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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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