Okla. Stat. tit. 68, § 68-1391
This is the official text of Okla. Stat. tit. 68, § 68-1391, 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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Definitions
Official statutory text
As used in this act:
1. "Affiliated person" means a person that, with respect to
another person:
a. has a direct or indirect ownership interest of more
than five percent (5%) in the other person, or
b. is related to the other person because a third person,
or group of third persons who are affiliated with each
other as defined in this subsection, holds a direct or
Oklahoma Statutes - Title 68. Revenue and Taxation Page 645
indirect ownership interest of more than five percent
(5%) in the related person;
2. "Forum" means a place where sales at retail occur, whether
physical or electronic. The term includes a store, a booth, a
publicly accessible Internet website, a catalog, or similar place;
3. "Marketplace facilitator" means a person that facilitates
the sale at retail of a marketplace seller's product. For purposes
of this section, a person facilitates a sale at retail if the person
or an affiliated person:
a. lists or advertises products for sale at retail in any
forum, and
b. either directly or indirectly through agreements or
arrangements with third parties, collects the payment
from the purchaser and transmits the payment to the
person selling the property.
The term includes a person that may also be a vendor;
4. "Marketplace seller" means a person that has an agreement
with a marketplace facilitator pursuant to which the marketplace
facilitator facilitates sales for the person;
5. "Notice and reporting requirements" means the notice
requirements under Section 1393 of this title and the reporting
requirements under Sections 1394 and 1395 of this title;
6. "Product" means tangible personal property, services, or
other transactions taxable under the Oklahoma Sales Tax Code,
Section 1350 et seq. of this title. For purposes of this act, the
term product shall not include any hotel or motel the as-built
construction of which contains more than twelve (12) rooms for
occupancy in the regular course of business conducted by the hotel
or motel;
7. "Referral" means the transfer by a referrer of a potential
purchaser to a person that advertises or lists products for sale on
the referrer's platform;
8. a. "Referrer" means the person, other than a person
engaging in the business of printing or publishing a
newspaper, that, pursuant to an agreement or
arrangement with a marketplace seller or remote
seller, does the following:
(1) agrees to list or advertise for sale at retail
one or more products of the marketplace seller or
remote seller in a physical or electronic medium,
(2) receives consideration from the marketplace
seller or remote seller from the sale offered in
the listing or advertisement,
(3) transfers by telecommunications, Internet link,
or other means, a purchaser to a marketplace
seller, remote seller, or affiliated person to
complete a sale, and
Oklahoma Statutes - Title 68. Revenue and Taxation Page 646
(4) does not collect a receipt from the purchaser for
the sale.
b. The term does not include a person that:
(1) provides Internet advertising services, and
(2) does not provide the marketplace seller's or
remote seller's shipping terms or advertise
whether a marketplace seller or remote seller
collects a sales or use tax.
c. The term includes a person that may also be a vendor;
and
9. "Remote seller" means a person, other than a marketplace
facilitator, a marketplace seller, or a referrer, that does not
maintain a place of business in this state that, through a forum,
sells products at retail, the sale or use of which is subject to the
tax imposed by Section 1354 or 1402 of this title. The term does
not include an employee who in the ordinary scope of employment
renders services to his employer in exchange for wages and salaries.
1. "Affiliated person" means a person that, with respect to
another person:
a. has a direct or indirect ownership interest of more
than five percent (5%) in the other person, or
b. is related to the other person because a third person,
or group of third persons who are affiliated with each
other as defined in this subsection, holds a direct or
Oklahoma Statutes - Title 68. Revenue and Taxation Page 645
indirect ownership interest of more than five percent
(5%) in the related person;
2. "Forum" means a place where sales at retail occur, whether
physical or electronic. The term includes a store, a booth, a
publicly accessible Internet website, a catalog, or similar place;
3. "Marketplace facilitator" means a person that facilitates
the sale at retail of a marketplace seller's product. For purposes
of this section, a person facilitates a sale at retail if the person
or an affiliated person:
a. lists or advertises products for sale at retail in any
forum, and
b. either directly or indirectly through agreements or
arrangements with third parties, collects the payment
from the purchaser and transmits the payment to the
person selling the property.
The term includes a person that may also be a vendor;
4. "Marketplace seller" means a person that has an agreement
with a marketplace facilitator pursuant to which the marketplace
facilitator facilitates sales for the person;
5. "Notice and reporting requirements" means the notice
requirements under Section 1393 of this title and the reporting
requirements under Sections 1394 and 1395 of this title;
6. "Product" means tangible personal property, services, or
other transactions taxable under the Oklahoma Sales Tax Code,
Section 1350 et seq. of this title. For purposes of this act, the
term product shall not include any hotel or motel the as-built
construction of which contains more than twelve (12) rooms for
occupancy in the regular course of business conducted by the hotel
or motel;
7. "Referral" means the transfer by a referrer of a potential
purchaser to a person that advertises or lists products for sale on
the referrer's platform;
8. a. "Referrer" means the person, other than a person
engaging in the business of printing or publishing a
newspaper, that, pursuant to an agreement or
arrangement with a marketplace seller or remote
seller, does the following:
(1) agrees to list or advertise for sale at retail
one or more products of the marketplace seller or
remote seller in a physical or electronic medium,
(2) receives consideration from the marketplace
seller or remote seller from the sale offered in
the listing or advertisement,
(3) transfers by telecommunications, Internet link,
or other means, a purchaser to a marketplace
seller, remote seller, or affiliated person to
complete a sale, and
Oklahoma Statutes - Title 68. Revenue and Taxation Page 646
(4) does not collect a receipt from the purchaser for
the sale.
b. The term does not include a person that:
(1) provides Internet advertising services, and
(2) does not provide the marketplace seller's or
remote seller's shipping terms or advertise
whether a marketplace seller or remote seller
collects a sales or use tax.
c. The term includes a person that may also be a vendor;
and
9. "Remote seller" means a person, other than a marketplace
facilitator, a marketplace seller, or a referrer, that does not
maintain a place of business in this state that, through a forum,
sells products at retail, the sale or use of which is subject to the
tax imposed by Section 1354 or 1402 of this title. The term does
not include an employee who in the ordinary scope of employment
renders services to his employer in exchange for wages and salaries.
Status: in_force · Read it on the official government site
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