Okla. Stat. tit. 68, § 68-1364.1
This is the official text of Okla. Stat. tit. 68, § 68-1364.1, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Direct payment permits
Official statutory text
A. Every person who qualifies pursuant to subsection B of this
section and desires to directly remit the taxes due under Section
1350 et seq. of this title or Section 1401 et seq. of this title to
the Oklahoma Tax Commission rather than remit such taxes to the
vendor may apply to the Tax Commission for a direct payment permit.
The permit shall be valid for three (3) years. Each such person
shall file with the Tax Commission an application for a direct
payment permit, setting forth such information as the Tax Commission
may require, including but not limited to:
1. An agreement that is signed by the owner of the business or
representative of the business entity and as a natural person, and,
in the case of a corporation, as a legally constituted officer
thereof, that provides that the applicant agrees to:
a. accrue and remit all taxes imposed by Section 1350 et
seq. of this title or Section 1401 et seq. of this
title on the sale or use of all taxable personal
property or services sold to or leased or rented by
Oklahoma Statutes - Title 68. Revenue and Taxation Page 609
the applicant. Provided, no tax shall be due from the
holder of a direct payment permit on tangible personal
property intended solely for use in other states, but
which is stored in Oklahoma pending shipment to such
other states or which is temporarily retained in
Oklahoma for the purpose of fabrication, repair,
testing, alteration, maintenance, or other service,
b. pay such taxes as required by Section 1365 of this
title. Provided, in lieu of monthly reports, persons
qualifying pursuant to paragraph 2 of subsection B of
this section owing an average per month of Five
Hundred Dollars ($500.00) or less may file quarterly
reports and remit taxes due thereunder to the Tax
Commission on or before the twentieth day of the month
following the calendar quarter. If not paid on or
before the twentieth day of such month, the tax shall
be delinquent,
c. waive the discount permitted by Section 1367.1 of this
title on the payment of all taxes remitted directly to
the Tax Commission; and
2. A description of the accounting method by which the
applicant proposes to differentiate between taxable and exempt
transactions.
Upon verification that the applicant is eligible to receive a
direct payment permit, the Tax Commission shall issue a direct
payment permit for the place of business set forth in the
application for the permit. The Tax Commission shall be the sole
judge of the applicant's qualifications and may refuse to issue a
direct payment permit to an applicant. An applicant who has been
denied the issuance of a permit may submit an amended application or
may submit a new application after a reasonable period of time after
the denial of the original application.
B. The following persons shall qualify for a direct payment
permit as provided in subsection A of this section:
1. Every person who makes purchases of Eight Hundred Thousand
Dollars ($800,000.00) or more annually in taxable items for use in
Oklahoma enterprises; or
2. Every person who makes purchases of drugs for the treatment
of human beings, medical appliances, medical devices and other
medical equipment including but not limited to corrective
eyeglasses, contact lenses, hearing aids, prosthetic devices,
durable medical equipment, and mobility-enhancing equipment for
administration or distribution by a practitioner, as defined in
subsection B of Section 1357.6 of this title, who is authorized by
law to administer or distribute such items and the cost of such
items will be reimbursed under the Medicare or Medicaid program.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 610
C. For exempt purchases made by persons that have been issued a
permit under paragraph 2 of subsection B of this section, the Tax
Commission shall accept the following information, maintained
separate from confidential patient records, as an acceptable
the cost of such
items will be reimbursed under the Medicare or Medicaid program.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 610
C. For exempt purchases made by persons that have been issued a
permit under paragraph 2 of subsection B of this section, the Tax
Commission shall accept the following information, maintained
separate from confidential patient records, as an acceptable
accounting method by which the applicant documents the purchase of
items exempt under Section 1357.6 of this title:
1. Patient case number or account number;
2. Type of insurance; and
3. Item description or product number.
D. Persons may only file a claim for refund of sales/use tax
erroneously paid on purchases of items exempted pursuant to Section
1357.6 of this title if the person presented the seller a direct pay
permit issued pursuant to paragraph 2 of subsection B of this
section at the time of purchase of the items for which the refund is
claimed.
section and desires to directly remit the taxes due under Section
1350 et seq. of this title or Section 1401 et seq. of this title to
the Oklahoma Tax Commission rather than remit such taxes to the
vendor may apply to the Tax Commission for a direct payment permit.
The permit shall be valid for three (3) years. Each such person
shall file with the Tax Commission an application for a direct
payment permit, setting forth such information as the Tax Commission
may require, including but not limited to:
1. An agreement that is signed by the owner of the business or
representative of the business entity and as a natural person, and,
in the case of a corporation, as a legally constituted officer
thereof, that provides that the applicant agrees to:
a. accrue and remit all taxes imposed by Section 1350 et
seq. of this title or Section 1401 et seq. of this
title on the sale or use of all taxable personal
property or services sold to or leased or rented by
Oklahoma Statutes - Title 68. Revenue and Taxation Page 609
the applicant. Provided, no tax shall be due from the
holder of a direct payment permit on tangible personal
property intended solely for use in other states, but
which is stored in Oklahoma pending shipment to such
other states or which is temporarily retained in
Oklahoma for the purpose of fabrication, repair,
testing, alteration, maintenance, or other service,
b. pay such taxes as required by Section 1365 of this
title. Provided, in lieu of monthly reports, persons
qualifying pursuant to paragraph 2 of subsection B of
this section owing an average per month of Five
Hundred Dollars ($500.00) or less may file quarterly
reports and remit taxes due thereunder to the Tax
Commission on or before the twentieth day of the month
following the calendar quarter. If not paid on or
before the twentieth day of such month, the tax shall
be delinquent,
c. waive the discount permitted by Section 1367.1 of this
title on the payment of all taxes remitted directly to
the Tax Commission; and
2. A description of the accounting method by which the
applicant proposes to differentiate between taxable and exempt
transactions.
Upon verification that the applicant is eligible to receive a
direct payment permit, the Tax Commission shall issue a direct
payment permit for the place of business set forth in the
application for the permit. The Tax Commission shall be the sole
judge of the applicant's qualifications and may refuse to issue a
direct payment permit to an applicant. An applicant who has been
denied the issuance of a permit may submit an amended application or
may submit a new application after a reasonable period of time after
the denial of the original application.
B. The following persons shall qualify for a direct payment
permit as provided in subsection A of this section:
1. Every person who makes purchases of Eight Hundred Thousand
Dollars ($800,000.00) or more annually in taxable items for use in
Oklahoma enterprises; or
2. Every person who makes purchases of drugs for the treatment
of human beings, medical appliances, medical devices and other
medical equipment including but not limited to corrective
eyeglasses, contact lenses, hearing aids, prosthetic devices,
durable medical equipment, and mobility-enhancing equipment for
administration or distribution by a practitioner, as defined in
subsection B of Section 1357.6 of this title, who is authorized by
law to administer or distribute such items and the cost of such
items will be reimbursed under the Medicare or Medicaid program.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 610
C. For exempt purchases made by persons that have been issued a
permit under paragraph 2 of subsection B of this section, the Tax
Commission shall accept the following information, maintained
separate from confidential patient records, as an acceptable
the cost of such
items will be reimbursed under the Medicare or Medicaid program.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 610
C. For exempt purchases made by persons that have been issued a
permit under paragraph 2 of subsection B of this section, the Tax
Commission shall accept the following information, maintained
separate from confidential patient records, as an acceptable
accounting method by which the applicant documents the purchase of
items exempt under Section 1357.6 of this title:
1. Patient case number or account number;
2. Type of insurance; and
3. Item description or product number.
D. Persons may only file a claim for refund of sales/use tax
erroneously paid on purchases of items exempted pursuant to Section
1357.6 of this title if the person presented the seller a direct pay
permit issued pursuant to paragraph 2 of subsection B of this
section at the time of purchase of the items for which the refund is
claimed.
Status: in_force · Read it on the official government site
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