
153277 thereof is clearly erroneous. If the Tax Commission determines that
154278 the proper showing has been made, the assessm ent or portion thereof
155279 determined to be clearly er roneous shall be deemed not to have
156280 become final and absolute. No hearing to adjust or abate a cle arly
157281 erroneous assessment may be granted after the Tax Commission 's
158282 denial of such a request. An order of the Tax Commission denying a
159283 taxpayer's request to adjust or abate an assessment alleged to be
160284 clearly erroneous is not an appealable order under Sec tion 225 of
161285 this title. No proceeding instituted by the Tax Commission to
162286 collect a tax liability may be s tayed because of a request made by a
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163314 taxpayer to adjust or abate an assessment alleged to be clearly
164315 erroneous.
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166316 F. The Tax Commission may in its dis cretion extend the t ime for
167317 filing a protest for any period of time not to exceed an additional
168318 ninety (90) days. Any extension granted shall not extend the period
169319 of time within which the notice re quired by Section 226 of this
170320 title may be filed.
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172321 G. Within a reasonable tim e after the hearing herein provided
173322 for, the Tax Commission shall make and enter an ord er in writing in
174323 which it shall set forth the disp osition made of the protest and a
175324 copy of such order shall forthwith be mailed to the taxpayer. Th e
176325 order shall contain findings of fact and conclusions of law. After
177326 removing the identity of the taxpayer , the Tax Commission shall make
178327 the order available for public inspection and shall publish those
179328 orders the Tax Commission deems to be of precedenti al value. The
180329 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 ENR. H. B. NO. 2289 Page 5
330+Section 225 of this title, ap peal to the Supreme Court, but in the
182331 event the taxpayer fails to so proceed, the order shal l within
183332 thirty (30) days from the date a certified copy thereof is mailed to
184333 the taxpayer, become final. The provisions of Section 226 of this
185334 title shall not apply where a proposed assessment or an assessment
186335 of taxes has been permitted to become final.
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188336 H. In all instances where the proposed assessment or th e
189337 assessment of taxes or additional taxes has been permitted to become
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190365 final, a certified copy of the asses sment may be filed in the office
191366 of the county clerk of any county in this state, and upon b eing so
192367 filed, the county clerk shall enter same upon the judgment docket in
193368 the same manner as provided for in connection with judgments of
194369 district courts. When an assessment is so filed and docketed, it
195370 shall have the same force and be subject to the s ame law as a
196371 judgment of the district court, and accordin gly it shall constit ute
197372 a lien on any real estate of the taxpayer located in the county
198373 wherein filed; and execution may issue and proceedings in aid of
199374 execution may be had the same as on judgments of district courts.
200375 Such lien is hereby released and ext inguished upon the p ayment of
201376 such assessment, or, except as otherwise provided herein, upon the
202377 expiration of ten (10) years after the date upon which the
203378 assessment was filed in the office of the c ounty clerk; provided,
204379 the Tax Commission may, prior to t he release and extin guishment of
205380 such lien, refile the assessment one time in the office of the
206381 county clerk. An assessment so refiled shall continue the li en
207382 until payment of the assessment, or upo n the expiration of ten (10)
208383 years after the date upon wh ich the assessment w as refiled in the
209384 office of the county clerk. The remedies provided in this
210385 subsection shall be in addition to other remedies provided b y law.
211386 All active liens evidenced by an a ssessment filed with a county
212387 clerk's office prior to Nov ember 1, 1989, shall be released and
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213415 extinguished if the assessment is not refiled prior to November 1,
214416 2001.
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216417 I. In order to make more definite the intentio n of the
217418 Legislature in connection with th e applicability or lack of
218419 applicability of the refund pr ovisions of the tax statutes to those
219420 treating with proposed assessments and assessments that have become
220421 final, the Legislature being cognizant of the fact that such intent
221422 has been questioned, it i s declared to be the intent of the
222423 Legislature that the r efund provisions sha ll be without application
223424 to taxes where the amount thereof has been determined by an
224425 assessment, other than an assessment designated as an "office
225426 audit", that has become final.
226- ENR. H. B. NO. 2289 Page 6
227427 SECTION 2. AMENDATORY 68 O.S. 2021, Section 225, is
228428 amended to read as follows:
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230429 Section 225. A. Any taxpayer aggrieved by any order, rul ing,
231430 or finding of the Oklahoma Tax Commission directly affecting the
232431 taxpayer or aggrieved by a final order of the Tax Commission issued
233432 pursuant to subsection G of Section 221 of this title may appeal
234433 therefrom directly to the Supreme Court of Oklahoma. Provided, any
235434 taxpayer appealing from a final order of the Tax Commission
236435 assessing a tax or an additional tax or denial of a claim for refund
237436 may opt to file an appeal in district court as p rovided in
238437 subsection D of this section.
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240465 B. Within thirty (30) days after the date of mailing to the
241466 taxpayer of the order, ruling, or finding complained o f, the
242467 taxpayer desiring to appeal shall:
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244468 1. File a petition in error in the office of the Clerk of the
245469 Supreme Court; and
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247470 2. Request that the Tax Commission prep are for filing with the
248471 Supreme Court, within thirty (30) days, the record of the appeal,
249472 certified by the Secretary of the Tax Commission, and consi sting of
250473 any citations, findings, judgments , motions, orders, pleadings and
251474 rulings, together with a transc ript of all evidence introduced at
252475 any hearing relative thereto, or such portion of such cit ations,
253476 findings, judgments, motions, orders, pleadings, rulings, and
254477 evidence as the appealing part ies and the Tax Commission may agree
255478 to be sufficient to present fully to the Court the questions
256479 involved.
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258480 C. Upon request of the taxpayer, the Tax Commis sion shall
259481 furnish the taxpayer a copy of the proceedings had in connection
260482 with the matter complain ed of.
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262483 D. In lieu of an appeal to the Supreme Court, any taxpay er
263484 aggrieved by a final order of the Tax Commission assessing a tax or
264485 an additional tax or denial of a claim for refund may opt to file an
265486 appeal for a trial de novo in the district court of Oklahoma County
266487 or the county in which the taxpayer resides. If the amount in
267488 dispute exceeds Ten Thousand Dollars ($10,000.00), the appeal shall
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268516 be heard by a district or associate district judge sitting without a
269517 jury. If the amount in dispute does not exceed Ten Thousand Dollars
270518 ($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 ENR. H. B. NO. 2289 Page 7
519+without a jury. An order resulting from a trial provided purs uant
272520 to this subsection shall be appealable directly to t he Supreme Court
273521 of Oklahoma by either part y. Such appeal shall be taken in the
274522 manner and time provided b y law for appeal to the Supreme Court from
275523 the district court in civil actions. Upon the fi ling of an appeal,
276524 the order of the district court shall be superseded and ne ither
277525 party shall be required to give bond. The provisions of this
278526 subsection shall be applicable for tax periods beginning after the
279527 effective date of this act. Provided, if th e order applies to
280528 multiple tax periods which begin befor e and after the effe ctive date
281529 of this act, the appeal provided by this subsection shall be
282530 available to the aggrieved taxpayer.
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284531 E. If the appeal is from an order of the Tax Commission or a
285532 district court denying a refund of taxes previously paid and if u pon
286533 final determination of the appeal, the order denying the refund is
287534 reversed or modified, the taxes prev iously paid, together with
288535 interest thereon from the date of the filing of the petition in
289536 error at the rate provided in subsection A of Section 217 of this
290537 title, shall be refunded to the tax payer by the Tax Commission.
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292538 F. Such refunds and interest there on shall be paid by the Tax
293539 Commission out of monies in the Tax Commission clearing account from
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294567 subsequent collections from the same source as the o riginal tax
295568 assessment, provided that in th e event there are insufficient funds
296569 for refunds from subsequent collections from the same source, the
297570 refund shall be paid by the Tax Commission from monie s appropriated
298571 by the Legislature to the special refund r eserve account for s uch
299572 purposes as hereinafter provided. There is hereby created within
300573 the official depository of the State Treasury an agency special
301574 account for the Tax Commission for the purpos e of making such
302575 refunds as may be required under this se ction, not otherwise
303576 provided. This accoun t shall consist of monies appropriated by the
304577 Legislature for the purpose of making refunds under this section.
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306578 G. If the appeal be from an order, judgment , finding, or ruling
307579 of the Tax Commission other than one assessing a tax and from which
308580 a right of appeal is not otherwise specifically provided for in this
309581 article the Uniform Tax Procedure Code, any aggrieved taxpayer may
310582 appeal from that order, judgmen t, finding, or ruling as provided in
311583 this section. The filing of such an app eal shall supersede the
312584 effect of such order, judgment, ruling, or finding of the Tax
313585 Commission.
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315586 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 ENR. H. B. NO. 2289 Page 8
587+legal remedy by action at law in any case where a tax, or the method
317588 of collection or enforce ment thereof, or any o rder, ruling, finding,
318589 or judgment of the Tax Commission is compl ained of, or is sought to
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319617 be enjoined in any action in any court of this state or the Unite d
320618 States of America.
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322619 I. All hearings held in proceedings pursuant to this sec tion
323620 shall be confidential and shall be held in closed court without
324621 admittance of any person other than interested parties, their
325622 counsel, and employees of the Oklahoma Tax Comm ission and its
326623 counsel. Confidential information filed wi th or submitted to t he
327624 Supreme Court or district court in conjunction with any proceeding
328625 pursuant to this section shall not constitute a public record and
329626 shall be sealed by the court. Access to confidential information
330627 shall be strictly controlled.
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332628 SECTION 3. AMENDATORY 68 O.S. 2021, Section 226, is
333629 amended to read as follows:
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335630 Section 226. (a) In addition to the right to a protest of a
336631 proposed assessment as authorized by Section 221 of this title, a
337632 right of action is hereby created to afford a remedy to a taxpayer
338633 aggrieved by the provisions of this articl e or of any other state
339634 tax law, or who resists the collection of or the enforcement of the
340635 rules or regulations of the Tax Commission relating to the
341636 collection of any stat e tax; however, such remedy shall be limited
342637 as prescribed by subsection (c) of thi s section.
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344638 (b) Within thirty (30) days from the date of mailing to the
345639 taxpayer of indicated on an assessment for taxes or additional taxes
346640 pursuant to Section 221 of this title by the Tax Com mission, any
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347668 such taxpayer shall pay the tax to the Tax Commiss ion, and at the
348669 time of making such payment shall give notice to the Tax Commission
349670 of his intention to file su it for recovery of such tax. The
350671 taxpayer shall not be requir ed to file suit with in such thirty-day
351672 period in order to prosecute an action as au thorized by this
352673 section; however, failure to file such suit within one (1) year from
353674 the date of mailing of the assessment shall result in the assessment
354675 becoming final and absolute. If the taxpayer prevails the Tax
355676 Commission shall, by cash voucher draw n by the Tax Commission upon
356677 its official depository clearing account or special refund reserve
357678 account with the State Treasurer, refund to the taxpayer the amount
358679 of tax determined not to be d ue pursuant to the final judgm ent of
359680 the court having jurisdict ion, together with inter est on such amount
360681 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 ENR. H. B. NO. 2289 Page 9
682+date of payment by the taxpayer to the date of the refund by the Tax
362683 Commission. The refunds paid shall be payab le as provided in
363684 Section 225(d). If the taxpayer prevai ls and the court determines
364685 that the position of the Tax Commission in the proceeding w as not
365686 substantially justified, the court shall award the taxpa yer a
366687 judgment for reasonable attorney fees, reas onable expenses of expert
367688 witnesses in connection with th e proceeding and reasonable costs of
368689 any study, analysis, engineering report, test or p roject which is
369690 found by the court to be necessary for the prep aration of the
370691 taxpayer's case.
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372719 (c) This section shall afford a legal remedy and right of
373720 action in any state or federal court having jurisdiction of the
374721 parties and the subject matter. It sh all be construed to provide a
375722 legal remedy in the state or fede ral courts by action at law only in
376723 cases where the taxes complained of are claime d to be an unlawful
377724 burden on interstate commerce, or the collection thereof violative
378725 of any Congressional Act or provision of the Federal Constitution,
379726 or in cases where ju risdiction is vested in any of the Courts of the
380727 United States. In all actions br ought hereunder service of process
381728 upon the Chairman of the Tax Commission shall be sufficient service,
382729 and the Tax Commission shall be the sole, necessary and proper party
383730 defendant in any such suit, and the State Treasure r shall not be a
384731 necessary or proper party thereto.
385-
386732 (d) Upon request of any taxpayer and upon proper showing that
387733 the principle of law involved in the assessment of any tax is
388734 already pending before the cou rts for judicial determination, the
389735 taxpayer, upon agreement to abide by the decis ion of the court, may
390736 pay the tax so assessed under protest, but need not file a suit.
391-
392737 SECTION 4. AMENDATORY 68 O.S. 2021, Section 227, as
393738 amended by Section 1, Chapter 114, O.S.L. 2022 (68 O.S. Supp. 2022,
394739 Section 227), is amended to read as follows:
395-
396740 Section 227. A. Except as provided in subsection B of Section
397741 1361.2 and subsection D of Se ction 1364.1 of this title, any
398742 taxpayer who has paid to the State of Oklahoma, through error of
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399770 fact, or computation, or misinterpretation of law, any tax collected
400771 by the Tax Commission may, as hereinafter provided, be refunded the
401772 amount of such tax so erroneously paid, without interest.
402-
403773 B. 1. Except as otherwise provided by paragraph 2 of this
404774 subsection, any taxpayer who has so paid any such tax may, within
405775 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 ENR. H. B. NO. 2289 Page 10
776+Commission a verified claim for refund of such tax so erroneously
407777 paid. The Tax Commission may accept an amended withholding tax o r
408778 other report or return as a verifi ed claim for refund if the amended
409779 report or return establishes a liability less than the original
410780 report or return previously filed.
411-
412781 2. Upon August 26, 2016, with respect to the sales tax imposed
413782 by Section 1354 of thi s title and with respect to the use tax
414783 imposed by Section 1402 of this title, any taxpayer who has so paid
415784 such sales or use tax may, within two (2) ye ars from the date of
416785 payment thereof file with the Tax Commission a verified claim for
417786 refund of such tax so erroneously paid. The Tax Commission may
418787 accept an amended sales or use tax report or return as a verified
419788 claim for refund if the amended report or return establishes a
420789 liability less than the original report or return previously filed.
421-
422790 C. The claim so filed with the Tax Commission, except for an
423791 amended report or return, shall specify the name of the taxpayer,
424792 the time when and period for which t he tax was paid, the nature and
425793 kind of tax so paid, the amount of the tax which the taxpayer
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426821 claimed was erroneously paid, the grounds upon which a refund is
427822 sought, and such other information or data relative to such payment
428823 as may be necessary to an adj ustment thereof by the Tax Commission.
429824 It shall be the duty of the Commission to determine what amount of
430825 refund, if any, is due as soon as practicable after such claim has
431826 been filed and advise the taxpayer about the correctness of his
432827 claim and the claim for refund shall be approved or denied by
433828 written notice to the taxpayer.
434-
435829 D. If the claim for refund is denied, the taxpayer may file a
436830 demand for hearing with the Commission. The demand for hearing must
437831 be filed on or before the sixtieth day after the date indicated on
438832 the notice of denial was mailed. If the taxpayer fails to file a
439833 demand for hearing, the claim fo r refund shall be barred.
440-
441834 E. Upon the taxpayer's timely filing of a demand for hearing,
442835 the Commission shall set a date for hearing upon the claim for
443836 refund which date shall not be later than sixty (60) days from the
444837 date the demand for hearing was maile d. The taxpayer shall be
445838 notified of the time and place of the hearing. The hearing may be
446839 held after the sixty-day period provided by this subsection upon
447840 agreement of the taxpayer.
448-
449841 F. The provisions of this section shall not apply:
450- ENR. H. B. NO. 2289 Page 11
451842 1. To refunds of income tax erroneously paid, refun ds of which
452843 tax shall be payable out of the income tax adjust ment fund as
453844 provided by law;
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455872 2. To estate tax because the payment of such tax is covered by
456873 an order of the Tax Commission and the estate and interested parties
457874 are given notice that Commission 's position and computation of the
458875 tax will become final unle ss they protest and resist the payment
459876 thereof as provided by statute; nor
460-
461877 3. In any case where the tax was paid after an assessment
462878 thereof was made by the Tax Commission which assessment becam e final
463879 under the law.
464-
465880 SECTION 5. AMENDATORY 68 O.S. 2021, Section 231, is
466881 amended to read as follows:
467-
468882 Section 231. A. If any tax, impose d or levied by any state tax
469883 law, or any portion of such tax, is not paid before the same becomes
470884 delinquent, the Oklahoma Tax Commission may immediately issue a
471885 warrant under its official seal. A tax warrant directed to the
472886 sheriff of any county of the s tate shall command the sheriff to levy
473887 upon and sell without any appraise ment or valuation any real or
474888 personal property of the taxpayer found within the county for the
475889 payment of the delinquent ta x, interest and penalties, and the cost
476890 of executing the warrant, and to return such warrant to the Tax
477891 Commission, and to pay to it any monies collected by virtue thereof,
478892 by a time to be therein specified, not more than sixty (60) days
479893 from the date of the warrant.
480-
481894 B. The Tax Commission shall, immediately upon issuance of the
482895 warrant, file with the county clerk of the county for whi ch the
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483923 warrant was issued a copy thereof, and thereupon the county clerk
484924 shall record and index such warrant in the same man ner as judgments
485925 using the name of the taxpayer named in th e warrant, a short name
486926 for the tax, the amount of the tax or portion the reof, and interest
487927 and penalties for which the warrant was issued, and the date and
488928 time when such copy was filed. The Tax Commission may shall file
489929 the warrant in the appropriate of fice of the county clerk by
490930 electronic means. The filing of the warrant in the office of the
491931 county clerk of the county, shall constitute and be evidence and
492932 notice of the state's lien upon any interest in any real property of
493933 the taxpayer against whom su ch warrant is issued, until such tax,
494934 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 ENR. H. B. NO. 2289 Page 12
935+in addition to any and all other liens existing in favor of the
496936 state to secure the payment of the unpaid tax, penalty, interest and
497937 costs, and such lien shall be paramount and superior to all other
498938 liens of whatsoever kind or cha racter, attaching to any of said
499939 property subsequent to the date and time of such filing and shall be
500940 in addition to any lien provided by Section 234 of this title. The
501941 Tax Commission shall, immediately upon issuance of the warrant,
502942 mail, by regular mail, a copy of the warrant to the last-known
503943 address of the delinquent taxpayer. Such lien is hereby released
504944 and extinguished upon the payment of such tax, penalty, interest and
505945 costs, or, except as otherwise provided herein, upon the expiration
506946 of ten (10) years after the date upon which the warrant was filed
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507974 with the county clerk; provided, the Tax Commission may, prior t o
508975 the release and extinguishment of such lien, refile the w arrant in
509976 the office of the county clerk. A warrant so refiled shall continue
510977 the lien until payment of the tax, penalty, interest and costs, or
511978 upon the expiration of ten (10) years after the dat e upon which the
512979 warrant was refiled and indexed by the cou nty clerk. All active
513980 liens evidenced by a warrant filed with a county clerk 's office
514981 prior to November 1, 1989, shall be released and extinguished if the
515982 warrant is not refiled prior to November 1, 2001.
516-
517983 C. Except as otherwise provided in subsection D o f this
518984 section, the Tax Commission shall forward the filed warrant to the
519985 sheriff of the county in which the warrant was filed. Upon receipt
520986 of the warrant, such sheriff shall thereupon proceed to execute the
521987 tax warrant in the same manner prescribed by l aw for executions
522988 against property upon judgment of a court of record; and such
523989 sheriff shall execute and deliver to the purchaser a bill of sale or
524990 deed, as the case may be.
525-
526991 D. The Tax Commission shall not direct or forward to the
527992 sheriff of any county a ny tax warrant issued pursuant to collection
528993 by the Tax Commission. The Tax Co mmission shall promulgate rules
529994 pertaining to tax warrants issued under this section.
530-
531995 E. The Tax Commission may levy upon and sell without any
532996 appraisement or valuation any rea l or personal property of any
533997 taxpayer identified by a filed tax warrant. The Tax Commission may
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5341025 execute the tax warrant in the same manner prescribed by law for
5351026 executions against property upon j udgment of a court of record and
5361027 may execute and deliver to the purchaser a bill of sale or deed, as
5371028 the case may be.
538-
5391029 F. Any purchaser, o ther than the State of Oklahoma, shall be
540-entitled, upon application to the court having jurisdictio n of the ENR. H. B. NO. 2289 Page 13
1030+entitled, upon application to the court having jurisdiction of the
5411031 property, to have confirmation, the procedure for which shall be the
5421032 same as is now provided for the confirmation of a sale of property
5431033 under execution, of such sale prior to the issuance of a bill of
5441034 sale or deed. The State of Oklahoma shall be authorized to make
5451035 bids at any such sale to the amount of tax, penalty and co sts
5461036 accrued. In the event such bid is successful, the sheriff shall
5471037 issue proper muniment of title to the Tax Commission which shall
5481038 hold such title for the use and benefit of the State of Oklahom a;
5491039 and any taxpayer, or transferee of such taxpayer, shall have the
5501040 right, at any time within one (1) year from the date of such sale,
5511041 to redeem such property, upon the payment of all taxes, penalties
5521042 and costs accrued to the date of redemption. Such appl icant shall
5531043 not be entitled to a credit upon such taxes, pe nalties and costs, by
5541044 reason of revenue that might have accrued to the State of Oklahoma
5551045 or other purchaser under sale, prior to such redemption. After the
5561046 expiration of the period of redemption h erein provided, the Tax
5571047 Commission acting for the State of Oklahoma may sell such property
5581048 at public auction, upon giving thirty (30) days ' notice, published
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5591076 in a newspaper of general circulation in the county where such
5601077 property is located, to the highest and best bidder for cash; and
5611078 upon a sale had thereof, or when a redemption is made, the Tax
5621079 Commission, for and on behalf of the State o f Oklahoma, shall issue
5631080 its bill of sale or quit claim deed, as the case may be, to the
5641081 successful bidder or to the re demptioner. Such muniment of title
5651082 shall be executed by th e Tax Commission, and attested by its
5661083 secretary, with the seal of the Tax Commi ssion affixed. The sheriff
5671084 shall be entitled to the same fee for services in executing the
5681085 warrant, as the sheriff wo uld be entitled to receive if he or she
5691086 were executing an execution issued by the court clerk of the county
5701087 upon a judgment of a court of record.
571-
5721088 G. If any sheriff shall refuse or neglect to levy upon and sell
5731089 any real or personal property of any taxpayer as directed by any
5741090 warrant issued by the Tax Commission, o r shall refuse or neglect, on
5751091 demand, to pay over to the Tax Commission, its ag ents or attorneys,
5761092 all monies collected or received under any warrant issued by the Tax
5771093 Commission, at any time after collecting or receiving the same, such
5781094 sheriff or other off icer shall, upon motion of the Tax Commission in
5791095 court, and after thirty (30) d ays' notice thereof, in writing, be
5801096 amerced in the amount for which any such warrant was issued by the
5811097 Tax Commission, together with all penalties and costs and with an
5821098 additional penalty of ten percent (10%) thereon, to and for the use
5831099 of the State of Oklahoma. Every surety of any sheriff or officer
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5841127 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.
5871129 H. The Tax Commission may expen d funds from the Oklahoma Tax
5881130 Commission Fund in the State Treasury to reimburs e the sheriff for
5891131 travel and administrative costs actually and necessarily incurred
5901132 while performing duties required b y this section. Such costs shall
5911133 be assessed against the d elinquent taxpayer, shall be added to the
5921134 amount necessary to satisfy the tax w arrant, and upon collection
5931135 thereof shall be deposited in the Oklahoma Tax Commission Fund.
594-
5951136 I. A tax warrant issued a nd filed under authority of this
5961137 section shall:
597-
5981138 1. Constitute and be evidence and notice of the state 's lien
5991139 upon real property; and
600-
6011140 2. Not be subject to the provisions of any dormancy statute
6021141 which would limit the enforceability, effect or operation of the
6031142 lien, except as otherwise provided in this section.
604-
6051143 J. After July 1, 1993, the Tax Commission shall not issue any
6061144 certificates of indebtedness pursuant to the provisions of Section
6071145 230 of this title.
608-
6091146 K. When a tax warrant has been issued and filed as provided in
6101147 this section, the Tax Commission shall have al l of the remedies and
6111148 may take all of the proceedings thereon for the collectio n thereof
6121149 which may be had or taken upon a judgment of the district court.
6131150
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6141177 SECTION 6. AMENDATORY 68 O.S. 2021, Section 255.2, is
6151178 amended to read as fol lows:
616-
6171179 Section 255.2 As provided in Section 426 of Title 63 of the
6181180 Oklahoma Statutes, the State Department of Health Oklahoma Medical
6191181 Marijuana Authority and the Oklahoma Tax Commission shall enter into
6201182 a contract whereby the Tax Commission shall have authority to
6211183 assess, collect and enforce the seven percent (7%) tax on retail
6221184 medical marijuana sales and any penalties and interest thereon.
6231185 Such assessment, collection and enforcement authority shal l apply to
6241186 any tax and any penalty or interest liability on retail medical
6251187 marijuana sales existing at the time of contracting. The contract
6261188 shall provide for the a ssessment, collection and enforcement of the
6271189 tax on retail medical marijuana sales in the s ame manner as the
6281190 administration, collection and enforcement of any tax payable by any
6291191 taxpayer subject to taxation under any state tax law. For providing
630-such collection assistance, the Tax Commission shall charge the ENR. H. B. NO. 2289 Page 15
1192+such collection assistance, the Tax Commission shall charge the
6311193 State Department of Health Oklahoma Medical Marijuana Authority a
6321194 fee of one and five-tenths percent (1.5%) of the gross collection
6331195 proceeds. All funds retained by the Tax Commission for the
6341196 collection services shall be deposited in the Tax Commission
6351197 Reimbursement Fund in the State Treasur y.
636-
6371198 SECTION 7. AMENDATORY 68 O.S. 2021, Section 1364, is
6381199 amended to read as follows:
639-
6401200 Section 1364. Permits to do busine ss.
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6411227
6421228 A. Every person desiring to engage in a business within this
6431229 state who would be designated as a Group One or Group Three vendor,
6441230 pursuant to Section 1363 of this tit le, shall be required to secure
6451231 from the Oklahoma Tax Commission every three (3) years a written
6461232 permit for a fee of Twenty Dollars ($20.00) prior to engaging in
6471233 such business in this state. Each such person shall file with the
6481234 Tax Commission an applicati on for a permit to engage in or transact
6491235 business in this state, setting forth such in formation as the Tax
6501236 Commission may require. The application shall be signed by the
6511237 owner of the business or r epresentative of the business entity and
6521238 as a natural person, and, in the case of a corporation, as a legally
6531239 constituted officer thereof. To obtain a sales tax permit, an
6541240 individual or sole proprietor must be at least eighteen (18) years
6551241 of age. A parent or legal guardian may apply for a permit on behalf
6561242 of an individual or sole p roprietor who is not at least eighteen
6571243 (18) years of age, provided t he parent or legal guardian will be
6581244 considered the authorized user responsible for remitting state tax.
659-
6601245 B. Upon receipt of an initial application, the Tax Commission
6611246 may issue a probation ary permit effective for six (6) months which
6621247 will automatically re new for an additiona l thirty (30) months unless
6631248 the applicant receives written notification of the refusal of t he
6641249 Commission to renew the permit. If the applicant recei ves a notice
6651250 of refusal, the applicant may request a hearing to show cause why
6661251 the permit should be renewed . Upon receipt of a request for a
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6671279 hearing, the Tax Commission shall set the matter for hea ring and
6681280 give ten (10) days' notice in writing of the time and place of the
6691281 hearing. At the hearing, the applicant shall set forth the
6701282 qualifications of the applica nt for a permit and proof of compliance
6711283 with all state tax laws.
672-
6731284 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 ENR. H. B. NO. 2289 Page 16
1285+of this section shall not be permitted to present the permit to
6751286 obtain a commercial license plate for thei r motor vehicle as
6761287 provided in Section 1133.1 of Title 47 of the Oklahoma Statutes.
677-
6781288 D. Upon verification that the applicant is a Group Three
6791289 vendor, the Tax Commission may require such app licant to furnish a
6801290 surety bond or other security as the Commission may deem necessary
6811291 to secure payment of taxes under this article, prior to issuance of
6821292 a permit for the place of business set forth in the application for
6831293 permit. Provided, the Tax Commis sion is hereby authorized to set
6841294 guidelines, by adoption of regulat ions, for the issuan ce of sales
6851295 tax permits. Pursuant to said guidelines the Tax Commission may
6861296 refuse to issue permits to any Group Three vendors, or any class of
6871297 vendors included in the whole classification of Group Three vendors,
6881298 if the Tax Commission determines that it i s likely this state will
6891299 lose tax revenue due to the difficulty of enforcing this article f or
6901300 any reasons stated in subsection (T) of Section 1354 of this title.
691-
6921301 E. A separate permit for each additional place of business to
6931302 be operated must be obtained from the Tax Commission for a fee of
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6941330 Ten Dollars ($10.00). Such permit shall be good for a p eriod of
6951331 three (3) years. The Tax Commission shall grant and issue to each
6961332 applicant a separate permit for each place of business in this
6971333 state, upon proper application therefor and verification thereof by
6981334 the Tax Commission.
699-
7001335 F. A permit is not assignabl e and shall be valid only for the
7011336 person in whose name it is issued and for th e transaction of
7021337 business at the place designated therein. The per mit shall at all
7031338 times be conspicuously displayed at the place of business for which
7041339 issued in a position where it can be easily seen. The permit shall
7051340 be in addition to all other permits required by the laws of this
7061341 state. Provided, if the location of t he business is chang ed, such
7071342 person shall file with the Tax Commission an application for a
7081343 permit to engage in or transact business at the new location. Upon
7091344 issuance of the permit to the new location of such business, no
7101345 additional permit fee shall be d ue until the expirat ion of the
7111346 permit issued to the previous location of such business.
712-
7131347 G. It shall be unlawfu l for any person coming within the class
7141348 designated as Group One or the class designated as Group Three to
7151349 engage in or transact a business of re selling tangible per sonal
7161350 property or services within this state unless a written permit or
7171351 permits shall have been issued to such person. Any person who
7181352 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,
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7201381 upon conviction, shall be guilty of a misdemeanor punishable by a
7211382 fine of not more than One Thousand Dollars ($1,000.00). Any person
7221383 convicted of a second or subsequent violation hereof shall be guilty
7231384 of a felony and punisha ble by a fine of not more than Five Thousand
7241385 Dollars ($5,000.00) or by a term of imprisonment in the State
7251386 Penitentiary for not more than two (2) years, or both such fin e and
7261387 imprisonment.
727-
7281388 H. Any person operating under a permit as provided in this
7291389 article shall, upon discontinuance of business by sale or otherwise,
7301390 return such permit to the Tax Commission for canc ellation, together
7311391 with a remittance for any unpaid or acc rued taxes. Failure to
7321392 surrender a permit and pay any and all accrued taxes will be
7331393 sufficient cause for t he Tax Commission to refuse to issue a permit
7341394 subsequently to such person to engage in or t ransact any other
7351395 business in this state. In the case of a sale of any busine ss, the
7361396 tax shall be deemed to be due on the sale of the fixtures a nd
7371397 equipment, and the Tax Commission shall not issue a permit to
7381398 continue or conduct the business to the purcha ser until all tax
7391399 claims due the State of Oklahoma have be en settled.
740-
7411400 I. All permits issued under the provisions of this article
7421401 shall expire three (3) years from t he date of issuance at the close
7431402 of business at each place or location of the business with in this
7441403 state. No refund of the fee shall be made if the business is
7451404 terminated prior to the expiration of the permit.
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7461431
7471432 J. Whenever a holder of a permit fails to co mply with any
7481433 provisions of this article, the Tax Commission, after giving ten
7491434 (10) days' notice in writing of the time and place of hearing to
7501435 show cause why the permit should not be revoked, may revoke or
7511436 suspend the permit, the permi t to be renewed upon removal of cause
7521437 or causes of revocation or suspension. However, if a holder of a
7531438 permit becomes delinquent for a period of three (3) months or mor e
7541439 in reporting or paying of any tax due under this article, any duly
7551440 authorized agent of the Tax Commission may remove the permit from
7561441 the taxpayer's premises and it shall be returned or renewed onl y
7571442 upon the filing of proper reports and payment of all tax es due under
7581443 this article.
759-
7601444 K. Permits are not required of persons coming within the
7611445 classification designa ted as Group Two. The Oklahoma Tax Commission
7621446 shall issue a limited permit to Group Five v endors. The permit
7631447 shall be in such form as the Tax Commission may prescribe.
764- ENR. H. B. NO. 2289 Page 18
7651448 L. Nothing in this article shall be construed to allow a permit
7661449 holder to purchase, t ax exempt, anything for resale that the permit
7671450 holder is not regularly in the business of r eselling.
768-
7691451 M. All monies received pursuant to issuance of such permits to
7701452 do business shall be paid to the State Treasurer and placed to the
7711453 credit of the General Re venue Fund of the State Treasury.
772-
7731454 N. Notwithstanding the provisions of Section 205 of this title,
7741455 the Oklahoma Tax Commission is authorized to relea se the following
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7751483 information contained in the Master Sales and Use Tax File to
7761484 vendors:
777-
7781485 1. Permit number;
779-
7801486 2. Name in which permit is issued;
781-
7821487 3. Name of business operation if different from owners hip
7831488 (DBA);
784-
7851489 4. Mailing address;
786-
7871490 5. Business address;
788-
7891491 6. Business class or St andard Industrial Code (SIC); and
790-
7911492 7. Effective date and expiration or cancellation date of
7921493 permit.
793-
7941494 Release of such information shall be limited to tax remitters
7951495 for the express purpose of determining the validity of sales permits
7961496 presented as evidence of purchasers' sales tax resale status under
7971497 this Code.
798-
7991498 The provisions of this subsection shall be strictly interpreted
8001499 and shall not be construed as permitting the disclosure of an y other
8011500 information contained in the records and files of the Tax Commission
8021501 relating to sales tax or to any other taxes.
803-
8041502 This information may be provided on a subscription basis, with
8051503 periodic updates, and sufficient fee charged, not to exceed One
8061504 Hundred Fifty Dollars ($150.00) per year, to offset the
8071505 administrative costs of provi ding the list. All revenue received by
8081506 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
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1534+credit of the Oklahoma Tax Commission Revolving Fund. No liability
8101535 whatsoever, civil or criminal, shall attach to any member o f the Tax
8111536 Commission or any employee thereof for any error or omission in the
8121537 disclosure of information pur suant to this subsection.
813-
8141538 O. If the Tax Commission enters into the Streamlined Sales and
8151539 Use Tax Agreement under Section 1354.18 of this title, the Tax
8161540 Commission is authorized to participate in its online sales and use
8171541 tax registration system and shall n ot require the payment of the
8181542 registration fees or other charges provided in this section f rom a
8191543 vendor who registers within the online system if the vendor has no
8201544 legal requirement to register.
821-
8221545 SECTION 8. AMENDATORY 68 O.S. 2021, Section 1364.2, is
8231546 amended to read as follows:
824-
8251547 Section 1364.2 A. Promoters or organizers of special events
8261548 shall submit an application for a speci al event permit to t he
8271549 Oklahoma Tax Commission at lea st twenty (20) days prior to the
8281550 special event. The application shall be accompanied by a fee of
8291551 Fifty Dollars ($50.00). The application shall include the location
8301552 and dates of the special event, expec ted number of vendor s, and any
8311553 other information that may be required by the Tax Commission . A
8321554 separate permit shall be required for each special event and must be
8331555 prominently displayed. Multiple events held at the same location
8341556 during the calendar year may be included in o ne application.
8351557
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8361584 B. All monies received from such fees shall be paid to the
8371585 State Treasurer and placed to the credit of the General Revenue Fund
8381586 of the State Treasurer.
839-
8401587 C. Promoters or organizers shall provide vendor letters or
8411588 forms to special event vend ors for reporting sales tax collections
8421589 and any other information that may be required by the Tax
8431590 Commission.
844-
8451591 D. Unless otherwise provided in this section, special event
8461592 vendors shall collect sales tax from purchasers of tangible perso nal
8471593 property and services taxable under Section 1350 et seq. of this
8481594 title and shall remit the tax, along with a sales tax report, to the
8491595 promoter or organizer.
850-
8511596 E. Within fifteen (15) days followin g the conclusion of the
8521597 special event, the organizer or pr omoter shall forward all reports
8531598 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 ENR. H. B. NO. 2289 Page 20
1599+report. If not filed on or before the fifteenth day, the tax shall
8551600 be delinquent from such date. Reports timely mailed shall be
8561601 considered timely filed. If a report is not timely filed, interest
8571602 shall be charged from the da te the report should have been filed
8581603 until the report is actually filed.
859-
8601604 F. At least ten (10) days prior to the start o f the special
8611605 event, the organizer or promoter shall submit a lis t of all vendors
8621606 registered to attend the event . Within fifteen (15) days following
8631607 the conclusion of the special event, the organizer or promoter shall
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8641635 also submit a list of vendors at who actually attended each event
8651636 that hold a valid sales tax per mit issued under Section 1364 of this
8661637 title. The Each list shall include the vendor 's name, address,
8671638 telephone number, email address and sales tax permit number taxpayer
8681639 identification number. If a vendor holds an Oklahoma sales tax
8691640 permit issued under Section 1364 of this title, the permit numbers
8701641 shall also be included .
871-
8721642 G. For the purposes of c ompensating the promoter or organizer
8731643 in keeping sales tax records, filing reports and r emitting the tax
8741644 when due, a promoter or organizer shall be allowed a deducti on of
8751645 the tax due as provided in Section 1367.1 of this title.
876-
8771646 H. Promoters and organizers shall only be liable for failure to
8781647 report and remit all taxes that are remitted to the m by special
8791648 event vendors.
880-
8811649 I. H. Promoters or organizers of a special event that is held
8821650 on an annual basis during the same thirty -day period each year may
8831651 request that the Tax Commission limit their responsibilities to the
8841652 following:
885-
8861653 1. Submitting of an a pplication for a special event permit as
8871654 provided in subsection A of this section;
888-
8891655 2. Providing report forms to special event vendors as provided
8901656 in subsection C of this section; and
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8911683
8921684 3. Within fifteen (15) days following the conclusion of the
8931685 special event, submitting a list of special event vendors at each
8941686 event, including the vendor's name, address, and telephone number.
895-
8961687 Such requests may be denied by the Tax Comm ission for reasons
8971688 including, but not limited to, failure by the promoter to comply
898-with the requirements of this section or failure by vendors of the ENR. H. B. NO. 2289 Page 21
1689+with the requirements of this section or failure by vendors of the
8991690 promoter's previous special events to comply with the provisions of
9001691 subsection J I of this section.
901-
9021692 J. I. Special event vendors of special events that are approved
9031693 under subsection I H of this section shall remit the tax along with
9041694 a sales tax report directly to the Ta x Commission within fi fteen
9051695 (15) days following the conclusion of the special event. If not
9061696 filed on or before the fifteenth day, the tax shall be delinquent
9071697 from such date. Reports timel y mailed shall be considered timely
9081698 filed. If a report is not time ly filed, interest sha ll be charged
9091699 from the date the report should have been filed until the report is
9101700 actually filed.
911-
9121701 K. J. As used in this section:
913-
9141702 1. "Promoter" or "organizer" means any person who organizes or
9151703 promotes a special event which results i n the rental, occupati on, or
9161704 use of any structure, lot, tract of land, sample or display case ,
9171705 table, or any other similar items for the exhibition and sale of
9181706 tangible personal property or se rvices taxable under Section 1350 et
9191707 seq. of this title by speci al event vendors;
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9201734
9211735 2. "Special event" means an entertainment, amusement,
9221736 recreation, or marke ting event that occurs at a single location on
9231737 an irregular basis and at which tangible personal pr operty is sold.
9241738 "Special event" shall include, but not be limite d to, gun shows,
9251739 knife shows, craft shows, antique shows, flea markets, carnivals,
9261740 bazaars, art shows, and other merchandise displays or exhibits.
9271741 Special event shall not include any county, district, or state fair
9281742 or public or private school or universit y-sponsored event. Sp ecial
9291743 event shall not include an event sponsored by a city or town that
9301744 includes less than ten special event vendors or any event sponsored
9311745 by a church organization exemp t from federal income tax pursuant to
9321746 Section 501(c)(3) of the I nternal Revenue Code. Special event shall
9331747 not include a registered farmers market which is a designated area
9341748 in which farmers, growers or producers from a defined region gather
9351749 on a regularly scheduled basis to sell at retail nonpotentially
9361750 hazardous farm food products and who le-shell eggs to the public; and
937-
9381751 3. "Special event vendor " means a person making sales of
9391752 tangible personal property or services taxable under Section 1350 et
9401753 seq. of this title at a special event within this state and who is
9411754 not permitted under Section 1 364 of this title.
942- ENR. H. B. NO. 2289 Page 22
9431755 SECTION 9. AMENDATORY 68 O.S. 2021, Sectio n 2373, is
9441756 amended to read as follows:
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9451783
9461784 Section 2373. A. Any claim for refund filed pursua nt to this
9471785 section must be made on a return, in the form prescribed by the
9481786 Oklahoma Tax Commission.
949-
9501787 B. Any claim for refund of an overpayment of any tax imposed by
9511788 Section 2355 of this title must be made within three (3) years from
9521789 the due date of the ret urn, including the period of any extension of
9531790 time for filing a return, or two (2) years from the payment of the
9541791 tax liability, whichever of such periods expires lat er, or if no
9551792 return was filed by the taxpayer, within two (2) years from the time
9561793 the tax was paid.
957-
9581794 C. Except as provided in subsection H of Secti on 2375 of this
9591795 title, no refund shall be allowed or made after the expiration of
9601796 the period of limitation pr escribed in subsection B of this section
9611797 for the filing of a claim for refund, unless a cla im for refund is
9621798 filed by the taxpayer within such perio d. If a claim for ref und is
9631799 filed during the period prescribed in subsection B of this section,
9641800 the amount of the refund, if any, shall not exceed the amount of tax
9651801 paid within the period, immediatel y preceding the filing of the
9661802 claim, equal to three (3) years plus the period of any extension of
9671803 time for filing a return. If the claim was not filed within the
9681804 three (3) year period prescribed in subsection B of this section,
9691805 the refund shall not exceed the portion of the tax paid during the
9701806 two (2) years immediately preceding the filing of the claim.
9711807
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9721834 D. If, upon any revision or adjustment, including overpayment
9731835 or illegal payment on account of income derived from tax -exempt
9741836 Indian land, any refund is found to be due any taxpayer, it shall be
9751837 paid out of the "Income Tax Withholdin g Refund Account", created by
9761838 Section 2385.16 of this title, in the same manner as refu nds are
9771839 paid pursuant to such section. The information filed, reflecting
9781840 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
9811842 title, the amount of the refund shall not exceed the portion of the
9821843 tax paid during the three (3) years immediately preceding the filing
9831844 of the claim, or, if no claim was filed, then during the thr ee (3)
9841845 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
9881848 filed by members of federally recognized I ndian tribes or the United
9891849 States on behalf of its Ind ian wards or former Indian wards, to
9901850 recover taxes illegally co llected from tax-exempt lands. In the
9911851 case of any refund to a member of a federally recogn ized Indian
9921852 tribe or to the United States on beh alf of its Indian wards or
9931853 former Indian wards, to rec over taxes illegally collected on bonus
9941854 payments from oil and g as leases located on tax-exempt Indian lands
9951855 pursuant to this section, the Tax Commission s hall pay interest on
9961856 all refunds issued after Ja nuary 1, 1996, at the rate of six percent
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9971884 (6%) per annum from the date of payment by the taxpayer to the date
9981885 of the refund.
999-
10001886 F. In cases where that the Tax Commission and the taxpayer have
10011887 signed a consent, as provided by law, extending the period during
10021888 which the tax may be assessed, the period during which the taxp ayer
10031889 may file a claim for refund or during which an al lowance for a
10041890 refund may be made shall be automatically extended to the final date
10051891 fixed by such consent plus thirty (30) days.
1006-
10071892 G. The Oklahoma Tax Commission may authorize the use of direct
10081893 deposit in lieu of refund checks for electronically filed income tax
10091894 returns.
1010-
10111895 SECTION 10. AMENDATORY 68 O.S. 2021, Section 2375, i s
10121896 amended to read as follows:
1013-
10141897 Section 2375. A. At the time of transmitting t he return
10151898 required hereunder to the Oklahoma Tax Commission On the original
10161899 due date of the return, not including any extensions, the taxpayer
10171900 shall remit therewith to the Tax C ommission the amount of tax due
10181901 under the applicable pr ovisions of Section 2351 et seq. of this
10191902 title. Failure to pay such tax on or before the date the return is
10201903 due, not including any extensions, shall cause the tax to become
10211904 delinquent. If the return is filed electronically, the amount of
10221905 the tax due pursuant to the provisions of this article shall be due
10231906 on or before the twentieth day of April following the clos e of the
10241907 taxable year regardless of when the return is electronically filed.
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10251935 The tax shall be deemed delinquent if unpaid after the twentieth day
10261936 of April if the return is electronically filed. Provided, if the
10271937 Internal Revenue Code provides for a later due date for returns of
10281938 individuals, the Tax Commission shall accept payments made with
10291939 returns filed by individuals by such date and such payment s shall be
10301940 considered as timely paid.
1031- ENR. H. B. NO. 2289 Page 24
10321941 B. If any tax due under Section 2351 et seq. of this title,
10331942 except a deficiency determined under Section 221 of this title, is
10341943 not paid on or before the date such tax becomes delinquent, a
10351944 penalty of five percent (5%) of the total amount of the tax due
10361945 shall be added thereto, collected and paid. However, the Tax
10371946 Commission shall not collect the penalty assessed if the taxpayer
10381947 remits the tax and interest within sixty (60) days of the mailing of
10391948 a proposed assessment o r voluntarily pays the tax upon the filing of
10401949 an amended return.
1041-
10421950 C. If any part of deficiency, arbitrary or j eopardy assessment
10431951 made by the Tax Commission is based upon or occasioned by the
10441952 refusal of any taxpayer to file with the Tax Commission any retur n
10451953 as required by Sectio n 2351 et seq. of this title, within ten (10)
10461954 days after a written demand for such repo rt or return has been
10471955 served upon any taxpayer by the Tax Commission by registered letter
10481956 with a return receipt attached, the Tax Commission may a ssess and
10491957 collect, as a penalty, twenty-five percent (25%) of the amount of
10501958 the assessment. In the exercise o f the authority granted by
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10511986 subsection C of Section 223 and Section 224 of this title, the T ax
10521987 Commission shall assess the tax as an estimated tax on the basis of
10531988 its own determination of the Oklahoma taxable income of the
10541989 taxpayer, to be adjusted if and wh en Oklahoma taxable income is
10551990 ascertained under the provisions of Section 2351 et seq. of t his
10561991 title.
1057-
10581992 D. If any part of any deficiency was due to negligence or
10591993 intentional disregard, without the intent to defraud, then ten
10601994 percent (10%) of the total amoun t of the deficiency, in addition to
10611995 such deficiency, including interest as authorized by la w, shall be
10621996 added, collected and paid.
1063-
10641997 E. If any part of any deficiency was d ue to fraud with intent
10651998 to evade tax, then fifty percent (50%) of the total amount of t he
10661999 deficiency, in addition to such deficiency, including interest as
10672000 herein provided, shall be added, collected and paid.
1068-
10692001 F. The provisions in th is section for penaltie s shall supersede
10702002 all other provisions for penalties on income taxes. The provisions
10712003 in this section for penalties shall supersede the provisions in the
10722004 Uniform Tax Procedure Co de, Section 201 et seq. of this title, only
10732005 to the extent of conflict between such provisions and the penalty
10742006 provisions in this section.
1075- ENR. H. B. NO. 2289 Page 25
10762007 G. All taxes, penalties an d interest levied under Section 2351
10772008 et seq. of this title must be paid to the Tax Commissi on at Oklahoma
10782009 City, in the form or remittance required by and payable to it.
2010+
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10792036
10802037 H. 1. The period of time prescribed in Section 223 of this
10812038 title, in which the proced ures for the assessment of income tax may
10822039 be commenced by the Tax Commission, shall be toll ed and extended
10832040 until the amount of taxable income for any year of a taxpayer under
10842041 the Internal Revenue Code has been finally determined under
10852042 applicable federal la w and for the additional period of time
10862043 hereinafter provided in this subsection.
1087-
10882044 2. If, in such final determination, the amount of taxable
10892045 income for any year of a taxp ayer under the Internal Revenue Code is
10902046 changed or corrected from the amounts included in the federal return
10912047 of the taxpayer for such year and such change or correction affects
10922048 the Oklahoma taxable income of the taxpayer for such yea r, the
10932049 taxpayer, within one (1) year after such final determination of the
10942050 corrected taxable income, shall fil e an amended return under Section
10952051 2351 et seq. of this title reporting the corrected Oklaho ma taxable
10962052 income, and the Tax Commission shall make as sessment or refund
10972053 within two (2) years from the date the return required by this
10982054 paragraph is filed and not t hereafter, unless a waiver is agreed to
10992055 and signed by the Tax Commission and the taxpayer.
1100-
11012056 3. In the event of failure by a taxpayer to comply wit h the
11022057 provisions of paragraph 2 of this subsection, the statute of
11032058 limitations shall be tolled for a period of time equal to the time
11042059 between the date the amended return under this subsection is
11052060 required until such return is actually furnished.
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11062087
11072088 4. In administering the provision s of this subsection, the Tax
11082089 Commission shall have the authority to audit each and eve ry item of
11092090 income, deduction, credit or any other matter related to the return
11102091 where such items or matters relate to allocation or apportionment
11112092 between the State of Okl ahoma and some other state or the federal
11122093 government even if such items or matters were not affected by
11132094 revisions made in such final determination. Where such items or
11142095 matters do not relate to allocation or apportionment between the
11152096 State of Oklahoma and some other state or the federal government,
11162097 the Tax Commission shall be bound by the re visions made in such
11172098 final determination.
1118-
11192099 5. The provisions of this subsection shall be ef fective on
1120-September 1, 1993, and e xcept in the case of tax years which are th e ENR. H. B. NO. 2289 Page 26
2100+September 1, 1993, and except in the case of tax years which are th e
11212101 subject of closing, settlement or resolution agreements entered into
11222102 by taxpayers and the Tax Commission, keep open all tax years
11232103 beginning after June 30, 1988, and all tax yea rs beginning on or
11242104 before June 30, 1988, for which exte nsions of the statute o f
11252105 limitations have been executed by the taxpayer, but only to the
11262106 extent such extension s remain open on the date of enactment hereof.
1127-
11282107 SECTION 11. AMENDATORY 68 O.S. 2021, Section 2385.3, is
11292108 amended to read as follows:
1130-
11312109 Section 2385.3 A. Every employer required to deduct and
11322110 withhold taxes under Section 2385.2 of thi s title shall pay over the
11332111 amount so withheld as taxes to the Oklahoma Tax Commission pursu ant
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11342139 to the schedule outlined in paragraphs 1 through 3 of this
11352140 subsection, and shall file a quarterly return in such form as the
11362141 Tax Commission shall prescribe on or before the twentieth day of the
11372142 month following the close of each calendar quarter:
1138-
11392143 1. Every employer required to remit federal withholding unde r
11402144 the Federal Semiweekl y Deposit Schedule shall pay over the amount so
11412145 withheld under subsection A of this sec tion on the same dates as
11422146 required under the Federal Semiweekly Deposit Schedule for federa l
11432147 withholding taxes;
1144-
11452148 2. Every employer owing an averag e of Five Hundred Dolla rs
11462149 ($500.00) or more per quarter in taxes in the previous fiscal year
11472150 who is not subject to the provisions of paragraph 1 of this
11482151 subsection shall pay over the amount so withheld on or before the
11492152 twentieth day of each succeeding mont h; and
1150-
11512153 3. Every employer owing an average of less than Five Hundred
11522154 Dollars ($500.00) per quarter in taxes in the previous fiscal year
11532155 shall pay over the amount so withheld on or before the twentieth day
11542156 of the month following the close of each succeeding quarterly
11552157 period.
1156-
11572158 B. Every employer subject to the provisions of paragraph 1 of
11582159 subsection A of this section shall file returns pursuant to the Tax
11592160 Commission's electronic data interchange program.
1160-
11612161 C. Every employer required under Section 2385.2 of this title
11622162 to deduct and withhold a tax from the wages paid an employee shall,
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11632190 as to the total wages paid to each employee during the calendar
11642191 year, furnish to such employee, on or before January 31 of the
1165-succeeding year, a written statement showing the name of the ENR. H. B. NO. 2289 Page 27
2192+succeeding year, a written statement showing the name of the
11662193 employer, the name of the employee and the employee 's Social
11672194 Security account number, if any, the total amount of wages subject
11682195 to taxation, and the total amount deducted and withheld as tax and
11692196 such other information as the Tax Commission may requi re. If an
11702197 employee's employment is terminated before the close of a calendar
11712198 year, the written statement must be furnished within thirty (30)
11722199 days of the date of which the last payment of wages is mad e.
1173-
11742200 D. Every employer required under Section 2385.2 of this title
11752201 to deduct and withhold a tax from the wages paid an employee shall
11762202 furnish to the Oklahoma Tax Comm ission, on or before January 31 of
11772203 the succeeding year, an annual reconciliation and such o ther
11782204 information as the Tax Commission may require purs uant to the Tax
11792205 Commission's electronic data interchange program . Failure of an
11802206 employer to provide an annual reconciliation within thirty (30) days
11812207 of the due date may result in a penalty to be impos ed on the
11822208 employer in an amount not to exceed One Thous and Dollars ($1,000).
11832209 The additional penalty may be collected in the same manner as
11842210 provided by law for colle ction of delinquent taxes.
1185-
11862211 E. If the Tax Commission , in any case, has justifiable reason
11872212 to believe that the collection of the tax provided for in Section
2213+
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11882240 2385.2 of this title is in jeopardy, the Tax Commission may require
11892241 the employer to file a return an d pay the tax at any time.
1190-
11912242 F. Any sum or sums withh eld in accordance with the provisions
11922243 of Section 2385.2 of this title shall be deemed to be held in trust
11932244 for the State of Oklahoma, and, as trustee, the employer shall have
11942245 a fiduciary duty to the State of Oklahoma in regard to such sums and
11952246 shall be subject to the trust laws of this state.
1196-
11972247 G. If any employer fails to withhold the tax required to be
11982248 withheld by Section 2385.2 of this title and thereafter the income
11992249 tax is paid by the employee, the tax so required to be withheld
12002250 shall not be collected from the employer but such employer shall n ot
12012251 be relieved from the liability for penalties or interest otherwise
12022252 applicable because of such failure to withhold the tax.
1203-
12042253 H. Every person making payments of win nings subject to
12052254 withholding shall, for each monthly period, on or before the
12062255 twentieth day of the month following the payment of such winnings
12072256 pay over to the Tax Commi ssion the amounts so withheld, and shall
12082257 file a return, in a form as prescribed by the Tax Commission.
1209- ENR. H. B. NO. 2289 Page 28
12102258 I. Every person making payments of winnings subject to
12112259 withholding shall furnish to each recipient on or before January 31
12122260 of the succeeding year a writ ten statement in a form as prescribed
12132261 by the Tax Commission. Every person making such reports shall also
12142262 furnish a copy of such report to the Tax Commission in a manner and
12152263 at a time as shall be prescribed by the Tax Commission.
12162264
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12172291 SECTION 12. AMENDATORY 68 O.S. 2021, Section 3131, is
12182292 amended to read as follows:
1219-
12202293 Section 3131. A. Within thirty (30) days after resale of
12212294 property, the county treasurer s hall file in the office of the
12222295 county clerk a return, and retain a copy thereof in the county
12232296 treasurer's office, which shall show or include, as appropriate:
1224-
12252297 1. Each tract or parcel of real estate so sold;
1226-
12272298 2. The date upon which it was resold;
1228-
12292299 3. The name of the purchaser;
1230-
12312300 4. The price paid therefor;
1232-
12332301 5. A copy of the notice of such resale with an affidavit of its
12342302 publication or posting; and
1235-
12362303 6. The complete minu tes of sale, and that the same was
12372304 adjourned from day to day until the sale was completed.
1238-
12392305 Such notice and return shall be presumptive evidence of the
12402306 regularity, legality and validity of all the official acts leading
12412307 up to and constituting such resale. W ithin such thirty (30) days,
12422308 the county treasurer shall execute, acknowledge and deliver to the
12432309 purchaser or the purchaser's assigns, or to the board of county
12442310 commissioners where such property has been bid off in the name o f
12452311 the county, a deed conveying t he real estate thus resold. The
12462312 issuance of such deed shall effect the cancellation and se tting
12472313 aside of all delinquent taxes, assessments, penalties and costs
12482314 previously assessed or existing against the real estate, and of all
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12492342 outstanding individual and county tax sale certificates, and shall
12502343 vest in the grantee an absolute and perfect title i n fee simple to
12512344 the real estate, subject to all claims which the state may have had
12522345 on the real estate for taxes or other liens or en cumbrances;
12532346 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 ENR. H. B. NO. 2289 Page 29
2347+the state and the municipality may have ha d on the real estate for
12552348 taxes or other liens or encumbrances shall be canceled and
12562349 extinguished with respect to any deed conveying t itle to the board
12572350 of county commissioners where such property was bid off in the name
12582351 of the county. Twelve (12) months af ter the deed shall have been
12592352 filed for record in the county clerk's office, no action shall be
12602353 commenced to avoid or set aside the de ed. Provided, that persons
12612354 under legal disability shall have one (1) year after removal of such
12622355 disability within which to redeem the real estate.
1263-
12642356 B. Any number of lots or tracts of land may be included in one
12652357 deed, for which deed the county treasurer sh all collect from the
12662358 purchaser the fees provided for in Section 43 of Title 28 of the
12672359 Oklahoma Statutes. The county treasu rer shall also charge and
12682360 collect from the purchaser at such sale an amount in addition to the
12692361 bid placed on such real estate, suffic ient to pay all expenses
12702362 incurred by the county in preparing, listing and advertising the lot
12712363 or tract purchased by such bi dder, which sums shall be credited and
12722364 paid into the resale property fund hereinafter provided, to be used
12732365 to defray to that extent t he costs of resale.
12742366
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12752393 C. When any tract or lot of land sells for more than the taxes,
12762394 penalties, interest and cost due there on, the excess shall be held
12772395 in a separate fund the county treasurer shall notify the Oklahoma
12782396 Tax Commission within thirty (30) days after the resale, and shall
12792397 include in such notification all information necessary for the
12802398 Oklahoma Tax Commission to dete rmine whether a tax lien exists on
12812399 the subject property.
1282-
12832400 D. Within sixty (60) days of receipt of the n otification
12842401 described in subsection C of this section, the Oklahoma Tax
12852402 Commission shall provide notice to the county treasurer of any
12862403 outstanding tax liabilities, including tax, penalty and interest,
12872404 attached to each tract or lot of land, regardless of whether a tax
12882405 warrant has been filed. Upon timely notice of a li ability from the
12892406 Oklahoma Tax Commission, the county treasurer shall remit to the Tax
12902407 Commission the amount of the outstanding tax liabilities or the
12912408 excess proceeds, whichever is less. Any remaining proceeds shall be
12922409 held in the separate fund for the record owner of such land, as
12932410 shown by the county records as of the date the county resale begins,
12942411 to be withdrawn any time within one (1) year. No assig nment of this
12952412 right to excess proceeds shall be valid which occurs on or after the
12962413 date on which the county resale began. At the end of one (1) year,
12972414 if such money has not been w ithdrawn or collected from the county,
12982415 it shall be credited to the county res ale property fund.
1299- ENR. H. B. NO. 2289 Page 30
13002416 SECTION 13. This act shall become effective July 1, 2023.
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13012443
13022444 SECTION 14. It being immediately necessary for the preservation
13032445 of the public peace, hea lth or safety, an emergency is hereby
13042446 declared to exist, by reason whereof this act shall take effect and
13052447 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