Okla. Stat. tit. 68, § 68-1404.4

Sales of tangible personal property consumed or incorporated in

construction or expansion - Use tax refund - Computation of interest

- Taxes paid by contractors - Documentation of claims - Affidavits -

Filing of certification.

A. In order to administer the exemption for sales to a

qualified aircraft maintenance or manufacturing facility as provided

by paragraph 12 of Section 1357 of this title, as applicable to the

use tax imposed by law, there shall be made a use tax refund for

state and local taxes paid by a qualified purchaser for tangible

personal property purchased to be consumed or incorporated in the

construction or expansion of a qualified aircraft maintenance or

manufacturing facility in the state from the account created by this

section.

B. The Oklahoma Tax Commission shall transfer each month from

use tax collected the amount which the Commission estimates to be

necessary to make the use tax refund provided by this section to an

account designated as the Commission determines.

C. Any refund shall be paid from the account prescribed by this

section at the time the claim for refund is approved by the Oklahoma

Tax Commission. The amount of the refund shall not exceed the total

state and local use taxes paid together with accrued interest upon

such total. The amount of interest paid to a qualified aircraft

maintenance or manufacturing facility upon the principal amount of

any refund made to such facility for purposes of administering the

exemption provided by paragraph 12 of Section 1357 of this title,

shall be determined according to the provisions of this subsection.

For any month during which the Oklahoma Tax Commission transfers a

Oklahoma Statutes - Title 68. Revenue and Taxation Page 662

sum to the account prescribed by subsection B of this section, the

Commission shall determine an interest rate by determining the rate

of interest paid for a three-month Treasury Bill of the United

States government as of the first working day of the month in which

the transfer is made. The interest rate so determined shall accrue

upon the amount transferred to the account. In each subsequent

month, the Commission shall determine the interest rate paid for a

three-month Treasury Bill of the United States government as of the

first working day of the month and such interest rate shall accrue

upon any amount transferred during the month and upon the amounts

previously transferred to the account together with interest

previously accrued upon such amounts.

D. For purposes of this section, state and local use taxes paid

by a contractor or subcontractor for tangible personal property

purchased by that contractor or subcontractor to be consumed or

incorporated in the construction of a qualified aircraft maintenance

or manufacturing facility pursuant to a contract with a qualified

facility shall, upon proper showing, be refunded to the qualified

facility.

E. The qualified facility shall file, within thirty-six (36)

months of the date of purchase, with the Oklahoma Tax Commission the

following documentation for any refund claimed:

1. Invoices indicating the amount of state and local use tax

billed;

2. Affidavit of each vendor that state and local use tax billed

has not been audited, rebated, or refunded to the qualified facility

but rather the use tax charged has been collected by the vendor and

remitted to the Oklahoma Tax Commission; and

3. All additional documentation required to be submitted

pursuant to rules promulgated by the Oklahoma Tax Commission.

F. In the event that state and local use tax was paid by a

contractor or subcontractor, the qualified purchaser shall file with

the Oklahoma Tax Commission all documentation required in subsection

E of this section but in lieu of the affidavit of each vendor the

qualified facility shall file, for any refund claimed, an affidavit

from the contractor or subcontractor stating that the use tax refund
n the event that state and local use tax was paid by a

contractor or subcontractor, the qualified purchaser shall file with

the Oklahoma Tax Commission all documentation required in subsection

E of this section but in lieu of the affidavit of each vendor the

qualified facility shall file, for any refund claimed, an affidavit

from the contractor or subcontractor stating that the use tax refund

of the qualified purchaser is based on state and local use tax, paid

by the contractor or subcontractor on tangible personal property

purchased to be consumed or incorporated in the construction of a

qualified aircraft maintenance or manufacturing facility and that

the amount of the state and local use tax claimed was paid to the

vendor and no credit, refund, or rebate has been claimed by the

contractor or subcontractor.

G. Only sales of tangible personal property made after the

effective date of this act shall be eligible for the refund

established by this section.

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H. The qualified facility shall file, within sixty (60) months

of the date of the first purchase, with the Oklahoma Tax Commission,

a certification issued by the Oklahoma Employment Security

Commission in order to qualify for the refund authorized by this

section.