Okla. Admin. Code § 710:65-19-341

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

Section 710:65-19-341 - Natural or artificial gas and electric utility services

(a)General provisions. Generally, the sale of utilities or public services, including natural or artificial gas and electricity, are subject to sales tax. [See: 68 O.S. § 1354(A)(2) ]

(b)Exemptions and exclusions.Natural or artificial gas and electricity sold exclusively for residential use are exempt from the Oklahoma sales tax, but remain subject to any applicable municipal and county sales taxes in effect at the time of the sale. [See: 68 O.S. § 1357(8) and OAC710:65-13-120 ]

(c)Point of sale for gas and electricity. For purposes of any applicable municipal and county sales taxes, the point of sale for gas and electric utility services is determined to be the location of the meter by which the purchaser's usage is measured.

(d)Minimum service charges. When a fixed monthly charge is billed to a customer by a natural gas or electric utility and there is no consumption, this charge is not subject to sales tax. If any amount of gas or electricity is consumed, the minimum charge is subject to sales tax.

(e)Other charges. Charges which are separately stated and are unrelated to the amount of gas or electricity used such as fees for meter reading, installation, initiation, disconnection, or restoration of service, as well as charges for returned checks or for late payment, are not subject to sales tax.

Okla. Admin. Code § 710:65-19-341

Added at 14 Ok Reg 2711, eff 6-26-97; Amended at 17 Ok Reg 2677, eff 6-25-00; Amended at 21 Ok Reg 2581, eff 6-25-04; Amended at 22 Ok Reg 1561, eff 6-11-05; Amended at 25 Ok Reg 2070, eff 7-1-08; Amended at 27 Ok Reg 2308, eff 7-11-10