Okla. Admin. Code § 710:65-13-190

Current through Vol. 41, No. 19, June 17, 2024

Section 710:65-13-190 - Newspapers and periodicals; taxable and exempt transactions

(a) Sales of newspapers and periodicals are exempt from sales and use tax, regardless of whether purchased by single copy or subscription.

(b) The term "newspaper" is not defined by statute. For purposes of this exemption, "newspaper" is defined as: A paper that is printed and distributed daily, weekly, or at some other regular and usually short interval and that generally contains news, articles of opinion (editorials), features, advertising, or other matter regarded as of current interest.

(c) The term "periodical" is also not defined by statute. However, the Supreme Court of Oklahoma has defined "periodical" in the case of Swap and Shop Advertiser v. Oklahoma Tax Commission, 774 P.2d 1058 (Okla. 1989) as follows: Periodical: A magazine or other publication of which the issues appear at stated or regular intervals; usually used of a publication appearing more frequently than annually but infrequently used of a Newspaper.

(d) The test which must be met in order to qualify for exemption as a periodical is that the publication must come out periodically and must be published on more than an annual basis. This periodicity test is met whether the publication is a weekly or a monthly or even a quarterly or semiannual publication.

(e) Other considerations in order of diminishing importance include the following:

(1) Does the publication contain articles and items which have value to the general public rather than to a specialized class of people?

(2) Is the publication one that has the basic format of a magazine, i.e., soft cover, individual pages, indexed articles, etc.?

(3) Can the publication be subscribed to?

(4) Does the publication contain general advertising?

(5) Is the publication commonly accepted as a magazine?

(f) An affirmative response to any of these considerations should tend to indicate the publication in question is a periodical, assuming the initial test of periodic publication, described in subsection (d), is met.

(g) Furthermore, each publication must stand alone. It must not, either singly or, when successive issues are put together, constitute a book such as loose-leaf packets which update a book or pocket parts.

(h) Finally, the sale of microfiche or microfilm which contains newspapers or publications which meet the test for a periodical are not exempt from tax as the sale of newspapers or periodicals under this rule. [See: 68 O.S. § 1354(A) ]

Okla. Admin. Code § 710:65-13-190