Okla. Stat. tit. 68, § 68-234
This is the official text of Okla. Stat. tit. 68, § 68-234, 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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Lien for unpaid taxes, interest and penalties
Official statutory text
A. All taxes, interest and penalties imposed by the provisions
of Section 201 et seq. of this title, or any state tax law, are
hereby declared to constitute a lien in favor of the state upon all
franchises, property, and rights to property, whether real or
personal, then belonging to or thereafter acquired by the person
owing the tax, whether such property is employed by such person in
the prosecution of business, or is in the hands of an assignee,
trustee or receiver for the benefit of creditors, from the date the
taxes are due and payable under the provisions of the state tax laws
levying such taxes. The lien shall be in addition to any lien
accrued by the filing of a tax warrant or tax certificate as
provided by Sections 230 and 231 of this title. The lien shall be
prior, superior and paramount to all other liens, claims, or
encumbrances on the property of whatsoever kind or character, except
those of any bona fide mortgagee, pledgee, judgment creditor, or
purchaser, whose right shall have attached prior to the date of the
filing and indexing in the office of the county clerk in the county
in which the property is located, of the notice of the lien of the
state under a tax certificate as provided by Section 230 of this
title, or under a tax warrant as provided by Section 231 of this
title, and who have filed or recorded the mortgages and conveyances
in the office of the county clerk of the county in which the
property is located. Such taxes, penalties and interest shall at
all times, constitute a prior, superior and paramount claim as
Oklahoma Statutes - Title 68. Revenue and Taxation Page 115
against the claims of unsecured creditors. The lien of the state
shall continue until the amount of the tax and penalty due and
owing, and interest subsequently accruing thereon, is paid, or,
except as otherwise provided herein, upon the expiration of ten (10)
years after the date of the filing and indexing in the office of the
county clerk in the county in which the property is located, of the
notice of the lien of the state under a tax certificate as provided
by Section 230 of this title, or under a tax warrant as provided by
Section 231 of this title; provided, the Oklahoma Tax Commission
may, prior to the expiration of the ten-year period provided for
herein, refile the notice of the lien with the county clerk. A
notice so refiled shall continue the lien until payment of the tax,
penalty, interest and costs, or upon the expiration of ten (10)
years after the date upon which the notice was refiled. All active
liens evidenced by a notice of lien filed with a county clerk's
office prior to November 1, 1989, shall be released and extinguished
if the notice of lien is not refiled prior to November 1, 2001.
B. In any action affecting the title to real estate or the
ownership or right to possession of personal property, the State of
Oklahoma may be made a party defendant, for the purpose of
determining its lien upon the property involved therein only in
cases where notice of the lien of the state has been filed and
indexed as provided in Sections 230 and 231 of this title. In any
such action, service of summons upon the Oklahoma Tax Commission, by
serving any member thereof, shall be sufficient service and binding
upon the State of Oklahoma. In all such actions or suits, the
complaint or pleading shall include the name and address of the
taxpayer whose liability created the lien and the identifying number
evidencing the lien.
C. In any action affecting the ownership or right of possession
of intangible personal property, such as a settlement or court
judgment, the Tax Commission shall be given notice of such action
for the purpose of determining its lien upon the property involved
therein in cases where notice of the lien of the state has been
filed and indexed as provided in Sections 230 and 231 of this title.
of Section 201 et seq. of this title, or any state tax law, are
hereby declared to constitute a lien in favor of the state upon all
franchises, property, and rights to property, whether real or
personal, then belonging to or thereafter acquired by the person
owing the tax, whether such property is employed by such person in
the prosecution of business, or is in the hands of an assignee,
trustee or receiver for the benefit of creditors, from the date the
taxes are due and payable under the provisions of the state tax laws
levying such taxes. The lien shall be in addition to any lien
accrued by the filing of a tax warrant or tax certificate as
provided by Sections 230 and 231 of this title. The lien shall be
prior, superior and paramount to all other liens, claims, or
encumbrances on the property of whatsoever kind or character, except
those of any bona fide mortgagee, pledgee, judgment creditor, or
purchaser, whose right shall have attached prior to the date of the
filing and indexing in the office of the county clerk in the county
in which the property is located, of the notice of the lien of the
state under a tax certificate as provided by Section 230 of this
title, or under a tax warrant as provided by Section 231 of this
title, and who have filed or recorded the mortgages and conveyances
in the office of the county clerk of the county in which the
property is located. Such taxes, penalties and interest shall at
all times, constitute a prior, superior and paramount claim as
Oklahoma Statutes - Title 68. Revenue and Taxation Page 115
against the claims of unsecured creditors. The lien of the state
shall continue until the amount of the tax and penalty due and
owing, and interest subsequently accruing thereon, is paid, or,
except as otherwise provided herein, upon the expiration of ten (10)
years after the date of the filing and indexing in the office of the
county clerk in the county in which the property is located, of the
notice of the lien of the state under a tax certificate as provided
by Section 230 of this title, or under a tax warrant as provided by
Section 231 of this title; provided, the Oklahoma Tax Commission
may, prior to the expiration of the ten-year period provided for
herein, refile the notice of the lien with the county clerk. A
notice so refiled shall continue the lien until payment of the tax,
penalty, interest and costs, or upon the expiration of ten (10)
years after the date upon which the notice was refiled. All active
liens evidenced by a notice of lien filed with a county clerk's
office prior to November 1, 1989, shall be released and extinguished
if the notice of lien is not refiled prior to November 1, 2001.
B. In any action affecting the title to real estate or the
ownership or right to possession of personal property, the State of
Oklahoma may be made a party defendant, for the purpose of
determining its lien upon the property involved therein only in
cases where notice of the lien of the state has been filed and
indexed as provided in Sections 230 and 231 of this title. In any
such action, service of summons upon the Oklahoma Tax Commission, by
serving any member thereof, shall be sufficient service and binding
upon the State of Oklahoma. In all such actions or suits, the
complaint or pleading shall include the name and address of the
taxpayer whose liability created the lien and the identifying number
evidencing the lien.
C. In any action affecting the ownership or right of possession
of intangible personal property, such as a settlement or court
judgment, the Tax Commission shall be given notice of such action
for the purpose of determining its lien upon the property involved
therein in cases where notice of the lien of the state has been
filed and indexed as provided in Sections 230 and 231 of this title.
Status: in_force · Read it on the official government site
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