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§47-1138.
§47-1138.
A. All intercity motor buses owned or operated by residents or
nonresidents of Oklahoma in interstate commerce or combined interstate
and intrastate commerce as a result of which operation such motor
buses operate both within and without Oklahoma under the authority of
the Interstate Commerce Commission shall be subject to motor vehicle
license and registration taxes on an apportionment basis, commensurate
with the use of Oklahoma highways and time spent within the state. The
Oklahoma Tax Commission shall require the registration in Oklahoma of
that percentage of intercity motor buses operating in interstate
commerce or combined interstate-intrastate commerce, into or through
the state, which the mileage of those intercity buses actually
operated in the state bears to the total mileage all such intercity
motor buses are operated both within and without the state. Such
percentage figure, so determined, shall be the Oklahoma mileage
factor. In computing the Oklahoma license and registration tax on the
number of intercity motor buses, or fraction thereof, which are
allocated to Oklahoma for motor vehicle license and registration tax
purposes, under the foregoing formula, the Tax Commission shall first
compute the amount that the Oklahoma license tax would be if all such
buses were in fact subject to Oklahoma tax, and then apply to said
amount the Oklahoma mileage factor. Provided, however, that if the
foregoing formula or method of allocation in fact results in
apportioning a lesser or greater number of motor buses or amount of
motor vehicle license and registration taxes to Oklahoma than Oklahoma
under all of the facts is fairly entitled to, then a formula that will
fairly apportion such taxes to Oklahoma shall be substituted and used.
B. Said mileage factor shall be initially computed at the beginning by
using the mileage records of operation for the preceding calendar
year, or portion thereof, during which such operations existed. If
there were no operations in Oklahoma during any part of a previous
year, the Tax Commission shall use any other method of allocation
which will fairly estimate said first year's Oklahoma mileage factor.
In apportioning the number of motor buses to be registered and taxed
in Oklahoma, as provided in this act, any fractional part of a motor
bus shall be treated as a whole bus, and shall be registered and
licensed as such. Any such intercity motor bus used in interstate and
combined interstate-intrastate operations on the highways of this
state which, under the mileage factor apportionment plan herein
provided shall not be required to be registered and licensed in
Oklahoma, shall nevertheless be identified as a part of the fleet of
the certificated operating company and the Tax Commission shall adopt
some appropriate method of identification of such motor buses employed
in such operations. The identification of all such vehicles by the Tax
Commission as required herein shall be considered the same as the
registration of said vehicles for purposes of the Vehicle Excise Tax
Act as provided by Section 2101 et seq. of Title 68 of the Oklahoma
Statutes. Nothing contained herein shall be construed to absolve or
relieve any owner of motor buses in Oklahoma of tax liability under
the terms of the Vehicle Excise Tax Act as provided by Section 2101 et
seq. of Title 68 of the Oklahoma Statutes. The substitution from time
to time of one motor bus for another in the fleets of such interstate
and combined interstate-intrastate operators shall not require
registration thereof in Oklahoma so long as the substitution does not
increase the aggregate number of such vehicles employed in such
operations, provided, that all such vehicles substituted for others
shall be immediately reported to and identification issued for same by
the Commission, but if any motor vehicle excise tax shall be due
because of the use of such substituted bus the same shall be promptly
paid upon an identification being issued. If any additional motor
buses are placed in service in such operations in this state
subsequent to the annual computation of the Oklahoma mileage factor
and payment of license taxes based thereon, the same shall be fully
registered and licensed and the license tax paid thereon for the
remainder of the year, together with any motor vehicle excise tax that
is due.
C. At the close of each tax year and on or before February 15 of the
next ensuing tax year, the actual Oklahoma mileage factor for said
previous tax year shall be recomputed, and the actual amount of tax
liability for such previous year shall be determined. Any additional
tax due shall be paid immediately and shall be credited to the past
year's collections. If it is determined that the tax for said previous
year has been overpaid, credit shall be given for the amount of the
overpayment upon the tax determined by initial computation to be due
for the current year, or, in the case of discontinuance of operations
in Oklahoma, the amount of the overpayment shall be refunded.
D. The provisions of this section shall not apply to tour bus
operations issued permits pursuant to Section 1171 of this title.
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