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§68-1354.1.
§68-1354.1.
It is hereby declared to be the intent of the Oklahoma Legislature
that this act constitutes an amendment to the levy in the Oklahoma
Sales Tax Code, Sections 1350 et seq. of Title 68 of the Oklahoma
Statutes; that this act does not impose a tax in addition to the tax
levied in Section 1354 of Title 68 of the Oklahoma Statutes; and, that
this act constitutes a reenactment for the purpose of clarification of
the sales tax levy.
It is the intent of the Oklahoma Legislature to specifically include
within the sales and use tax levies by this state all sales of
tangible personal property and all storage, use or other consumption
of tangible personal property occurring within this state through the
continuous, regular or systematic solicitation in the Oklahoma
consumer market by out-of-state vendors by advertisement in the
newspapers or radio or television media operating within Oklahoma.
It is the intent of the Oklahoma Legislature to specifically include
within the sales and use tax levies by this state all sales of
tangible personal property and all storage, use or other consumption
of tangible personal property occurring within this state through the
continuous, regular or systematic solicitation in the Oklahoma
consumer market by out-of-state vendors through mail order and catalog
publications.
The Oklahoma Legislature finds that out-of-state vendors regularly,
continuously and systematically engage in retail sales business in the
Oklahoma marketplace by display of products in the homes and
businesses of Oklahoma consumers through advertisement. These retail
sales are made to Oklahoma consumers who reside in Oklahoma, who are
employed in Oklahoma, and, who enjoy the services provided by
Oklahoma. The consumers of these retail sales are escaping the sales
and use tax burdens because the out-of-state vendor does not have an
established place of business in this state, nor an agent solicitor in
this state.
The absence of a place of business or agent in this state does not
diminish the protections afforded the taxpayer consumer by this state.
The consumers of these retail sales escape the sales and use tax
burdens paid by other Oklahoma consumers who buy from local
businesses. The incidence of the sales or use tax in the purchase or
use by the Oklahoma consumer user, even though the burdens of
recordkeeping, reporting, collecting and remitting Oklahoma's sales or
use tax are upon the out-of-state vendor. The vendor is compensated
for this burden by the discount allowed under the applicable tax laws
of this state.
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