Section 1401 - DefinitionsThe following words, terms and phrases when used in this article shall have the meanings respectively given to them in this section:
1. The term "person" shall mean and include any individual, company, partnership, joint venture, joint agreement, association (mutual or otherwise), limited liability company, corporation, estate, trust, business trust, receiver, or trustee appointed by the state or federal court, syndicate, this state, any county, city, municipality, or other political subdivision or agency of the state, or group or combination acting as a unit in the plural or singular number; 2. The term "Tax Commission" means the Oklahoma Tax Commission;3. The term "purchase price" applies to the measure subject to the tax levied under Section 1402 of this title and has the same meaning as "gross receipts" or "gross proceeds" or "sales price" as defined in Section 1352 of this title;4. The term "taxpayer" means any person liable to pay a tax hereunder, or charged with the collection and remission thereof, or to make a report for the purpose of claiming any exemptions in payment of any tax levied by this article;5. The term "purchase at retail" means and includes all purchases except purchases made for the purpose of resale;6. The term "sale" means and includes the transfer of either the title or possession for a valuable consideration of tangible personal property, regardless of the manner, method, instrumentality or device by which such transfer is accomplished. The term "sale" also includes the exchange, barter, lease, or rental of tangible personal property where such exchange, barter, lease or rental results in either the transfer of the title or the possession;7. The term "purchase" means and includes any method whereby a transferee receives from a transferor either the title or possession, for a valuable consideration, of tangible personal property, regardless of the manner, method, instrumentality or device by which such transfer is accomplished. The term "purchase" also includes the exchange, barter, lease or rental of tangible personal property where such exchange, barter, lease or rental results in either the transfer of the title or the possession to the transferee;8. The term "use" means and includes the exercise of any right or power over tangible personal property incident to the ownership or possession of that property, except that it shall not include the sale of that property in the regular course of business;9. The term "retailer" means every person engaged in the business of selling tangible personal property for use within the meaning of the article; provided, however, that when in the opinion of the Tax Commission it is necessary for the efficient administration of this article to regard any salesmen, representatives, truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers, or persons under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors, employers, or persons, the Tax Commission may so regard them and may regard the dealers, distributors, supervisors, employers or persons as retailers for purposes of this article; and10. The phrase "maintaining a place of business within the state" shall have the same meaning as provided in Section 1352 of this title.Okla. Stat. tit. 68, § 1401
Amended by Laws 2016 , c. 311, s. 3, eff. 11/1/2016.Laws 1963, HB 986, c. 368, § 2; Renumbered from 68 O.S. Supp. 1963 § 14-1401 by Laws 1965, HB 1033, c. 215, § 2; Amended by Laws 1993, SB 318, c. 366, § 42, eff. 9/1/1993; Amended by Laws 1998 , HB 2754, c. 301, § 10, eff. 11/1/1998; Amended by Laws 2003 , SB 708, c. 413, § 28, eff. 11/1/2003; Amended by Laws 2010 , HB 2359, c. 412, § 1, emerg. eff. 7/1/2010.