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40 | | - | [ sales tax - exemptions - firearm and gun safety |
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41 | | - | devices - effective date ] |
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52 | | - | AUTHORS: Add the following House Coa uthor: Blancett, Dollens, |
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53 | | - | Waldron, and Rosecrants |
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54 | | - | |
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55 | | - | AMENDMENT NO. 1. Page 1, Line 9, strike the enacting clause |
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60 | | - | ENGR. H. A. to ENGR. S. B. NO. 50 Page 2 1 |
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85 | | - | Passed the House of Representatives the 29th day of April, 2025. |
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95 | | - | Passed the Senate the ____ day of __________, 2025. |
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101 | | - | Presiding Officer of the Senate |
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103 | | - | ENGR. S. B. NO. 50 Page 1 1 |
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| 33 | + | 1st Session of the 60th Legislature (2025) |
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127 | 34 | | |
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128 | 35 | | ENGROSSED SENATE |
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129 | 36 | | BILL NO. 50 By: Dossett of the Senate |
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130 | 37 | | |
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131 | 38 | | and |
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132 | 39 | | |
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133 | 40 | | Archer and Hefner of the |
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134 | 41 | | House |
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135 | 42 | | |
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136 | 43 | | |
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137 | 44 | | |
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138 | 45 | | [ sales tax - exemptions - firearm and gun safety |
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139 | 46 | | devices - effective date ] |
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140 | 47 | | |
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141 | 48 | | |
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142 | 49 | | |
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143 | 50 | | |
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144 | 51 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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145 | 52 | | SECTION 1. AMENDATORY 68 O.S. 2021, Section 1357, as |
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146 | 53 | | last amended by Section 4, Chapter 363, O.S.L. 2024 (68 O.S. Supp. |
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147 | 54 | | 2024, Section 1357), is am ended to read as follows: |
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148 | 55 | | Section 1357. Exemptions – General. There are hereby |
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149 | 56 | | specifically exempted from the tax levied by the Oklahoma Sales Tax |
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150 | 57 | | Code: |
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151 | 58 | | 1. Transportation of school pupils to and from elementary |
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152 | 59 | | schools or high schools in motor or other vehicles; |
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153 | 60 | | 2. Transportation of persons where the fare of each person does |
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154 | 61 | | not exceed One Dollar ($1.00), or local transportation of persons |
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155 | 62 | | within the corporate limits of a municipality except by taxicabs; |
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186 | 94 | | the Oklahoma Sales Tax Code. This exemption shall not apply to the |
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187 | 95 | | sales of articles made to persons holding permits when such persons |
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188 | 96 | | purchase items for their use and which they are not regularly |
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189 | 97 | | engaged in the business of reselling; neither shall this exemption |
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190 | 98 | | apply to sales of tangible personal property to peddlers, solicitors |
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191 | 99 | | and other salespersons who do not have an established place of |
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192 | 100 | | business and a sales tax permit. The exemption provided by this |
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193 | 101 | | paragraph shall apply to sales of motor fuel or diesel fuel to a |
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194 | 102 | | Group Five vendor, but the use of such motor fuel or diesel fuel by |
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195 | 103 | | the Group Five vendor shall not be exempt from the tax levied by the |
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196 | 104 | | Oklahoma Sales Tax Code. The purchase of motor fuel or diesel fuel |
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197 | 105 | | is exempt from sales tax when the motor fuel is for shipment outside |
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198 | 106 | | this state and consumed by a common carrier by rail in the conduct |
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199 | 107 | | of its business. The sales tax shall apply to the purchase of motor |
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200 | 108 | | fuel or diesel fuel in Oklahoma by a common carrier by rail when |
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201 | 109 | | such motor fuel is purchased for fueling, within this state, of any |
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202 | 110 | | locomotive or other motorized flanged wheel equipment; |
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203 | 111 | | 4. Sales of advertising space in newspapers and periodicals; |
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204 | 112 | | 5. Sales of programs relating to sporting and entertainment |
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205 | 113 | | events, and sales of advertising on billboards (including signage, |
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236 | 145 | | electronic display devices or through public address or broadcast |
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237 | 146 | | systems. The exemption authorized by this paragraph shall be |
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238 | 147 | | effective for all sales made on or after January 1, 2001; |
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239 | 148 | | 6. Sales of any advertising, other than the advertising |
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240 | 149 | | described by paragraph 5 of this section, via the Internet, |
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241 | 150 | | electronic display devices or through the electronic media including |
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242 | 151 | | radio, public address or broadcast systems, television (whether |
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243 | 152 | | through closed circuit broadcasting systems or otherwise), and cable |
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244 | 153 | | and satellite television, and the servicing of any advertising |
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245 | 154 | | devices; |
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246 | 155 | | 7. Eggs, feed, supplies, machinery, and equipment purchased by |
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247 | 156 | | persons regularly engaged in the business of raising worms, fish, |
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248 | 157 | | any insect, or any other form of terrestrial or aquatic animal life |
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249 | 158 | | and used for the purpose of raising same for marketing. This |
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250 | 159 | | exemption shall only be granted and extended to the purchaser when |
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251 | 160 | | the items are to be used and in fact are used in the raising of |
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252 | 161 | | animal life as set out above. Each purchaser shall certify, in |
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253 | 162 | | writing, on the invoice or sales ticket retained by the vendor that |
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254 | 163 | | the purchaser is regularly engaged in the business of raising such |
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255 | 164 | | animal life and that the items purchased will be used only in such |
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286 | 196 | | 8. Sale of natural or artificial gas and electricity, and |
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287 | 197 | | associated delivery or transmi ssion services, when sold exclusively |
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288 | 198 | | for residential use. Provided, this exemption shall not apply to |
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289 | 199 | | any sales tax levied by a city or town, or a county or any other |
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290 | 200 | | jurisdiction in this state; |
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291 | 201 | | 9. In addition to the exemptions authorized by Section 135 7.6 |
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292 | 202 | | of this title, sales of drugs sold pursuant to a prescription |
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293 | 203 | | written for the treatment of human beings by a person licensed to |
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294 | 204 | | prescribe the drugs, and sales of insulin and medical oxygen. |
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295 | 205 | | Provided, this exemption shall not apply to over -the-counter drugs; |
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296 | 206 | | 10. Transfers of title or possession of empty, partially |
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297 | 207 | | filled, or filled returnable oil and chemical drums to any person |
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298 | 208 | | who is not regularly engaged in the business of selling, reselling |
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299 | 209 | | or otherwise transferring empty, partially filled or fille d |
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300 | 210 | | returnable oil drums; |
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301 | 211 | | 11. Sales of one-way utensils, paper napkins, paper cups, |
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302 | 212 | | disposable hot containers, and other one -way carry out materials to |
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303 | 213 | | a vendor of meals or beverages; |
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304 | 214 | | 12. Sales of food or food products for home consumption which |
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305 | 215 | | are purchased in whole or in part with coupons issued pursuant to |
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336 | 247 | | date of any federal law that removes the requirement of the |
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337 | 248 | | exemption as a condition for participation by the state in the |
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338 | 249 | | federal food stamp program; |
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339 | 250 | | 13. Sales of food or food products, or any equipment or |
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340 | 251 | | supplies used in the preparation of the food or food products to or |
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341 | 252 | | by an organization which: |
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342 | 253 | | a. is exempt from taxation pursuant to the provisions of |
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343 | 254 | | Section 501(c)(3) of the Internal Revenue Code of |
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344 | 255 | | 1986, as amended, 26 U.S.C., Section 501(c )(3), and |
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345 | 256 | | which provides and delivers prepared meals for home |
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346 | 257 | | consumption to elderly or homebound persons as part of |
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347 | 258 | | a program commonly known as “Meals on Wheels” or |
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348 | 259 | | “Mobile Meals”, or |
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349 | 260 | | b. is exempt from taxation pursuant to the provisions of |
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350 | 261 | | Section 501(c)(3) of the Internal Revenue Code of |
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351 | 262 | | 1986, as amended, 26 U.S.C., Section 501(c)(3), and |
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352 | 263 | | which receives federal funding pursuant to the Older |
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353 | 264 | | Americans Act of 1965, as amended, for the purpose of |
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354 | 265 | | providing nutrition programs for the care and benefit |
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355 | 266 | | of elderly persons; |
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385 | 297 | | Internal Revenue Code of 1986, as amended, 26 U.S.C., |
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386 | 298 | | Section 501(c)(3), and: |
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387 | 299 | | (1) are primarily involved in the collection and |
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388 | 300 | | distribution of food and other household products |
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389 | 301 | | to other organizations that facilitate the |
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390 | 302 | | distribution of such products to the needy and |
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391 | 303 | | such distributee organizations are exempt from |
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392 | 304 | | taxation pursuant to the provisions of Section |
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393 | 305 | | 501(c)(3) of the Internal Revenue Code of 1986, |
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394 | 306 | | as amended, 26 U.S.C., Section 501(c)(3), or |
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395 | 307 | | (2) facilitate the distribution of such products to |
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396 | 308 | | the needy. |
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397 | 309 | | b. Sales made in the course of business for profit or |
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398 | 310 | | savings, competing w ith other persons engaged in the |
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399 | 311 | | same or similar business shall not be exempt under |
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400 | 312 | | this paragraph; |
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401 | 313 | | 15. Sales of tangible personal property or services to |
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402 | 314 | | children’s homes which are located on church -owned property and are |
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403 | 315 | | operated by organizations exempt from taxation pursuant to the |
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404 | 316 | | provisions of the Internal Revenue Code of 1986, as amended, 26 |
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405 | 317 | | U.S.C., Section 501(c)(3); |
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435 | 348 | | manufacturing facility. For purposes of this paragraph, “qualified |
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436 | 349 | | aircraft maintenance or manufacturing facility ” means a new or |
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437 | 350 | | expanding facility primarily engaged in aircraft repair, building or |
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438 | 351 | | rebuilding, whether or not on a factory basis, whose total cost of |
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439 | 352 | | construction exceeds the sum of Five Million Dollars ($5,000,000.00) |
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440 | 353 | | and which employs at least two hundred fifty (250) new full-time- |
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441 | 354 | | equivalent employees, as certified by the Oklahoma Emplo yment |
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442 | 355 | | Security Commission, upon completion of the facility. In order to |
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443 | 356 | | qualify for the exemption provided for by this paragraph, the cost |
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444 | 357 | | of the items purchased by the qualified aircraft maintenance or |
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445 | 358 | | manufacturing facility shall equal or exceed the sum of Two Million |
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446 | 359 | | Dollars ($2,000,000.00); |
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447 | 360 | | 17. Sales of tangible personal property consumed or |
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448 | 361 | | incorporated in the construction or expansion of a qualified |
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449 | 362 | | aircraft maintenance or manufacturing facility as defined in |
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450 | 363 | | paragraph 16 of this section. For purpo ses of this paragraph, sales |
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451 | 364 | | made to a contractor or subcontractor that has previously entered |
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452 | 365 | | into a contractual relationship with a qualified aircraft |
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453 | 366 | | maintenance or manufacturing facility for construction or expansion |
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454 | 367 | | of such a facility shall be conside red sales made to a qualified |
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455 | 368 | | aircraft maintenance or manufacturing facility; |
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485 | 399 | | telecommunications service that allows a caller to |
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486 | 400 | | dial a toll-free number without incurring a charge for |
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487 | 401 | | the call. The service is typically marketed under the |
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488 | 402 | | name “800”, “855”, “866”, “877” and “888” toll-free |
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489 | 403 | | calling, and any subsequent numbers designated by the |
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490 | 404 | | Federal Communications Commission, |
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491 | 405 | | b. Interstate interstate and International “900 service” |
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492 | 406 | | international 900 service. “900 service” means an |
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493 | 407 | | inbound toll telecommunications service purchased by a |
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494 | 408 | | subscriber that allows the subscriber ’s customers to |
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495 | 409 | | call in to the subscriber’s prerecorded announcement |
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496 | 410 | | or live service. 900 service does not include the |
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497 | 411 | | charge for: collection services provided by the |
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498 | 412 | | seller of the telecommunications services to the |
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499 | 413 | | subscriber, or service or product sold by the |
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500 | 414 | | subscriber to the subscriber’s customer. The service |
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501 | 415 | | is typically marketed under the name “900” service, |
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502 | 416 | | and any subsequent numbers designated by the Federal |
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503 | 417 | | Communications Commission, |
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504 | 418 | | c. Interstate interstate and International “private |
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505 | 419 | | communications service” international private |
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535 | 450 | | a communications channel or group of channels between |
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536 | 451 | | or among termination points, regardles s of the manner |
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537 | 452 | | in which such channel or channels are connected, and |
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538 | 453 | | includes switching capacity, extension lines, stations |
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539 | 454 | | and any other associated services that are provided in |
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540 | 455 | | connection with the use of such channel or channels, |
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541 | 456 | | d. “Value-added nonvoice data service” value-added |
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542 | 457 | | nonvoice data service . “Value-added nonvoice data |
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543 | 458 | | service” means a service that otherwise meets the |
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544 | 459 | | definition of telecommunications services in which |
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545 | 460 | | computer processing applications are used to act on |
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546 | 461 | | the form, content, code o r protocol of the information |
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547 | 462 | | or data primarily for a purpose other than |
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548 | 463 | | transmission, conveyance, or routing, |
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549 | 464 | | e. Interstate interstate and International international |
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550 | 465 | | telecommunications service which is: |
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551 | 466 | | (1) rendered by a company for private use within it s |
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552 | 467 | | organization, or |
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553 | 468 | | (2) used, allocated or distributed by a company to |
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554 | 469 | | its affiliated group, |
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585 | 501 | | g. Telecommunications telecommunications nonrecurring |
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586 | 502 | | charges including but not limited to the installation, |
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587 | 503 | | connection, change, or initiation of |
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588 | 504 | | telecommunications services which are not associated |
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589 | 505 | | with a retail consumer sale; |
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590 | 506 | | 19. Sales of railroad track spikes manufactured and sold for |
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591 | 507 | | use in this state in the construction or repair of railroad tracks, |
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592 | 508 | | switches, sidings, and turnouts; |
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593 | 509 | | 20. Sales of aircraft and aircraft parts provided such sales |
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594 | 510 | | occur at a qualified aircraft maintenance facil ity. As used in this |
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595 | 511 | | paragraph, “qualified aircraft maintenance facility ” means a |
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596 | 512 | | facility operated by an air common carrier including one or more |
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597 | 513 | | component overhaul support buildings or structures in an area owned, |
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598 | 514 | | leased, or controlled by the air common carrier, at which there were |
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599 | 515 | | employed at least two thousand (2,000) full-time-equivalent |
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600 | 516 | | employees in the preceding year as certified by the Oklahoma |
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601 | 517 | | Employment Security Commission and which is primarily related to the |
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602 | 518 | | fabrication, repair, alteration, mod ification, refurbishing, |
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603 | 519 | | maintenance, building, or rebuilding of commercial aircraft or |
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604 | 520 | | aircraft parts used in air common carriage. For purposes of this |
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635 | 552 | | supplies, equipment, and related tangible personal property and |
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636 | 553 | | services used or consumed in t he repair, remodeling, or maintenance |
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637 | 554 | | of aircraft, aircraft engines or aircraft component parts which |
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638 | 555 | | occur at a qualified aircraft maintenance facility; |
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639 | 556 | | 21. Sales of machinery and equipment purchased and used by |
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640 | 557 | | persons and establishments primarily engag ed in computer services |
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641 | 558 | | and data processing: |
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642 | 559 | | a. as defined under Industry Group Numbers 7372 and 7373 |
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643 | 560 | | of the Standard Industrial Classification (SIC) |
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644 | 561 | | Manual, latest version, which derive at least fifty |
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645 | 562 | | percent (50%) of their annual gross revenues from the |
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646 | 563 | | sale of a product or service to an out -of-state buyer |
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647 | 564 | | or consumer, and |
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648 | 565 | | b. as defined under Industry Group Number 7374 of the SIC |
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649 | 566 | | Manual, latest version, which derive at least eighty |
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650 | 567 | | percent (80%) of their annual gross revenues from the |
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651 | 568 | | sale of a product or service to an out-of-state buyer |
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652 | 569 | | or consumer. |
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653 | 570 | | Eligibility for the exemption set out in this paragraph shall be |
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654 | 571 | | established, subject to review by the Tax Commission, by annually |
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685 | 603 | | all sales to the federal government shall be considered to be to an |
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686 | 604 | | out-of-state buyer or consumer; |
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687 | 605 | | 22. Sales of prosthetic devices to an individual for use by |
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688 | 606 | | such individual. For purposes of this paragraph, “prosthetic |
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689 | 607 | | device” shall have the same meaning as provided in Section 1357.6 of |
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690 | 608 | | this title, but shall not include correc tive eye glasses, contact |
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691 | 609 | | lenses, or hearing aids; |
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692 | 610 | | 23. Sales of tangible personal property or services to a motion |
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693 | 611 | | picture or television production company to be used or consumed in |
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694 | 612 | | connection with an eligible production. For purposes of this |
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695 | 613 | | paragraph, “eligible production” means a documentary, special, music |
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696 | 614 | | video or a television commercial or television program that will |
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697 | 615 | | serve as a pilot for or be a segment of an ongoing dramatic or |
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698 | 616 | | situation comedy series filmed or taped for network or national or |
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699 | 617 | | regional syndication or a feature -length motion picture intended for |
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700 | 618 | | theatrical release or for network or national or regional |
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701 | 619 | | syndication or broadcast. The provisions of this paragraph shall |
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702 | 620 | | apply to sales occurring on or after July 1, 1996. In order to |
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703 | 621 | | qualify for the exemption, the motion picture or television |
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704 | 622 | | production company shall file any documentation and information |
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735 | 654 | | 25. Sales of tangible personal property or services to tax - |
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736 | 655 | | exempt independent nonprofit biomedical research foundations that |
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737 | 656 | | provide educational programs for Oklahoma science students and |
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738 | 657 | | teachers and to tax-exempt independent nonprofit community blood |
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739 | 658 | | banks headquartered in this state; |
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740 | 659 | | 26. Effective May 6, 1992, sales of wireless telecommunications |
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741 | 660 | | equipment to a vendor who subsequently transfers the equipment at no |
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742 | 661 | | charge or for a discounted charge t o a consumer as part of a |
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743 | 662 | | promotional package or as an inducement to commence or continue a |
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744 | 663 | | contract for wireless telecommunications services; |
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745 | 664 | | 27. Effective January 1, 1991, leases of rail transportation |
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746 | 665 | | cars to haul coal to coal -fired plants located in t his state which |
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747 | 666 | | generate electric power; |
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748 | 667 | | 28. Beginning July 1, 2005, sales of aircraft engine repairs, |
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749 | 668 | | modification, and replacement parts, sales of aircraft frame repairs |
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750 | 669 | | and modification, aircraft interior modification, and paint, and |
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751 | 670 | | sales of services employed in the repair, modification, and |
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752 | 671 | | replacement of parts of aircraft engines, aircraft frame and |
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753 | 672 | | interior repair and modification, and paint; |
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783 | 703 | | a. are loaded on the ship, motor vessel, or barge and |
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784 | 704 | | used in the maintenance and operation of the ship, |
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785 | 705 | | motor vessel, or barge, or |
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786 | 706 | | b. enter into and become component parts of the ship , |
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787 | 707 | | motor vessel, or barge; |
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788 | 708 | | 30. Sales of tangible personal property made at estate sales at |
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789 | 709 | | which such property is offered for sale on the premises of the |
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790 | 710 | | former residence of the decedent by a person who is not required to |
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791 | 711 | | be licensed pursuant to the Transi ent Merchant Licensing Act, or who |
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792 | 712 | | is not otherwise required to obtain a sales tax permit for the sale |
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793 | 713 | | of such property pursuant to the provisions of Section 1364 of this |
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794 | 714 | | title; provided: |
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795 | 715 | | a. such sale or event may not be held for a period |
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796 | 716 | | exceeding three (3) consecutive days, |
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797 | 717 | | b. the sale must be conducted within six (6) months of |
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798 | 718 | | the date of death of the decedent, and |
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799 | 719 | | c. the exemption allowed by this paragraph shall not be |
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800 | 720 | | allowed for property that was not part of the |
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801 | 721 | | decedent’s estate; |
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802 | 722 | | 31. Beginning Janua ry 1, 2004, sales of electricity and |
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803 | 723 | | associated delivery and transmission services, when sold exclusively |
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833 | 754 | | five-to-one water-to-oil, and such oil and gas development projects |
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834 | 755 | | have been classified by the Corporation Commission as a reservoir |
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835 | 756 | | dewatering unit; |
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836 | 757 | | 32. Sales of prewritten computer software that is deli vered |
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837 | 758 | | electronically. For purposes of this paragraph, “delivered |
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838 | 759 | | electronically” means delivered to the purchaser by means other than |
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839 | 760 | | tangible storage media; |
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840 | 761 | | 33. Sales of modular dwelling units when built at a production |
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841 | 762 | | facility and moved in whole or in parts, to be assembled on -site, |
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842 | 763 | | and permanently affixed to the real property and used for |
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843 | 764 | | residential or commercial purposes. The exemption provided by this |
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844 | 765 | | paragraph shall equal forty -five percent (45%) of the total sales |
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845 | 766 | | price of the modular dwelling u nit. For purposes of this paragraph, |
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846 | 767 | | “modular dwelling unit ” means a structure that is not subject to the |
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847 | 768 | | motor vehicle excise tax imposed pursuant to Section 2103 of this |
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848 | 769 | | title; |
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849 | 770 | | 34. Sales of tangible personal property or services to: |
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850 | 771 | | a. persons who are residents of Oklahoma and have been |
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851 | 772 | | honorably discharged from active service in any branch |
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852 | 773 | | of the Armed Forces of the United States or Oklahoma |
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853 | 774 | | National Guard and who have been certified by the |
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883 | 805 | | shall be permanent and have been sustained through |
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884 | 806 | | military action or accident or resulting from disease |
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885 | 807 | | contracted while in such active service and registered |
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886 | 808 | | with the veterans registry created by the Oklahoma |
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887 | 809 | | Department of Veterans Affairs, or |
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888 | 810 | | b. the surviving spouse of the person in subparagraph a |
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889 | 811 | | of this paragraph if the person is deceased and the |
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890 | 812 | | spouse has not remarried and the surviving spouse of a |
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891 | 813 | | person who is determined by the United States |
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892 | 814 | | Department of Defense or any branch of the United |
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893 | 815 | | States military to have died while in the line of duty |
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894 | 816 | | if the spouse has not remarried. Sales for the |
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895 | 817 | | benefit of an eligible person to a spouse of the |
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896 | 818 | | eligible person or to a member of the household in |
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897 | 819 | | which the eligible person resides and who is |
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898 | 820 | | authorized to make purchases on the person ’s behalf, |
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899 | 821 | | when such eligible person is not present at the sale, |
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900 | 822 | | shall also be exempt for purposes of this paragraph. |
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901 | 823 | | The Oklahoma Tax Commission shall issue a separate |
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902 | 824 | | exemption card to a spouse of an eligible person or to |
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903 | 825 | | a member of the household in which the eligible person |
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933 | 856 | | paragraph shall not exceed Twenty -five Thousand |
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934 | 857 | | Dollars ($25,000.00) per year per individual while the |
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935 | 858 | | disabled veteran is living. Sales qualifying for the |
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936 | 859 | | exemption authorized by this paragraph shall not |
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937 | 860 | | exceed One Thousand Dollars ($1,000.00) per year for |
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938 | 861 | | an unremarried surviving spouse. Upon request of the |
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939 | 862 | | Tax Commission, a person asserting or claiming the |
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940 | 863 | | exemption authorized by this paragraph shall provide a |
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941 | 864 | | statement, executed under oath, that the to tal sales |
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942 | 865 | | amounts for which the exemption is applicable have not |
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943 | 866 | | exceeded Twenty-five Thousand Dollars ($25,000.00) per |
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944 | 867 | | year per living disabled veteran or One Thousand |
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945 | 868 | | Dollars ($1,000.00) per year for an unremarried |
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946 | 869 | | surviving spouse. If the amount of suc h exempt sales |
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947 | 870 | | exceeds such amount, the sales tax in excess of the |
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948 | 871 | | authorized amount shall be treated as a direct sales |
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949 | 872 | | tax liability and may be recovered by the Tax |
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950 | 873 | | Commission in the same manner provided by law for |
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951 | 874 | | other taxes including penalty and intere st. The Tax |
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952 | 875 | | Commission shall promulgate any rules necessary to |
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953 | 876 | | implement the provisions of this paragraph, which |
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983 | 907 | | Department of Veterans Affairs, as authorized in |
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984 | 908 | | Section 205 of this title. For purposes of the |
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985 | 909 | | exemption authorized by this subparagraph, if the |
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986 | 910 | | disability determination that would have been made |
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987 | 911 | | while the disabled veteran was still living is not |
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988 | 912 | | made final until after the death of the disabled |
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989 | 913 | | veteran, the exemption authorized by this subparagraph |
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990 | 914 | | may still be claimed by the surviving spouse; |
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991 | 915 | | 35. Sales of electricity to the operator, specifically |
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992 | 916 | | designated by the Corporation Commission, of a sp acing unit or lease |
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993 | 917 | | from which oil is produced or attempted to be produced using |
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994 | 918 | | enhanced recovery methods including, but not limited to, increased |
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995 | 919 | | pressure in a producing formation through the use of water or |
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996 | 920 | | saltwater if the electrical usage is associate d with and necessary |
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997 | 921 | | for the operation of equipment required to inject or circulate |
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998 | 922 | | fluids in a producing formation for the purpose of forcing oil or |
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999 | 923 | | petroleum into a wellbore for eventual recovery and production from |
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1000 | 924 | | the wellhead. In order to be eligible for the sales tax exemption |
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1001 | 925 | | authorized by this paragraph, the total content of oil recovered |
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1002 | 926 | | after the use of enhanced recovery methods shall not exceed one |
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1003 | 927 | | percent (1%) by volume. The exemption authorized by this paragraph |
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1032 | 957 | | 36. Sales of intrastate charter and tour bus transportation. |
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1033 | 958 | | As used in this paragraph, “intrastate charter and tour bus |
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1034 | 959 | | transportation” means the transportatio n of persons from one |
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1035 | 960 | | location in this state to another location in this state in a motor |
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1036 | 961 | | vehicle which has been constructed in such a manner that it may |
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1037 | 962 | | lawfully carry more than eighteen persons, and which is ordinarily |
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1038 | 963 | | used or rented to carry persons for compensation. Provided, this |
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1039 | 964 | | exemption shall not apply to regularly scheduled bus transportation |
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1040 | 965 | | for the general public; |
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1041 | 966 | | 37. Sales of vitamins, minerals, and dietary supplements by a |
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1042 | 967 | | licensed chiropractor to a person who is the patient of such |
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1043 | 968 | | chiropractor at the physical location where the chiropractor |
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1044 | 969 | | provides chiropractic care or services to such patient. The |
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1045 | 970 | | provisions of this paragraph shall not be applicable to any drug, |
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1046 | 971 | | medicine, or substance for which a prescription by a licensed |
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1047 | 972 | | physician is required; |
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1048 | 973 | | 38. Sales of goods, wares, merchandise, tangible personal |
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1049 | 974 | | property, machinery, and equipment to a web search portal located in |
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1050 | 975 | | this state which derives at least eighty percent (80%) of its annual |
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1051 | 976 | | gross revenue from the sale of a product or service to an out-of- |
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1052 | 977 | | state buyer or consumer. For purposes of this paragraph, “web |
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1053 | 978 | | search portal” means an establishment classified under NAICS North |
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1082 | 1008 | | extensive databases of Internet addresses and content in an easily |
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1083 | 1009 | | searchable format; |
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1084 | 1010 | | 39. Sales of tangible personal property consumed or |
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1085 | 1011 | | incorporated in the construction or expansion of a facility for a |
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1086 | 1012 | | corporation organized under S ection 437 et seq. of Title 18 of the |
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1087 | 1013 | | Oklahoma Statutes as a rural electric cooperative. For purposes of |
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1088 | 1014 | | this paragraph, sales made to a contractor or subcontractor that has |
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1089 | 1015 | | previously entered into a contractual relationship with a rural |
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1090 | 1016 | | electric cooperative for construction or expansion of a facility |
---|
1091 | 1017 | | shall be considered sales made to a rural electric cooperative; |
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1092 | 1018 | | 40. Sales of tangible personal property or services to a |
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1093 | 1019 | | business primarily engaged in the repair of consumer electronic |
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1094 | 1020 | | goods including, but n ot limited to, cell phones, compact disc |
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1095 | 1021 | | players, personal computers, MP3 players, digital devices for the |
---|
1096 | 1022 | | storage and retrieval of information through hard -wired or wireless |
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1097 | 1023 | | computer or Internet connections, if the devices are sold to the |
---|
1098 | 1024 | | business by the original manufacturer of such devices and the |
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1099 | 1025 | | devices are repaired, refitted or refurbished for sale by the entity |
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1100 | 1026 | | qualifying for the exemption authorized by this paragraph directly |
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1101 | 1027 | | to retail consumers or if the devices are sold to another business |
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1102 | 1028 | | entity for sale to retail consumers; |
---|
1132 | 1059 | | engaged in business as a common carrier of property or passengers by |
---|
1133 | 1060 | | railway, for use or consumption by a common carrier directly in the |
---|
1134 | 1061 | | rendition of public service. For purposes of this paragraph, |
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1135 | 1062 | | “rolling stock” means locomotives, autocars, and railroad cars and |
---|
1136 | 1063 | | “sales or leases” includes railroad car maintenance and retrofitting |
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1137 | 1064 | | of railroad cars for their further use only on the railways; |
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1138 | 1065 | | 42. Sales of gold, silver, platinum, palladium or other bullion |
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1139 | 1066 | | items such as coins and bars and legal tender of any nation, which |
---|
1140 | 1067 | | legal tender is sold according to its value as precious metal or as |
---|
1141 | 1068 | | an investment. As used in the paragraph, “bullion” means any |
---|
1142 | 1069 | | precious metal including, but not limited to, gold, silver, |
---|
1143 | 1070 | | platinum, and palladium, that is in such a state or condition that |
---|
1144 | 1071 | | its value depends upon its precious metal content and not its form. |
---|
1145 | 1072 | | The exemption authorized by this paragraph shall not apply to |
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1146 | 1073 | | fabricated metals that have been processed or manufactured for |
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1147 | 1074 | | artistic use or as jewelry; and |
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1148 | 1075 | | 43. Recovery fees on the rental charg e from any item of heavy |
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1149 | 1076 | | equipment property rental as provided for in Section 2 of this act |
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1150 | 1077 | | 2807.11 of this title; and |
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1151 | 1078 | | 44. Sales of firearm safety devices and gun safety devices. As |
---|
1152 | 1079 | | used in this paragraph: |
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1182 | 1110 | | and that is designed to be unlocked only by means of a |
---|
1183 | 1111 | | key, combination, or other similar means, and |
---|
1184 | 1112 | | b. “gun safety device” means any integral de vice to be |
---|
1185 | 1113 | | equipped or installed on a firearm that permits a user |
---|
1186 | 1114 | | to program the firearm to operate only for specified |
---|
1187 | 1115 | | persons designated by the user through computerized |
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1188 | 1116 | | locking devices or other means integral to and |
---|
1189 | 1117 | | permanently part of the firearm . |
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1190 | 1118 | | SECTION 2. This act shall become effective November 1, 2025. |
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