Okla. Admin. Code § 710:65-13-338
Current through Vol. 41, No. 19, June 17, 2024
Section 710:65-13-338 - Qualifications for "Older Americans Act" exemption(a)Qualification for the Older Americans Act exemption. Sales tax does not apply to the sale of food or food products, or any equipment or supplies used in the preparation of the food or food products to or by organizations enumerated in 68 O.S. § 1357(13)(b), and which receive federal funding pursuant to the Older Americans Act of 1965, for purposes of providing nutrition programs for the care and benefit of elderly persons.(b)Application process. Application for exemption is made by submitting to the Business Tax Services Division, Oklahoma Tax Commission, Oklahoma City, OK 73194, a completed Form 13-16-A, contained in Packet E, available online at www.tax.ok.gov along with supporting documentation as follows: (1) Letter from the Internal Revenue Service (IRS) recognizing the organization as exempt from federal income taxation pursuant to 26 U.S.C. § 501(c)(3);(2) A written description stating the activities of the organization, as evidenced by copies of: (A) Articles of incorporation;(D) Notarized letter from the President or Chairman of the organization; and,(3) Copy of notification letter approving the organization for funding under the Older Americans Act of 1965.(c)Exemption limited to eligible, properly documented transactions. Only sales of food or food products, purchased by the organization, invoiced to the organization, and paid for by funds or check directly from the organization will qualify for the exemption described in this Section.(d)Purchases by contractors. Purchases of taxable personal property or services by a contractor, as defined by 68 O.S. § 1352, are taxable to the contractor. A contractor may not purchase tangible personal property or services to perform contracts with qualifying "Older Americans Act" organizations exempt from sales tax.Okla. Admin. Code § 710:65-13-338
Renumbered from 710:65-13-38 at 22 Ok Reg 1561, eff 6-11-05; Amended at 25 Ok Reg 2070, eff 7-1-08; Amended at 29 Ok Reg 542, eff 5-11-12Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 9/1/2021Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022