Oklahoma Administrative Code
Title 260 - Office of Management and Enterprise Services
Chapter 135 - Service Oklahoma
Subchapter 7 - Motor Vehicle
Part 21 - MOTOR VEHICLES - COMMERCIAL VEHICLES
Section 260:135-7-120 - Surface transportation assistance act guidelines
Universal Citation: OK Admin Code 260:135-7-120
Current through Vol. 42, No. 1, September 16, 2024
(a) History of the act. The Surface Transportation Assistance Act of 1982 provides that a state shall not register vehicles subject to the Federal Vehicle Use Tax without first having presented proof that such tax has been paid.
(b) Imposition of the tax.
(1)
When tax is due. The tax is
imposed on the first use of any taxable highway motor vehicle on a public
highway in the United States. The taxable year is July 1 through June 30 and
the tax is due by the last day of the month following the month of the first
taxable use.
(2)
Vehicles
subject to tax. Any commercial motor vehicle having a gross weight of
55,000 pounds or more including the weight of any trailer or semitrailer used
in combination therewith. Principally the tax covers trucks and truck-tractors
used in combination with trailers and semitrailers. Very few single trucks
weigh as much as 55,000 pounds gross weight.
(3)
Definition of taxable gross
weight. The empty weight of a commercial motor vehicle plus empty weight
of any trailer or semitrailer customarily used in combination therewith plus
the weight of maximum load customarily carried.
(c) Tax exemptions and suspension.
(1) The tax is suspended
on vehicles to be used less than a specified minimum number of miles during the
taxable year of July 1 through June 30. Owners of vehicles in this category
must file Form 2290 and Schedule 1.
(2) Proof of payment is not required with the
issuance of Temporary permits such as 72-hour permits, 30, 60, or 90 day
registrations. It is required when raising weight to 55,000 lbs. or more on an
Additional Tax Receipt when the previous registered weight was less than 55,000
lbs.
(3) Proof of payment is not
required for the registration of Special Mobilized
Machinery.
(d) Proof of payment for state registration purposes.
(1) Effective October 1, 1985, a state must
refuse to register a heavy commercial motor vehicle with a gross weight of
55,000 pounds or more until the owner presents proof that the heavy vehicle tax
has been paid to the Internal Revenue Service. The tax is paid by filing Form
2290 which includes a Schedule 1 (Schedule of Taxable Highway Motor Vehicles).
Form 2290 is furnished by the Internal Revenue Service.
(2) Proof of Payment is the original or
photocopy of the receipted Schedule 1 (Form 2290) returned to the owner by the
IRS as a receipt for payment of the tax. If the receipted original or photocopy
of Schedule 1 is not available, the owners file copy of Form 2290 with Schedule
1 attached, as filed with the IRS, along with a photocopy of the front and back
of the cancelled check covering the payment to the IRS is acceptable.
(3) Schedule 1 provides space for the listing
of the Vehicle Identification Number (VIN) for 21 taxable vehicles, or the VIN
for 9 vehicles for which the tax is suspended as covered in Part II of Schedule
1 of Form 2290.
(4) If a fleet is
larger than 21 taxable vehicles, or, 9 vehicles for which the tax is suspended,
and the name of the taxpayer on Schedule 1 of Form 2290 is the same as the
registrant, the Schedule 1 may be accepted as proof without a separate listing
of vehicle identification numbers provided the number of vehicles being
registered is equal to or less than the number of vehicles shown on the
Schedule 1.
(5) A vehicle may be
registered without proof of payment of the tax if the person registering the
vehicle presents the Manufacturer's Certificate or Certificate of Title
indicating the vehicle was purchased within 60 days of the date the application
is received for registration.
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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