 |
Oklahoma Administrative Code (Last Updated: March 11, 2021) |
 |
TITLE 710. Oklahoma Tax Commission |
|
Chapter 95. Miscellaneous Areas of Regulatory and Administrative Authority |
|
Subchapter 17. Prepaid Wireless Fee |
SECTION 710:95-17-15. Sourcing retail purchases of prepaid wireless telecommunications service
Latest version.
- (1) A retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state.(2) When the retail transaction does not occur at a business location of the seller, the retail transaction is sourced to the location where receipt by the consumer, or the consumer's donee, designated as such by the consumer, occurs, including the location indicated by instructions for delivery to the consumer or donee, known to the seller;(3) When the provisions of paragraph 2 of this subsection do not apply, the sale is sourced to the location indicated by an address for the consumer that is available from the business records of the seller that are maintained in the ordinary course of the seller's business when use of this address does not constitute bad faith;(4) When the provisions of paragraphs (2) and 3 of this subsection do not apply, the sale is sourced to the location indicated by an address for consumer obtained during the consummation of the sale, including the address of a consumer's payment instrument, if no other address is available, when use of this address does not constitute bad faith; and(5) When none of the previous rules of paragraphs (1), (2), (3),and (4) of this subsection apply, including the circumstance in which the seller is without sufficient information to apply the previous rules, then the location will be determined by the address from which the service was provided, disregarding for these purposes any location that merely provided the digital transfer of the product sold. If the seller knows the mobile telephone number, the location will be that which is associated with the mobile telephone number. [63 O.S. § 2865(B)]