Okla. Stat. tit. 17, § 17-327.2
This is the official text of Okla. Stat. tit. 17, § 17-327.2, part of Oklahoma’s Stat. tit. 17, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 17,." Browse the sections below, each linked to its official government source.
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Duty to precollect assessment – Collection report
Official statutory text
A. It shall be the duty of every supplier, licensed importer or
any other appropriate person under this act to precollect and remit
any assessment so precollected pursuant to the provisions of this
act and Section 327.1 of this title and make and submit an
assessment collection report as required by this section.
B. 1. The assessment imposed pursuant to the provision of
Section 327.1 of this title shall be collected and remitted to the
Oklahoma Tax Commission at the same time and in the same manner as
Oklahoma Statutes - Title 17. Corporation Commission Page 245
provided by law for the collection and remission of tax levies upon
the sale of gasoline within this state. The basis for computation
of the amount due shall be one hundred percent (100%) of the net
gallonage reported to the Tax Commission for assessment.
2. Each supplier, licensed importer or other appropriate person
shall make and submit for each calendar month that the assessment is
imposed an itemized and verified assessment collection report
showing:
a. the name of the supplier, licensed importer or other
appropriate person collecting the assessment,
b. the total amount of motor fuel, diesel fuel and
blending materials sold during the preceding month,
c. the total amount of assessments collected by the
supplier, licensed importer or other appropriate
person during the preceding month, and
d. such further information the Tax Commission may
require to enable it to compute correctly and collect
the assessment made pursuant to this act.
The reports shall be filed at the same time and in like manner
as required for gasoline tax reports pursuant to this act.
C. Every supplier, licensed importer or other appropriate
person shall keep and preserve suitable records of the gross sales
of motor fuel, diesel fuel and blending materials, the assessment
collected and such other pertinent records and documents which may
be necessary to determine the amount of assessment due as will
substantiate and prove the accuracy of the reports. All the records
shall be preserved for a period of three (3) years, unless the Tax
Commission, in writing, has authorized their destruction or disposal
at an earlier date. The records shall be open for examination by
employees of the Tax Commission, the Corporation Commission or the
Oklahoma Department of Transportation in the performance of their
duties pursuant to law.
D. Any supplier, licensed importer or other appropriate person
who fails to comply with any provisions of this section shall pay a
penalty imposed by the Tax Commission. Any monies collected for
payment of the penalty shall be deposited in the same manner as the
assessments pursuant to the provisions of subsection B of this
section. The penalty shall be equal to ten percent (10%) of the
gross amount of the assessments received by the supplier, licensed
importer or other appropriate person for the report period that the
supplier, licensed importer or other appropriate person failed to
timely mail the required report or remit any monies collected
pursuant to the provisions of this act.
E. The Tax Commission shall keep a separate accounting of all
the monies received pursuant to this section and together with any
interests and penalties thereon shall deposit such monies monthly as
provided in subsection B of this section.
Oklahoma Statutes - Title 17. Corporation Commission Page 246
any other appropriate person under this act to precollect and remit
any assessment so precollected pursuant to the provisions of this
act and Section 327.1 of this title and make and submit an
assessment collection report as required by this section.
B. 1. The assessment imposed pursuant to the provision of
Section 327.1 of this title shall be collected and remitted to the
Oklahoma Tax Commission at the same time and in the same manner as
Oklahoma Statutes - Title 17. Corporation Commission Page 245
provided by law for the collection and remission of tax levies upon
the sale of gasoline within this state. The basis for computation
of the amount due shall be one hundred percent (100%) of the net
gallonage reported to the Tax Commission for assessment.
2. Each supplier, licensed importer or other appropriate person
shall make and submit for each calendar month that the assessment is
imposed an itemized and verified assessment collection report
showing:
a. the name of the supplier, licensed importer or other
appropriate person collecting the assessment,
b. the total amount of motor fuel, diesel fuel and
blending materials sold during the preceding month,
c. the total amount of assessments collected by the
supplier, licensed importer or other appropriate
person during the preceding month, and
d. such further information the Tax Commission may
require to enable it to compute correctly and collect
the assessment made pursuant to this act.
The reports shall be filed at the same time and in like manner
as required for gasoline tax reports pursuant to this act.
C. Every supplier, licensed importer or other appropriate
person shall keep and preserve suitable records of the gross sales
of motor fuel, diesel fuel and blending materials, the assessment
collected and such other pertinent records and documents which may
be necessary to determine the amount of assessment due as will
substantiate and prove the accuracy of the reports. All the records
shall be preserved for a period of three (3) years, unless the Tax
Commission, in writing, has authorized their destruction or disposal
at an earlier date. The records shall be open for examination by
employees of the Tax Commission, the Corporation Commission or the
Oklahoma Department of Transportation in the performance of their
duties pursuant to law.
D. Any supplier, licensed importer or other appropriate person
who fails to comply with any provisions of this section shall pay a
penalty imposed by the Tax Commission. Any monies collected for
payment of the penalty shall be deposited in the same manner as the
assessments pursuant to the provisions of subsection B of this
section. The penalty shall be equal to ten percent (10%) of the
gross amount of the assessments received by the supplier, licensed
importer or other appropriate person for the report period that the
supplier, licensed importer or other appropriate person failed to
timely mail the required report or remit any monies collected
pursuant to the provisions of this act.
E. The Tax Commission shall keep a separate accounting of all
the monies received pursuant to this section and together with any
interests and penalties thereon shall deposit such monies monthly as
provided in subsection B of this section.
Oklahoma Statutes - Title 17. Corporation Commission Page 246
Status: in_force · Read it on the official government site
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