SECTION 710:65-19-156. Internet-related services and transactions

(a)   General provisions. Charges for providing access to the Internet are not subject to Oklahoma's sales tax, since they do not clearly fall within the levy on telecommunications services. Sales of other services or tangible personal property made via the Internet are taxable in the same manner that they would be taxable if made via any other communication method.

(b)   Internet-related transactions to which the tax is not applicable. The levy of sales tax does not apply to:

(1)   Charges for access to the Internet, including dialup, DSL, and cable access services that allow a customer to be routed to the net through a service-provider's server or router.

(2)   Charges for designing, creating, or for the storage of information for a "website or home page" on a server, including charges for "set up", "technical fees", "scanning", or domain registration.

(3)   Charges for data manipulation or "electronic data processing services", pursuant to OAC 710:65-19-86.

(4)   Sales of advertising space through the Internet, inasmuch as it falls within the category "electronic media", as defined by OAC 710:65-13-1.

(5)   Sales of prewritten computer software that is delivered electronically. For purposes of this paragraph, "delivered electronically" means delivered to the purchaser by means other than tangible storage media. [See: 68 O.S. § 1357(32)]

(6)   Sales of digital products delivered electronically including music, video, ringtones, and books.

(c)   Internet-related transactions to which the tax is applicable. The transactions described in this subsection are subject to the levy of sales or use tax, without regard to the fact that the Internet was used to facilitate the sale:

(1)   Sales of tangible personal property made via the Internet where the goods are sold to the purchaser in Oklahoma or are shipped into Oklahoma, as set out in OAC 710:65-15-1.

(2)   Sales of prewritten computer software, where the software is not transferred from the seller to the purchaser electronically.

(3)   The lease or purchase of dedicated lines or ports, routers, or other hardware or software by Internet access-providers, for use in providing services to their subscribers, is taxable to the service-provider. Note however, that the purchase of interstate private line service is exempt pursuant to OAC 710:65-19-330.

(d)   Establishment of a physical connection with Oklahoma. The use of an on-line service or the establishment of a website, whether the server on which the website is maintained is located inside or outside Oklahoma, if the website owner has no other physical connection with Oklahoma, is not a sufficient, physical presence in Oklahoma, absent any other connection, to require the website owner to register as a business and to collect Oklahoma sales tax on sales of tangible personal property or services to consumers located in Oklahoma or on sales of goods sold for use in Oklahoma. The duty to collect and procedures to be used in reporting and remitting sales and use taxes which apply to vendors located or "maintaining a place of business" in Oklahoma are set out in OAC 710:65-15-1, 710:65-21-4(b) and in 68 O.S. §§ 1406 et seq. (Use Tax Code).

[Source: Added at 15 Ok Reg 2827, eff 6-25-98; Amended at 18 Ok Reg 2823, eff 6-25-01; Amended at 21 Ok Reg 2581, eff 6-25-04; Amended at 27 Ok Reg 2308, eff 7-11-10]