Oklahoma 2024 Regular Session

Oklahoma House Bill HB2335

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
3/1/23  
Engrossed
3/20/23  
Refer
3/29/23  
Report Pass
4/3/23  
Refer
4/3/23  
Report Pass
4/12/23  
Enrolled
5/15/23  

Caption

Sales tax; Budget Amendments Act; modifying definition of product; effective date.

Impact

If enacted, HB2335 will impact the ways in which products are defined under the Oklahoma sales tax code, potentially broadening the scope of items subject to sales tax. By defining various terms such as 'marketplace facilitator' and 'remote seller,' the bill addresses the growing prevalence of e-commerce and the need for clear guidelines on tax responsibilities for businesses operating in this environment. It addresses both in-state and out-of-state sellers, ensuring they understand their obligations regarding sales in Oklahoma, which may affect their operational costs and pricing strategies going forward.

Summary

House Bill 2335 aims to amend the Oklahoma sales tax code by updating the definitions related to products and sales transactions. The bill specifically modifies the definition of 'product' to include tangible personal property, services, and other taxable transactions, while excluding certain types of accommodations, such as hotels with more than twelve rooms. This change is designed to clarify regulatory definitions, ensure that tax applications fit current market domains, and solidify the tax obligations during sales transactions occurring both online and in physical locations.

Sentiment

The sentiment around HB2335 appears to be generally positive among legislators, as it passed unanimously in the House with 83 votes in favor and none against. Legislators supporting the bill believe that it is a necessary update to adapt the sales tax framework to the realities of modern retail, including the rise of online sales and marketplace facilitators. However, there are concerns from some stakeholders about the implications of broadening the sales tax base and how that may affect both consumers and businesses, particularly small businesses that may struggle to comply with expanded regulations.

Contention

Notable points of contention surrounding HB2335 relate to its exclusion of specific types of accommodations from the sales tax definition and the clarity of new terms introduced in the bill. Some opponents may express apprehension regarding how these changes could lead to increased costs for consumers and the potential administrative burden on businesses trying to navigate new tax obligations. These discussions reflect ongoing debates about the balance between modernization of tax laws and protection of small business interests in a rapidly evolving marketplace.

Companion Bills

OK HB2335

Carry Over Sales tax; Budget Amendments Act; modifying definition of product; effective date.

Similar Bills

CA AB1790

Marketplaces: marketplace sellers.

CA AB1402

Marketplace facilitator: fee collection.

MI SB0930

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5745

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0229

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5746

Sales tax: collections; certain requirements imposed on marketplace facilitators related to tax collections; provide exceptions and waivers. Amends sec. 5c of 1937 PA 94 (MCL 205.95c).

CA SB301

Marketplaces: online marketplaces.

CA SB1312

Marketplace facilitators: passenger vehicle rental companies.