Okla. Stat. tit. 68, § 68-6003
This is the official text of Okla. Stat. tit. 68, § 68-6003, 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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Exemptions
Official statutory text
The following aircraft shall be exempt from provisions of
Section 6001 et seq. of this title:
1. Aircraft manufactured under an Federal Aviation
Administration-approved certificate and which are owned and in the
physical possession of the manufacturer of the aircraft. The
aircraft shall have an aircraft exemption license as provided for in
Section 254 of Title 3 of the Oklahoma Statutes;
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1521
2. Aircraft owned by dealers and in the dealer’s inventory, not
including aircraft that are used personally or for business. In
order for this exemption to apply, the dealer shall be licensed in
accordance with Section 254.1 of Title 3 of the Oklahoma Statutes;
3. Aircraft of the federal government, any agency thereof, any
territory or possession, any state government, agency, or political
subdivision thereof;
4. Aircraft transferred from one corporation or limited
liability company to another corporation or limited liability
company pursuant to reorganization of the corporation or limited
liability company. For the purpose of this section the term
reorganization means a statutory merger, consolidation, or
acquisition;
5. Aircraft purchased or used by commercial airlines as defined
by paragraph 2 of Section 6001 of this title, provided any such
aircraft does not operate under Part 91 of Title 14 of the Code of
Federal Regulations, 14 C.F.R., Part 91, for more than fifty percent
(50%) of its annual operations. If the operations of such aircraft
are not at least fifty percent (50%) Part 135 charter operations
annually, the excise tax levied pursuant to the provisions of
Section 6002 of this title shall be due and payable. An aircraft
owner shall provide a report to Service Oklahoma on an annual basis
detailing the operations of the aircraft and any supporting flight,
maintenance or charter log books required by Service Oklahoma. For
the purpose of satisfying this requirement, such operations may not
include those chartered by the aircraft owner as an individual or as
a business entity in which the aircraft owner owns a majority
interest;
6. Aircraft transferred in connection with the dissolution or
liquidation of a corporation or limited liability company and only
if included in a payment in kind to the shareholders or members;
7. Aircraft transferred to a corporation for the purpose of
organizing such corporation. However, the former owners of the
aircraft must have control of the corporation in proportion to their
interest in the aircraft prior to the transfer;
8. Aircraft transferred to a partnership or limited liability
company when the organization of the partnership or limited
liability company is by the former owners of the aircraft. However,
the former owners of the aircraft must have control of the
partnership in proportion to their interest in the aircraft prior to
the transfer;
9. Aircraft transferred from a partnership or limited liability
company to the members of the partnership or limited liability
company and if made in payment in kind in the dissolution of the
partnership;
10. Aircraft transferred or conveyed to a partner of a
partnership or shareholder or member of a limited liability company
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1522
or other person who after such sale owns a joint interest in the
aircraft and on which the sales or use tax levied pursuant to the
provisions of this title or the excise tax levied pursuant to the
provisions of Section 6002 of this title have previously been paid
on the aircraft;
11. Aircraft on which a tax levied pursuant to the provisions
of the laws of another state, equal to or in excess of the excise
tax levied by Section 6002 of this title, has been paid by the
person using the aircraft in this state. Aircraft on which a tax
levied pursuant to the laws of another state, in an amount less than
Section 6002 of this title have previously been paid
on the aircraft;
11. Aircraft on which a tax levied pursuant to the provisions
of the laws of another state, equal to or in excess of the excise
tax levied by Section 6002 of this title, has been paid by the
person using the aircraft in this state. Aircraft on which a tax
levied pursuant to the laws of another state, in an amount less than
the excise tax levied by Section 6002 of this title, has been paid
by the person using the aircraft in this state shall be subject to
the levy of the excise tax at a rate equal to the difference between
the rate of tax levied by Section 6002 of this title and the rate of
tax levied by the other state;
12. Aircraft when legal ownership of such aircraft is obtained
by the applicant for a certificate of title by inheritance;
13. Aircraft when legal ownership of such aircraft is obtained
by the lienholder or mortgagee under or by foreclosure of a lien or
mortgage in the manner provided for by law;
14. Aircraft which is transferred between husband and wife or
parent and child where no valuable consideration is given;
15. Aircraft which is purchased by a resident of this state and
used exclusively in this state for agricultural spraying purposes;
provided, if such aircraft is sold, leased or used outside this
state or for a purpose other than agricultural spraying at any time
within three (3) years from the date of purchase, the excise tax
levied pursuant to the provisions of Section 6002 of this title
shall be due and payable. For purposes of this subsection,
“agricultural spraying” means the aerial application of any
substance sold and used for soil enrichment or soil corrective
purposes or for promoting the growth and productivity of plants and
animals;
16. Aircraft which have a selling price in excess of Two
Million Five Hundred Thousand Dollars ($2,500,000.00) and which are
transferred to a purchaser who is not a resident of this state for
immediate transfer out of state;
17. Aircraft which is transferred without consideration between
an individual and an express trust which that individual or the
spouse, child or parent of that individual has a right to revoke;
and
18. Rotary-wing aircraft purchased to be used exclusively for
the purpose of training U.S. military personnel or other training
authorized by the U.S. Government. The exemption provided by this
paragraph shall cease to be effective on January 1, 2018.
Section 6001 et seq. of this title:
1. Aircraft manufactured under an Federal Aviation
Administration-approved certificate and which are owned and in the
physical possession of the manufacturer of the aircraft. The
aircraft shall have an aircraft exemption license as provided for in
Section 254 of Title 3 of the Oklahoma Statutes;
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1521
2. Aircraft owned by dealers and in the dealer’s inventory, not
including aircraft that are used personally or for business. In
order for this exemption to apply, the dealer shall be licensed in
accordance with Section 254.1 of Title 3 of the Oklahoma Statutes;
3. Aircraft of the federal government, any agency thereof, any
territory or possession, any state government, agency, or political
subdivision thereof;
4. Aircraft transferred from one corporation or limited
liability company to another corporation or limited liability
company pursuant to reorganization of the corporation or limited
liability company. For the purpose of this section the term
reorganization means a statutory merger, consolidation, or
acquisition;
5. Aircraft purchased or used by commercial airlines as defined
by paragraph 2 of Section 6001 of this title, provided any such
aircraft does not operate under Part 91 of Title 14 of the Code of
Federal Regulations, 14 C.F.R., Part 91, for more than fifty percent
(50%) of its annual operations. If the operations of such aircraft
are not at least fifty percent (50%) Part 135 charter operations
annually, the excise tax levied pursuant to the provisions of
Section 6002 of this title shall be due and payable. An aircraft
owner shall provide a report to Service Oklahoma on an annual basis
detailing the operations of the aircraft and any supporting flight,
maintenance or charter log books required by Service Oklahoma. For
the purpose of satisfying this requirement, such operations may not
include those chartered by the aircraft owner as an individual or as
a business entity in which the aircraft owner owns a majority
interest;
6. Aircraft transferred in connection with the dissolution or
liquidation of a corporation or limited liability company and only
if included in a payment in kind to the shareholders or members;
7. Aircraft transferred to a corporation for the purpose of
organizing such corporation. However, the former owners of the
aircraft must have control of the corporation in proportion to their
interest in the aircraft prior to the transfer;
8. Aircraft transferred to a partnership or limited liability
company when the organization of the partnership or limited
liability company is by the former owners of the aircraft. However,
the former owners of the aircraft must have control of the
partnership in proportion to their interest in the aircraft prior to
the transfer;
9. Aircraft transferred from a partnership or limited liability
company to the members of the partnership or limited liability
company and if made in payment in kind in the dissolution of the
partnership;
10. Aircraft transferred or conveyed to a partner of a
partnership or shareholder or member of a limited liability company
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1522
or other person who after such sale owns a joint interest in the
aircraft and on which the sales or use tax levied pursuant to the
provisions of this title or the excise tax levied pursuant to the
provisions of Section 6002 of this title have previously been paid
on the aircraft;
11. Aircraft on which a tax levied pursuant to the provisions
of the laws of another state, equal to or in excess of the excise
tax levied by Section 6002 of this title, has been paid by the
person using the aircraft in this state. Aircraft on which a tax
levied pursuant to the laws of another state, in an amount less than
Section 6002 of this title have previously been paid
on the aircraft;
11. Aircraft on which a tax levied pursuant to the provisions
of the laws of another state, equal to or in excess of the excise
tax levied by Section 6002 of this title, has been paid by the
person using the aircraft in this state. Aircraft on which a tax
levied pursuant to the laws of another state, in an amount less than
the excise tax levied by Section 6002 of this title, has been paid
by the person using the aircraft in this state shall be subject to
the levy of the excise tax at a rate equal to the difference between
the rate of tax levied by Section 6002 of this title and the rate of
tax levied by the other state;
12. Aircraft when legal ownership of such aircraft is obtained
by the applicant for a certificate of title by inheritance;
13. Aircraft when legal ownership of such aircraft is obtained
by the lienholder or mortgagee under or by foreclosure of a lien or
mortgage in the manner provided for by law;
14. Aircraft which is transferred between husband and wife or
parent and child where no valuable consideration is given;
15. Aircraft which is purchased by a resident of this state and
used exclusively in this state for agricultural spraying purposes;
provided, if such aircraft is sold, leased or used outside this
state or for a purpose other than agricultural spraying at any time
within three (3) years from the date of purchase, the excise tax
levied pursuant to the provisions of Section 6002 of this title
shall be due and payable. For purposes of this subsection,
“agricultural spraying” means the aerial application of any
substance sold and used for soil enrichment or soil corrective
purposes or for promoting the growth and productivity of plants and
animals;
16. Aircraft which have a selling price in excess of Two
Million Five Hundred Thousand Dollars ($2,500,000.00) and which are
transferred to a purchaser who is not a resident of this state for
immediate transfer out of state;
17. Aircraft which is transferred without consideration between
an individual and an express trust which that individual or the
spouse, child or parent of that individual has a right to revoke;
and
18. Rotary-wing aircraft purchased to be used exclusively for
the purpose of training U.S. military personnel or other training
authorized by the U.S. Government. The exemption provided by this
paragraph shall cease to be effective on January 1, 2018.
Status: in_force · Read it on the official government site
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