Okla. Stat. tit. 68, § 68-2103

registration of vehicles — Credit.

A. 1. Except as otherwise provided in Sections 2101 through

2108 of this title, there shall be levied an excise tax upon the

transfer of legal ownership of any vehicle registered in this state

and upon the use of any vehicle registered in this state and upon

the use of any vehicle registered for the first time in this state.

Except for persons that possess an agricultural exemption pursuant

to Section 1358.1 of this title, the excise tax shall be levied upon

transfers of legal ownership of all-terrain vehicles and motorcycles

used exclusively off roads and highways which occur on or after July

1, 2005, and upon transfers of legal ownership of utility vehicles

used exclusively off roads and highways which occur on or after July

1, 2008. The excise tax for new and used all-terrain vehicles,

utility vehicles and motorcycles used exclusively off roads and

highways shall be levied at four and one-half percent (4 1/2%) of

the actual sales price of each new and used all-terrain vehicle and

motorcycle used exclusively off roads and highways before any

discounts or credits are given for a trade-in. Provided, the

minimum excise tax assessment for such all-terrain vehicles, utility

vehicles and motorcycles used exclusively off roads and highways

shall be Five Dollars ($5.00). The excise tax for new vehicles

shall be levied at three and one-fourth percent (3 1/4%) of the

value of each new vehicle. The excise tax for used vehicles shall

be as follows:

a. from October 1, 2000, until June 30, 2001, Twenty

Dollars ($20.00) on the first One Thousand Dollars

($1,000.00) or less of value of such vehicle, and

three and one-fourth percent (3 1/4%) of the remaining

value of such vehicle,

b. for the year beginning July 1, 2001, and ending June

30, 2002, Twenty Dollars ($20.00) on the first One

Thousand Two Hundred Fifty Dollars ($1,250.00) or less

Oklahoma Statutes - Title 68. Revenue and Taxation Page 717

of value of such vehicle, and three and one-fourth

percent (3 1/4%) of the remaining value of such

vehicle, and

c. for the year beginning July 1, 2002, and all

subsequent years, Twenty Dollars ($20.00) on the first

One Thousand Five Hundred Dollars ($1,500.00) or less

of value of such vehicle, and three and one-fourth

percent (3 1/4%) of the remaining value of such

vehicle.

2. There shall be levied an excise tax of Ten Dollars ($10.00)

for any:

a. truck or truck-tractor registered under the provisions

of subsection A of Section 1133 of Title 47 of the

Oklahoma Statutes, for a laden weight or combined

laden weight of fifty-five thousand (55,000) pounds or

more,

b. trailer or semitrailer registered under subsection C

of Section 1133 of Title 47 of the Oklahoma Statutes,

which is primarily designed to transport cargo over

the highways of this state and generally recognized as

such, and

c. frac tank, as defined by Section 54 of Title 17 of the

Oklahoma Statutes, and registered under subsection C

of Section 1133 of Title 47 of the Oklahoma Statutes.

Except for frac tanks, the excise tax levied pursuant to this

paragraph shall not apply to special mobilized machinery, trailers,

or semitrailers manufactured, modified or remanufactured for the

purpose of providing services other than transporting cargo over the

highways of this state. The excise tax levied pursuant to this

paragraph shall also not apply to pickup trucks, vans, or sport

utility vehicles.

3. The tax levied pursuant to this section shall be due at the

time of the transfer of legal ownership or first registration in

this state of such vehicle; provided, the tax shall not be due at

the time of the issuance of a certificate of title for an all-

terrain vehicle, utility vehicle or motorcycle used exclusively off

roads and highways which is not required to be registered but which

the owner chooses to register pursuant to the provisions of
the

time of the transfer of legal ownership or first registration in

this state of such vehicle; provided, the tax shall not be due at

the time of the issuance of a certificate of title for an all-

terrain vehicle, utility vehicle or motorcycle used exclusively off

roads and highways which is not required to be registered but which

the owner chooses to register pursuant to the provisions of

subsection B of Section 1115.3 of Title 47 of the Oklahoma Statutes,

and shall be collected by Service Oklahoma or an appointed licensed

operator, at the time of the issuance of a certificate of title for

any such vehicle. In the event an excise tax is collected on the

transfer of legal ownership or use of the vehicle during any

calendar year, then an additional excise tax must be collected upon

all subsequent transfers of legal ownership. In computing the motor

vehicle excise tax, the amount collected shall be rounded to the

nearest dollar. The excise tax levied by this section shall be

Oklahoma Statutes - Title 68. Revenue and Taxation Page 718

delinquent from and after the thirtieth day after the legal

ownership or possession of any vehicle is obtained. Any person

failing or refusing to pay the tax as herein provided on or before

date of delinquency shall pay in addition to the tax a penalty of

One Dollar ($1.00) per day for each day of delinquency, but such

penalty shall in no event exceed the amount of the tax. Of each

dollar penalty collected pursuant to this subsection:

a. fifty cents ($0.50) shall be apportioned as provided

in Section 1104 of this title, and

b. fifty cents ($0.50) shall be deposited in the General

Revenue Fund for the fiscal year beginning on July 1,

2011, and for all subsequent fiscal years, shall be

deposited in the State Highway Construction and

Maintenance Fund.

B. The excise tax levied in subsection A of this section and

assessed on all commercial vehicles registered pursuant to Section

1120 of Title 47 of the Oklahoma Statutes and trailers and

semitrailers registered under subsection C of Section 1133 of Title

47 of the Oklahoma Statutes to transport cargo over the highways of

this state shall be in lieu of all sales and use taxes levied

pursuant to the Sales Tax Code or the Use Tax Code. The transfer of

legal ownership of any motor vehicle as used in this section and the

Sales Tax Code and the Use Tax Code shall include the lease, lease

purchase or lease finance agreement involving any truck in excess of

eight thousand (8,000) pounds combined laden weight or any truck-

tractor provided the vehicle is registered in Oklahoma pursuant to

Section 1120 of Title 47 of the Oklahoma Statutes or any frac tank,

trailer, semitrailer or open commercial vehicle registered pursuant

to Section 1133 of Title 47 of the Oklahoma Statutes. The excise

tax levied pursuant to this section shall not be subsequently

collected at the end of the lease period if the lessee acquires

complete legal title of the vehicle.

C. The provisions of this section shall not apply to transfers

made without consideration between:

1. Husband and wife;

2. Parent and child; or

3. An individual and an express trust which that individual or

the spouse, child or parent of that individual has a right to

revoke.

D. 1. There shall be a credit allowed with respect to the

excise tax paid for a new vehicle which is a replacement for:

a. a new original vehicle which is stolen from the

purchaser/registrant within ninety (90) days of the

date of purchase of the original vehicle as certified

by a police report or other documentation as required

by Service Oklahoma, or

Oklahoma Statutes - Title 68. Revenue and Taxation Page 719

b. a defective new original vehicle returned by the

purchaser/registrant to the seller within six (6)

months of the date of purchase of the defective new

original vehicle as certified by the manufacturer.

2. The credit allowed pursuant to paragraph 1 of this
a police report or other documentation as required

by Service Oklahoma, or

Oklahoma Statutes - Title 68. Revenue and Taxation Page 719

b. a defective new original vehicle returned by the

purchaser/registrant to the seller within six (6)

months of the date of purchase of the defective new

original vehicle as certified by the manufacturer.

2. The credit allowed pursuant to paragraph 1 of this

subsection shall be in the amount of the excise tax which was paid

for the new original vehicle and shall be applied to the excise tax

due on the replacement vehicle. In no event shall the credit be

refunded.

E. Despite any other definitions of the terms "new vehicle" and

"used vehicle", to the contrary, contained in any other law, the

term "new vehicle" as used in this section shall also include any

vehicle of the latest manufactured model which is owned or acquired

by a licensed used motor vehicle dealer which has not previously

been registered in this state and upon which the motor vehicle

excise tax as set forth in this section has not been paid. However,

upon the sale or transfer by a licensed used motor vehicle dealer

located in this state of any such vehicle which is the latest

manufactured model, the vehicle shall be considered a used vehicle

for purposes of determining excise tax.

F. The provisions of this section shall not apply to state

government entities.