Okla. Stat. tit. 68, § 68-400.1
This is the official text of Okla. Stat. tit. 68, § 68-400.1, 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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Tobacco Products Tax Enforcement Unit
Official statutory text
A. For the purpose of enforcing the tobacco tax laws of this
state, the Oklahoma Tax Commission is authorized, contingent upon
the availability of funds, to establish and maintain a unit to be
known as the "Tobacco Products Tax Enforcement Unit". The unit
shall enforce the tobacco tax laws of this state and ensure that all
taxes are paid on tobacco products by:
1. Confirming that all entities selling tobacco products in
this state are properly licensed as provided in Section 400 et seq.
of Title 68 of the Oklahoma Statutes;
Oklahoma Statutes - Title 68. Revenue and Taxation Page 223
2. Verifying that all retailers are only purchasing tobacco
products from wholesalers licensed by the Tax Commission;
3. Providing a dedicated telephone line and email address for
licensed wholesalers, licensed retailers and the general public to
report suspected violations of tobacco tax laws; provided, no
entity, individual or those who report violations on behalf of a
licensed wholesaler or retailer shall be required to disclose their
identity;
4. Auditing licensed wholesalers and retailers to ensure all
tobacco product taxes are paid;
5. Issuing fines for violations as provided in Section 400 et
seq. of Title 68 of the Oklahoma Statutes;
6. Conducting wholesale and retail tobacco inspections to find
and confiscate untaxed tobacco products;
7. Establishing data-sharing programs with tax departments in
surrounding states related to tobacco product taxes;
8. Creating an industry advisory committee including licensed
wholesalers and retailers who may represent the entity related to
tobacco products tax enforcement concerns and suggestions. The
industry advisory committee shall be composed of five (5) members as
follows:
a. two members who are licensed wholesalers to be
appointed by the Governor,
b. one member who is a licensed retailer to be appointed
by the President Pro Tempore of the Oklahoma Senate,
c. one member who is a licensed retailer to be appointed
by the Speaker of the Oklahoma House of
Representatives, and
d. one member who is a licensed wholesaler to be
appointed by the four members provided for in
subparagraphs a through c of this paragraph.
The committee shall meet quarterly. The Oklahoma Tax Commission
shall promulgate rules establishing minimum requirements as may be
deemed necessary to carry out the purposes of the committee; and
9. Working with law enforcement and conducting investigations
to stop illegal acquisition and shipment of tobacco products by
persons not licensed to sell tobacco products in this state.
B. The Tax Commission shall annually submit a report to the
Governor, President Pro Tempore of the Senate and Speaker of the
House of Representatives listing the number of wholesale and retail
tobacco inspections conducted, the amount of untaxed tobacco
products confiscated, the number of tobacco products tax audits
conducted, the amount of taxes assessed and the amount of taxes
collected as the result of audits and confiscations, the number of
suspected violations reported and the actions taken in response, and
the number of fines issued and the amount of fines collected.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 224
state, the Oklahoma Tax Commission is authorized, contingent upon
the availability of funds, to establish and maintain a unit to be
known as the "Tobacco Products Tax Enforcement Unit". The unit
shall enforce the tobacco tax laws of this state and ensure that all
taxes are paid on tobacco products by:
1. Confirming that all entities selling tobacco products in
this state are properly licensed as provided in Section 400 et seq.
of Title 68 of the Oklahoma Statutes;
Oklahoma Statutes - Title 68. Revenue and Taxation Page 223
2. Verifying that all retailers are only purchasing tobacco
products from wholesalers licensed by the Tax Commission;
3. Providing a dedicated telephone line and email address for
licensed wholesalers, licensed retailers and the general public to
report suspected violations of tobacco tax laws; provided, no
entity, individual or those who report violations on behalf of a
licensed wholesaler or retailer shall be required to disclose their
identity;
4. Auditing licensed wholesalers and retailers to ensure all
tobacco product taxes are paid;
5. Issuing fines for violations as provided in Section 400 et
seq. of Title 68 of the Oklahoma Statutes;
6. Conducting wholesale and retail tobacco inspections to find
and confiscate untaxed tobacco products;
7. Establishing data-sharing programs with tax departments in
surrounding states related to tobacco product taxes;
8. Creating an industry advisory committee including licensed
wholesalers and retailers who may represent the entity related to
tobacco products tax enforcement concerns and suggestions. The
industry advisory committee shall be composed of five (5) members as
follows:
a. two members who are licensed wholesalers to be
appointed by the Governor,
b. one member who is a licensed retailer to be appointed
by the President Pro Tempore of the Oklahoma Senate,
c. one member who is a licensed retailer to be appointed
by the Speaker of the Oklahoma House of
Representatives, and
d. one member who is a licensed wholesaler to be
appointed by the four members provided for in
subparagraphs a through c of this paragraph.
The committee shall meet quarterly. The Oklahoma Tax Commission
shall promulgate rules establishing minimum requirements as may be
deemed necessary to carry out the purposes of the committee; and
9. Working with law enforcement and conducting investigations
to stop illegal acquisition and shipment of tobacco products by
persons not licensed to sell tobacco products in this state.
B. The Tax Commission shall annually submit a report to the
Governor, President Pro Tempore of the Senate and Speaker of the
House of Representatives listing the number of wholesale and retail
tobacco inspections conducted, the amount of untaxed tobacco
products confiscated, the number of tobacco products tax audits
conducted, the amount of taxes assessed and the amount of taxes
collected as the result of audits and confiscations, the number of
suspected violations reported and the actions taken in response, and
the number of fines issued and the amount of fines collected.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 224
Status: in_force · Read it on the official government site
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