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§3A-617.
§3A-617.
A. In addition to the payment of any other fees and monies due
pursuant to the Oklahoma Professional Boxing Licensing Act and the
rules promulgated by the Oklahoma Professional Boxing Commission, an
assessment in an amount equal to five percent (5%) of the total gross
receipts of any professional boxing contest or professional
exhibition, exclusive of any federal tax or tax imposed by any
political subdivision of this state, shall be hereby levied and shall
be remitted by every promoter and vendor to the Oklahoma Tax
Commission; provided, however, if the promotion originates in
Oklahoma, the promoter and vendor shall only be liable for assessments
on the total gross receipts specified in subsections B and C of this
section and shall not also be liable for the assessments specified in
Section 622 of this title.
B. For the purpose of this section, total gross receipts of every
promoter shall include:
1. The gross price charged by the promoter for the sale, lease, or
other use of broadcasting, including, but not limited to, radio,
television, including cable television, pay-per-view television, and
closed-circuit television, or motion picture rights of boxing
contests, events, or exhibitions conducted within this state, without
any deductions for commissions, brokerage fees, distribution fees,
advertising, or other expenses or charges;
2. The face value of all tickets sold; and
3. Proceeds from a vendor, or the promoter's gross price charged for
the sale of food, alcoholic and nonalcoholic beverages, or
merchandise, including, but not limited to, wearing apparel, souvenirs
and programs.
C. For the purpose of this section, total gross receipts of every
vendor shall include the gross price charged for the sale of food,
alcoholic and nonalcoholic beverages, and merchandise including, but
not limited to, wearing apparel, souvenirs, and programs, excluding
that portion paid to any promoter.
D. Payment of the assessment on gross receipts, excepting for motion
picture rights, shall be due within seventy-two (72) hours after the
holding of the professional boxing contest or professional exhibition
and shall be accompanied by a report in such form as shall be
prescribed by the Oklahoma Tax Commission.
E. The first payment of the assessment on gross income received from
the sale of motion picture rights shall be due at the end of the month
after the date of the sale of the motion picture rights, and further
payments shall be due every thirty (30) days thereafter, during the
presentation of the picture, and shall be accompanied by a gross
receipts report in such form as shall be prescribed by the Oklahoma
Tax Commission.
F. Gross receipts reports signed under oath shall also include:
1. The name of the promoter;
2. The boxing contest or professional exhibition sanctioning permit
number;
3. The promoter's business address and any license or permit number
required of such promoter by law;
4. Gross receipts as specified by this section, during the period
specified by this section; and
5. Such further information as the Oklahoma Tax Commission may require
to enable it to compute correctly and collect the assessment levied
pursuant to this section.
G. In addition to the information required on reports, the Oklahoma
Tax Commission may request, and the promoter shall furnish, any
information deemed necessary for a correct computation of the
assessment levied pursuant to this section.
H. All levies pursuant to this section shall be collected by the
Oklahoma Tax Commission and shall be placed to the credit of the
Professional Boxing Licensing Revolving Fund.
I. The monies collected from the assessment levied pursuant to the
provisions of this section shall be in addition to all other revenues
and funds received by the Oklahoma Professional Boxing Commission.
J. The promoter shall compute and pay to the Oklahoma Tax Commission
the required assessment due. If the payment of the assessment is not
postmarked or delivered to the Oklahoma Tax Commission as specified in
subsection D or E of this section, whichever is appropriate, the
assessment shall be delinquent from such date.
K. It shall be the duty of every promoter required to make a gross
receipts report and pay any assessment pursuant to the provisions of
this section to keep and preserve suitable records and documents which
may be necessary to determine the amount of assessment due as will
substantiate and prove the accuracy of such reports. All such records
shall be preserved for a period of three (3) years, unless the
Oklahoma Tax Commission, in writing, has authorized their destruction
or disposal at an earlier date, and shall be open to examination at
any time by the Oklahoma Tax Commission or by any of its authorized
employees.
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