SECTION 710:95-5-8. Transactions to which the fee is inapplicable

(a)   The Oklahoma Used Tire Recycling Fee is not applicable to sales for resale to holders of valid Oklahoma Sales Tax Permits who are in the business of selling tires. The sale for resale provision will only be valid if the purchaser holds an Oklahoma resale permit and actually resells the tires. The fee applies to tires sold to mechanics or others not holding sales tax permits.

(b)   Pursuant to 27A O.S.§ 2-11-401.2, the Oklahoma Used Tire Recycling Fee is not applicable to the sale of a used tire by a tire dealer on which the used tire fee has previously been paid, provided that the tire dealer can document that the tire carcass was one on which the fee was previously paid when the tire was originally purchased, either as a new tire or as a used tire, or when the vehicle upon which it was mounted was first registered in Oklahoma. This documentation may consist of a copy of the bill of sale, invoice, or other document showing when, where, by whom, and the circumstances under which the fee was collected.

(c)   The Oklahoma Used Tire Recycling Fee is not applicable to the transfer of a tire carcass by a tire owner to a tire recapper, who after completion of the recapping, delivers the recapped tire back to the owner of the tire, since no sale of the tire has been made, but rather, a service has been performed.

(d)   The Oklahoma Used Tire Recycling Fee is not applicable to the sale of a recapped tire by a tire dealer where the fee has previously been paid and the documentation described in (b) of this Section has been obtained.

(e)   No fee shall be assessed by a tire dealer if the customer retains the used agricultural tire for use on a farm or ranch.

[Source: Amended at 10 Ok Reg 3875, eff 7-12-93; Amended at 13 Ok Reg 3147, eff 7-11-96; Amended at 15 Ok Reg 2425, eff 6-11-98; Amended at 20 Ok Reg 2183, eff 6-26-03; Amended at 21 Ok Reg 1147, eff 5-13-04; Amended at 28 Ok Reg 971, eff 6-1-11; Amended at 29 Ok Reg 1478, eff 6-25-12; Amended at 30 Ok Reg 1870, eff 7-11-13; Amended at 34 Ok Reg 2099, eff 9-11-17]