SECTION 710:65-1-4. Presumption of taxability  


Latest version.
  • (a)   Sales tax. For the purpose of proper administration of the provisions of the sales and use tax laws, it is presumed that all gross receipts are subject to tax until they are shown to be tax exempt. The burden of proving that a sale of tangible personal property or enumerated service is an exempt sale is upon the vendor.
    (b)   Use tax. For consumer use tax purposes, it is presumed that tangible personal property sold, leased or rented by any person for delivery in this state is sold, leased or rented for storage, use or other consumption in this state. The burden of proving the contrary is on the purchaser. [See: 68 O.S. §1365]
[Source: Amended at 11 Ok Reg 3521, eff 6-26-94]