Okla. Admin. Code § 710:23-1-4 - Distributor operations and reporting

Current through Register Vol. 39, No. 2, October 1, 2021

(a) Sales of conforming bingo faces. A licensed distributor must sell bingo faces, imprinted with the word "Oklahoma" and outline of the state of Oklahoma ("conforming bingo faces"), to licensed organizations, exempt organizations, and exempt entities. Except for sales to veterans' organizations, group homes for mentally disabled individuals, and charitable healthcare organizations, all sales of conforming bingo faces are subject to tax. Conforming bingo faces may not be sold to federally recognized Indian tribes or nations.
(b) Records and reports required. The following items apply to records and reports of distributors:
(1) A distributor who sells, leases, or otherwise provides charity game equipment must record the transaction on a sales invoice.
(2) A sales invoice must be on a form approved by the Tax Commission and must contain the following information:
(A) The "ABLE" license number of the distributor;
(B) The name of the licensed organization, entity, or licensed distributor;
(C) The complete business name and address of the organization, entity, or licensed distributor;
(D) The "ABLE" license or "ABLE" exemption permit number of the organization, entity, or licensed distributor;
(E) The invoice number;
(F) The date the equipment was shipped;
(G) A full description of each item of equipment sold;
(H) The serial numbers of the bingo sets, U-Pik-Em game sets, breakopen ticket games, and selection equipment. The invoice for bingo faces must designate whether the bingo faces are conforming bingo faces;
(I) The identity of the manufacturer from which the distributor purchased the equipment;
(J) The date of the sale of the charity game equipment;
(K) The name of the person who ordered the charity game equipment;
(L) Whether the sale was an exempt sale made to a veterans' organization;
(M) Whether the sale was an exempt sale made to a group home for mentally disabled individuals.
(N) Whether the sale was an exempt sale made to a charitable healthcare organization.
(c) Monthly reporting. Each distributor shall submit monthly to the Tax Commission:
(1) Purchase invoices. Copies of all purchase invoices from the licensed manufacturer, licensed distributor, or printer (jobber), stating the amount and price of each item obtained and in the case of invoices for bingo faces, whether they are conforming or nonconforming;
(2) Sales invoices. Copies of all sales invoices submitted for payment to purchasers of charity game equipment, bingo faces (conforming and nonconforming), U-Pik-Em game sets, and breakopen ticket games, regardless of whether the sale was to a licensed organization, exempt organization or entity, or person or entity excluded from the Act;
(3) Printing invoices. Copies of all invoices and work orders for conversion by jobbers, (i.e., the printing of the outline of the state of Oklahoma onto nonconforming paper) and for the printing of U-Pik-Em game sets. The invoice and work order must include the name of the printer, the number of bingo faces, and the series and serial numbers of the bingo faces. If the bingo faces printed are in sets, only the serial number of the top sheet must be included.
(4) Reconciliation of inventory of charity game equipment.
(A) The perpetual reconciliation of inventory is reported on the monthly reporting form, Schedule A, pertaining to bingo faces, and shall be detailed as to the number of conforming, nonconforming, and U-Pik-Em bingo games purchased from licensed manufacturers, licensed distributors, and printers (jobbers). It must reflect the total number of faces and U-Pik-Em games purchased and sold by the distributor.
(B) The breakopen ticket game reconciliation is reported on Schedule B on the monthly reporting form and must reflect the retail sales value of the breakopen ticket games purchased and sold by the distributor.
(C) Distributors who are also licensed as manufacturers must include in the reconciliation, the number of U-Pik-Em bingo game sets printed or purchased and transferred by the manufacturer and the number of U-Pik-Em bingo game sets printed by a jobber for the distributor.
(5) Physical inventory required. All licensed distributors shall be required to file a physical inventory of all paper (designated conforming and nonconforming), U-Pik-Ems, Tabs, and Equipment, the month following the ending month of the distributor's fiscal year. Such inventory shall include the number of conforming faces, nonconforming faces, and U-Pik-Ems, and for Tabs and Equipment, the total number of deals and items, as well as the total retail value.
(6) Remittance of tax. Remittance of tax is due on charity game equipment sold, rented or leased the previous month, less any discount lawfully retained. With the exception of conforming bingo faces sold to veterans' organizations and group homes for mentally disabled individuals, all conforming bingo faces sold or otherwise transferred during the previous month are subject to tax. Adjustments may be made upon proper showing, as a result of destruction or breakage. [See: 710:23-1-6 ]
(7) Remuneration. A distributor who timely reports and remits monthly may retain the discount provided in the Act. If the tax becomes delinquent, the discount is forfeited by the distributor.
(8) Interest and penalty. Interest and penalty as provided in 68 O.S. § 217 shall apply to all liability not paid at the time required by the Act.
(d) Quarterly reporting. Each distributor, on the last day of the month following the end of the quarter, shall submit a report and supporting data to the Tax Commission containing the name, address, and license or exemption number, if any, of each purchaser of charity game equipment.
(e) Magnetic or electronic reporting. The quarterly report may, if desired, be submitted via magnetic media (tape or diskette) or by modem, directly to the Commission. Reports submitted via the magnetic media or electronic data shall conform to the Magnetic Media Guide prepared by the Oklahoma Tax Commission.

Notes

Okla. Admin. Code § 710:23-1-4
Added at 10 Ok Reg 4489, eff 8-10-93 (emergency); Added at 11 Ok Reg 3489, eff 6-26-94; Amended at 11 Ok Reg 4685, eff 8-15-94 (emergency); Amended at 12 Ok Reg 2621, eff 6-26-95; Amended at 14 Ok Reg 2693, eff 6-26-97; Amended at 17 Ok Reg 2666, eff 6-25-00; Amended at 22 Ok Reg 1529, eff 6-11-05; Amended at 25 Ok Reg 2036, eff 7-1-08
Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

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