§ 2-114. Revolving Tax Relief Fund.
A. A revolving fund in the Osage Nation Treasury is hereby established by the Osage Nation Congress in order to provide eligible Osage retailers relief from the prepayment of additional state taxes on cigarettes and other tobacco products in cases where, pursuant to a compact with the State of Oklahoma, licensed wholesalers are required to pre-collect from Osage retailers one hundred percent (100%) of applicable state taxes on cigarettes and other tobacco products, portions of which are thereafter refunded to the Osage Nation. The revolving fund shall be known as the “Tax Relief Fund” and shall be administered by the Treasurer of the Osage Nation. The Tax Relief Fund shall be replenished from payments refunded by the state to the Osage Nation pursuant to the compact. The Treasurer shall maintain the Tax Relief Fund at a level necessary to make the payments required under this section and shall remit any remaining refunds received under the compact to the general fund in the Treasury.
B. The Treasurer is authorized to make payments from the Tax Relief Fund to licensed wholesalers on behalf of eligible retailers, or to retailers directly; provided, that such payments do not exceed fifty percent (50%) of applicable state taxes per carton of ten (10) packs of twenty (20) cigarettes, less the amount of applicable taxes due to the Osage Nation, plus an additional eighty percent (80%) of any excess rebate.
1. For purposes of this subsection, an eligible retailer is a retailer who is licensed by the Osage Nation.
2. For purposes of this subsection, excess rebate shall be the amount of money rebated to the Osage Nation from the State of Oklahoma less the amount of applicable taxes due to the Osage Nation, less Three Dollars Sixty-Five Cents ($3.65).
C. The Treasurer is authorized to make payments from the Tax Relief Fund to licensed wholesalers on behalf of eligible retailers, or to retailers directly; provided, that such payments do not exceed fifty percent (50%) of applicable state taxes on other tobacco products not referenced in subsection (B) of this section, less the amount of applicable taxes due to the Osage Nation, plus one hundred percent (100%) of the remainder rebate.
1. For purposes of this subsection, an eligible retailer is a retailer who is licensed by the Osage Nation.
2. For purposes of this subsection, remainder rebate shall be the amount of money rebated to the Osage Nation from the State of Oklahoma less the amount of applicable taxes due to the Osage Nation.
D. Payments shall be made only upon presentation of invoices or other documentation satisfactory to the Tax Commission and the Treasurer that taxes are due under the compact.
E. The Treasurer shall provide a biannual report to the Executive Branch, the Osage Nation Congress and the Osage Nation Tax Commission by January 31st and July 31st of each year on the status and health of the Tax Relief Fund.
F. The Tax Relief Fund shall continue for the duration of the Tobacco Tax Compact between the State of Oklahoma and the Osage Nation executed on October 31, 2013, and expiring upon execution of a new tobacco compact with the State of Oklahoma. Upon expiration and/or renegotiation of this compact, the fund shall terminate and all assets of the fund after proper payments and rebates are distributed according to law, shall revert to the general fund in the Osage Nation Treasury. ONCA 13-102, eff. Oct. 31, 2013; ONCA 15-22, eff. Apr. 28, 2015; ONCA 17-18, eff. Jan. 30, 2017.