STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1505	By:	Schwartz

AS INTRODUCED

An Act relating to revenue and taxation; amending Section 2, Chapter 412, O.S.L. 2010 (68 O.S. Supp. 2010, Section 1406.1), which relates to Internet sales; prohibiting certain tax notification requirement; removing certain rule making contingency; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 2, Chapter 412, O.S.L. 2010 (68 O.S. Supp. 2010, Section 1406.1), is amended to read as follows:
Section 1406.1  A.  Each No retailer or vendor making sales of tangible personal property from a place of business outside this state for use in this state that is not required to collect use tax, shall be required to provide any notification on its retail Internet website or retail catalog and invoices provided to its customers that use tax is imposed and must be paid by the purchaser, unless otherwise exempt, on the storage, use, or other consumption of the tangible personal property in this state.  The notification shall be readily visible.  It is further provided that no No retailer shall advertise on its retail Internet website or retail catalog that there is no tax due on purchases made from the retailer for use in this state.  The provisions of this section, except for notification on invoices, shall apply to online auction websites.  The Oklahoma Tax Commission is hereby authorized and directed to define the term "online auction websites" through the promulgation of a rule.  The rule shall include an exception for websites with sales below a threshold to be set by the Tax Commission.
B.  The provisions of this section shall not be effective as law until an administrative rule, whether an emergency rule or permanent rule or both, has become effective as law pursuant to the Oklahoma Administrative Procedures Act.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-5917	CJB	01/17/11