Okla. Admin. Code § 710:1-3-46

Current through Vol. 42, No. 4, November 1, 2024

Section 710:1-3-46 - Partial payment of tax liabilities; allocation to taxes, penalties, interest, service charges, and fees

(a)Voluntary payments. Voluntary partial payments of tax liabilities will be applied to such liabilities in the manner designated by the taxpayer, where the taxpayer provides specific written instructions for the application of such payments. If the taxpayer fails to give specific written instructions for the application of a voluntary partial payment, the Commission will allocate and apply such payment in the same manner as provided for involuntary payments.

(b)Involuntary payments. The taxpayer has no right to direct or designate the allocation or application of an involuntary payment. In all instances, the Commission will allocate and apply involuntary partial payments in the manner which, in the discretion of the Commission, will best serve the interests of the State. Generally, unless the Commission determines that a different allocation will better serve the State's interests, involuntary partial payments will be allocated and applied in the following manner:

(1) First, to the tax portion of non-trust fund tax liabilities, beginning with the earliest such liability period, and then to the tax portion of each succeeding liability period until all non-trust fund taxes are paid;

(2) Next, to the tax portion of all trust fund tax liabilities, beginning with the earliest such liability period, and then to the tax portion of each succeeding liability period until all trust fund taxes are paid;

(3) Next, to the interest, penalties, service charges, and fees, in that order, associated with non-trust fund tax liabilities, beginning with the earliest such liability period, and then in the same order for each succeeding liability period(s) until all interest, penalties, service charges, and fees associated with non-trust fund tax liabilities have been paid;

(4) Next, to the interest, penalties, service charges, and fees, in that order, associated with trust fund tax liabilities, beginning with the earliest such liability period, and then in the same order for each succeeding liability period(s) until all interest, penalties, service charges, and fees associated with trust fund tax liabilities have been paid.

Okla. Admin. Code § 710:1-3-46

Added at 10 Ok Reg 3819, eff 7-12-93; Amended at 12 Ok Reg 139, eff 9-29-94 (emergency); Amended at 12 Ok Reg 2923, eff 7-14-95; Amended at 22 Ok Reg 1513, eff 6-11-05