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§3A-422.
§3A-422.
A. All taxes levied pursuant to the provisions of Section 421 of this
title shall be collected and remitted by the distributor to the
Oklahoma Tax Commission.
B. The distributor shall submit a copy of each invoice from the
manufacturer from which the distributor obtained the charity game
equipment stating the amount and price of each item obtained.
C. The distributor shall submit a copy of each invoice submitted for
payment to a purchaser of charity game equipment.
D. The taxes shall be due and paid monthly, and shall be deemed
delinquent if not paid on or before the last day of the month
following the month during which the items were sold to an
organization.
E. The distributor shall not require a payment of the taxes levied
pursuant to Section 421 of this title from any organization sooner
than the fifteenth day of the month following the month during which
items were sold to the organization. The distributor may require
payment of the tax at the time of purchase from an organization if the
organization does not make timely payments to the distributor as
required by this section.
F. In computing the amount of charity games tax due, the distributor
shall be entitled to a credit against the tax payable in the amount of
tax paid by the distributor that has become uncollectible from an
organization. The credit shall be claimed on the first or second
return following the date on which the distributor was entitled to
collect the tax as provided in this section if the payment remains
unpaid as of the filing date of that return or the credit shall be
disallowed.
G. An organization that fails to pay the tax to a distributor which
has claimed a credit for the uncollectible taxes shall be liable for
the remittance of the tax, interest and penalty due thereon and the
Tax Commission may pursue collection thereof from the organization.
Such a distributor shall be prohibited from making further sales to
such an organization until the organization has paid all taxes due.
Notwithstanding the provisions of Section 205 of Title 68 of the
Oklahoma Statutes, the Tax Commission shall notify the ABLE Commission
of any organization which fails to remit the charity games tax to its
distributor.
H. The Tax Commission shall adopt rules establishing the evidence a
distributor must provide to receive the credit. The claim for credit
shall identify the defaulting organization and any tax liability that
remains unpaid.
I. Charity game equipment taxed pursuant to the provisions of the
Oklahoma Charity Games Act, Section 401 et seq. of this title, shall
be exempt from taxation pursuant to any other law of this state
levying a sales tax, consumers tax, or use tax.
J. A licensed distributor shall be allowed a discount of one percent
(1%) of the taxes due pursuant to the provisions of the Oklahoma
Charity Games Act as remuneration for establishing and maintaining the
records required by the ABLE Commission and the Oklahoma Tax
Commission and for collecting such tax for the benefit of the state,
if such tax is timely reported and remitted; provided, the discount
provided by this section shall be limited to Three Thousand Three
Hundred Dollars ($3,300.00) per reporting period for each licensed
distributor and any amount in excess of Three Thousand Three Hundred
Dollars ($3,300.00) per reporting period for each licensed distributor
shall be retained by the state as an administrative expense and
deposited to the General Revenue Fund. If the tax becomes delinquent,
the licensed distributor forfeits any claim to the remuneration.
K. The Oklahoma Tax Commission shall, by rule, establish a procedure
by which a licensed distributor shall be allowed a credit against
subsequent tax liability for damaged bingo faces, U-PIK-EM bingo game
sets, breakopen ticket games or charity game equipment upon which the
tax required by the Oklahoma Charity Games Act has been paid and by
which the distributor shall reimburse the organization which purchased
such damaged bingo faces, U-PIK-EM bingo game sets, breakopen ticket
games or charity game equipment for the tax paid by such organization.
L. The Oklahoma Tax Commission shall devise only such tax reporting
forms as necessary for tax collection pursuant to the Oklahoma Charity
Games Act and shall promulgate and enforce only such rules as are
necessary to provide for the collection, remitting and verification of
payment of taxes by distributors as required by this section.
M. The Oklahoma Tax Commission shall have the authority to enter the
licensed premises of any licensee to verify compliance with the
taxation provisions of the Oklahoma Charity Games Act.
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