ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

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ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

LICENSING AND TAX CODE

CHAPTER ONE: TAX COMMISSION

§1.

Tax Commission Created

§2.

Composition of Tax Commission

§3.

Term of Office

§4.

Per Diem (Stipend)

§5.

Seal

§6.

Meetings; Quorum

§7.

Tax Administrator

§8.

General Powers of the Tax Commission

§9.

Rule Making Authority

§10. Forms

§11. Records

§12. Confidentiality of Records

§13. Bookkeeping

§14. Deposits of Tax Revenue

§15. Tax Commission Staff

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SUBCHAPTER 1-1. TAX COMMISSION REGULATIONS

Rule 1-1-1. Citation

Rule 1-1-2. Principal Office, Hours

Rule 1-1-3. Communications with Commission

Rule 1-1-4

Matters Not Otherwise Addressed

Rule 1-1-5

Cost of Copies

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SUBCHAPTER 1-2. RULEMAKING PROCEDURES

Rule 1-2-1. Proposed Rules

Rule 1-2-2. Temporary Rules

Rule 1-2-3. Adoption of Proposed Rules

Rule 1-2-4. Final Rule

Rule 1-2-5. Numbering of Final Rules

Rule 1-2-6. Amendments

Rule 1-2-7. Compilation and Publication of Rules

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CHAPTER TWO: TAX ADMINISTRATION AND PROCEDURES

§1.

Statement of Purpose

§2.

Citation

§3.

Definitions

§4.

Use of Tax Revenues

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§5.

§6.

§7.

§8.

§9.

§10.

§11.

§12.

§13.

§14.

§15.

§16.

§17.

§18.

§19.

§20.

§21.

§22.

§23.

§24.

§25.

§26.

§27.

§28.

§29.

§30.

§31.

§32.

§33.

§34.

§35.

§36.

§37.

§38.

Jurisdiction

Required Records; Information Returns

Audits of Taxpayer Records

Subpoenas

Tax Due Date; Taxpayer Returns; Extension of Time

Delinquent Taxpayer

Assessment of Taxes; Presumption of Correctness

Address of Notices; Timely Filing

Limitations Period for Assessments and Collections

Collection of Taxes; Attorney’s Fees

Action to Enjoin Unlicensed Activities

Seizure of Property by Levy

Inventory of Seized Property

Court Action on Levied Property; Redemption

Sale of Seized Property

Exempt Property

Lien for Taxes

Period of Lien

Filing of Lien

Release of Lien or Discharge of Property

Compromise of Taxes

Exhaustion of Administrative Remedies

Administrative Protest

Appeals from Tax Commission’s Decision and Order

Claims for Refund

Interest on Taxes Erroneously Collected

Collection of Interest and Civil Penalties

Interest on Deficiencies

Civil Penalties

Attempts to Evade or Defeat Tax

Intent to Defraud

Timeliness when Last Day for Performance Falls on Saturday, Sunday,

or Legal Holiday

Limited Waiver of Sovereign Immunity

Forgery of Licenses; Civil Penalty

SUBCHAPTER 2-1. ADMINISTRATIVE PROTESTS

Rule 2-1-1. Administrative Protests, How Taken

Rule 2-1-2. Setting Protests for Hearing

Rule 2-1-3. File Documents Part of Record

Rule 2-1-4. Brief by Commission

Rule 2-1-5. Response by Taxpayer

Rule 2-1-6. Subpoenas

Rule 2-1-7. Form of Subpoenas

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Rule 2-1-8.

Rule 2-1-9.

Role of the Tax Commissioners at the Hearing

Questions Not Addressed by Rules

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FORMS

1.

Request for Extension of Time

2.

Letter Granting Extension of Time to File Reports

3.

Letter Denying Extension of Time to File Reports

4.

Letter Granting Extension of Time to Pay Tax

5.

Letter Denying Extension of Time to Pay Tax

6.

Notice of Delinquent Taxes

7.

Notice of Tax Assessment

8.

Notice of Tax Lien

9.

Release of Tax Lien (When Claim is Satisfied)

10.

Release of Tax Lien (Secured by Bond)

11.

Register of Tax Liens

12.

Inventory of Seized Property

13.

Statement of Witnesses

14.

Notice of Hearing

15.

Letter Granting Claim for Refund

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Letter Denying Claim for Refund

17.

Administrative Protest and Application for Hearing

18.

Subpoena

CHAPTER THREE: SALES AND LODGER’S TAX; BUSINESS LICENSES

§1.

Short Title

§2.

Definitions

§3.

Imposition and Rate of Sales Tax

§4.

Exemptions

§5.

Vending Machine Sales and Installment Sales

§6.

Imposition and Rate of Lodger’s Tax

§7.

Collection of Tax; Assessment; Penalties

§8.

Payment of Tax; Records

§9.

Business License; Issuance and Revocation

§10. Final Sales Tax Return – Return of Registration

§11. Failure to Comply with Tax Law and Regulations

§12. Use of Funds

FORMS

1.

Application for Business License

2.

Business License

3.

Sales and Lodger’s Tax Return

4.

Exempt Sales Detail

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CHAPTER FOUR: POSSESSORY INTEREST TAX

§1.

Short Title

§2.

Findings

§3.

Definitions

§4.

Imposition and Rate of Tax

§5.

Computation of Value of Possessory Interest

§6.

Designation of Agent

§7.

Registration and Reporting Requirements

§8.

Notice of Assessment and Payment of Taxes Due

§9.

Lien for Taxes

§10. Exemptions

§11. Method for Claiming Exemptions

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FORMS

1.

Instructions for Submission of Information Concerning Possessory

Interest Tax

2.

Application for Registration

3.

General Property Summary

4.

Detailed Property Value Report

CHAPTER FIVE: GAMING TAX

§1.

Short Title

§2.

Definitions

§3.

Imposition of Tax

§4.

Reporting and Collection Tax

§5.

Audits

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FORMS

1.

Gaming Tax Return

CHAPTER SIX: SEVERANCE TAX

§1.

Short Title

§2.

Definitions

§3.

Imposition of Tax

§4.

Due Date of Tax

§5.

Payment of Tax by Whom

§6.

Payment Bonds

§7.

Incidence of Tax – Forfeiture for Non-Payment

§8.

Purchaser May Remit Taxes

§9.

Unit Operator May Remit Taxes

§10. Computation of Gas Volume

§11. Computation of Oil Volume

§12. Monitoring Operations

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FORMS

1.

Designation of Agent

2.

Severance Tax Return

3.

Notice of Delinquent Severance Taxes

4.

Notice of Tax Lien

CHAPTER SEVEN: EARNINGS TAX

§1.

Short Title

§2.

Definitions

§3.

Tax on Earnings

§4.

Tax Collected at the Source

§5.

Amount Withheld Based on Earnings on Payroll Date

§6.

Payment of Earnings Tax and Reports

§7.

Records and Employee Notices

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FORMS

1.

Earnings Tax Return

CHAPTER EIGHT: TAXATION AND REGISTRATION OF VEHICLES

§1.

Short Title

§2.

Definitions

§3.

Application

§4.

Tax Imposed on Passenger Automobiles, Motorcycles or Motorized Bicycles

§5.

Tax Imposed on Farm Trucks

§6.

Tax Imposed on Commercial Vehicles

§7.

Tax Imposed on Recreational Vehicles

§8.

Tax Imposed on Trailers – Reserved

§9.

Tax Imposed on Boats – Reserved

§10. Collector Tag

§11. Certificates of Title; Perfection of Security Interests

§12. Form of Certificate of Title

§13. Original, Transfer, Duplicate, Junk and Salvage Certificate of Title

§14. Certificates of Title Fees

§15. Certificates of Registration and Tags

§16. Form of Certificate of Registration

§17. Form of Tags

§18. Personalized Tags

§19. Form of Decals

§20. Other Requirements for Motor Vehicles

§21. Tribal Owned Vehicles

§22. Authorized Signatures

§23. Penalties

§24. Other Offenses

§25. Recognition of Foreign Certificate of Titles and Certificate of Registrations

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RULES AND REGULATIONS

1.

Requirement for Title and Registration

2.

Charges

3.

Guide to Issuance of License Plates

4.

Perfection of Security Interests

5.

Information Concerning Vehicles Previously Registered with the Absentee

Shawnee Tribe

FORMS

1.

Affidavit-of-Fact

2.

Bill-of-Sale

3.

Certificate of Motor Vehicle Registration

4.

Commercial Vehicle Affidavit

5.

Document Return Request

6.

Document Revision Request

7.

Duplicate Title Affidavit

8.

Family Affidavit

9.

Lien Entry Form

10.

Lien Release Form

11.

Proof-of-Purchase Price

12.

Registration Renewal Letter

13.

Vehicle Certificate of Title

14.

Unroadworthy Vehicle Affidavit

CHAPTER NINE: FIREWORKS CODE

§1.

Short Title

§2.

Definitions

§3.

Lease and Lease Insurance

§4.

Authorized Sales Dates

§5.

Imposition of Sales Tax

§6.

Failure to Comply

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LEGISLATIVE HISTORY: Enacted Resolutions affecting the Licensing and Tax Code

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CHAPTER ONE

TAX COMMISSION

§ 1.

Tax Commission Created

There is hereby created the Absentee Shawnee Tax Commission which shall be

responsible for carrying out the duties and functions assigned to it in the Absentee Shawnee Tax

Laws. The Commission shall report to the Absentee Shawnee Executive Committee.

§ 2.

Composition of Tax Commission

(a)

The Absentee Shawnee Tax Commission shall consist of three (3) members who

shall be appointed by, and serve at the pleasure of the Executive Committee.

(b)

The Chairperson of the Tax Commission shall be selected by and from the

appointed members. The members shall elect a Vice Chairperson from the appointed members

who shall act as Chairperson in the Chairperson’s absence.

§ 3.

Term of Office

The terms of office for Tax Commission members shall be for two (2) years. At the end

of each term the Executive Committee shall exercise the option of appointing a new member or

reappointing the present Commissioner for another term. Tax Commissioners shall serve until a

new Commissioner is appointed. The Appointment shall run for the remainder of the two-year

term of the Commissioner being replaced.

§ 4.

Per Diem (Stipend)

Each Tax Commission member in attendance at official meetings called by the

Chairperson shall receive a per diem of $75.00. The Executive Committee may modify the per

diem rate.

§ 5.

Seal

The Absentee Shawnee Tax Commission is authorized and directed to acquire and use a

seal which shall be circular in form, with the words “TAX COMMISSION - ABSENTEE

SHAWNEE TRIBE OF OKLAHOMA” around the edge thereof, and the word “SEAL” in its

center. The seal shall be impressed upon the originals or certified copies of all licenses, orders,

rules, and other official documents of the Commission as evidence of their authenticity and

authority.

§ 6.

Meetings; Quorum

(a)

Regular Meetings. Regular Tax Commission meetings shall be held on the third

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Tuesday of the month. The day and time of regular meetings may be changed by agreement of

the Commissioners when deemed necessary.

(b)

Special Meetings. The Tax Commission Chairperson shall call a special meeting

when deemed necessary. The notice shall state the intent and purpose of the special meeting and

all Commissioners shall be notified of the date and time for the meeting.

(c)

Quorum. The Tax Commission shall conduct meetings only if at least two

members of the Commission are actually in physical attendance at the meeting. A record shall be

made of Commission members present and absent.

§ 7.

Tax Administrator

The Tax Administrator shall be an employee of the Tribe, hired by the Tax

Commissioners which shall have authority for all personnel actions relating to the Administrator.

The Administrator is charged with providing administrative support and policy making input to

the Commission as may be required to carry out the tax laws of the Absentee Shawnee Tribe.

The Administrator is authorized to act on behalf of the Commission as the Commission may

authorize and direct.

§ 8.

General Powers of the Tax Commission

The Tax Commission shall generally be charged with the administration and enforcement

of all Tribal tax laws. Incidental to the administration or enforcement of the Tribal tax laws, the

Tax Commission shall have the power to:

(a)

Assess, collect, and issue receipts for such taxes as are imposed by Resolution of

the Executive Committee and to bring actions on behalf of the Tribe in the Tribal Court for the

collection of Tribal taxes, civil penalties and interest, and the enforcement of the Tribal tax laws,

all such actions shall be styled: The Absentee Shawnee Tribe of Oklahoma ex rel. Tax

Commission vs.

;

(b)

Administer oaths, conduct hearings, and, by subpoena, compel the attendance of

witnesses and production of books, records, and papers of any taxpayer relating to the

enforcement of the Tribal tax laws;

(c)

Make, or cause to be made by its agents or employees, an examination or

investigation of the place of business, equipment facilities, tangible personal property, and the

books, records, papers, vouchers, accounts, documents, and financial statements of any taxpayer,

upon reasonable notice, during normal business hours, at any other time agree to by said

taxpayer, or at any time pursuant to a search warrant signed by the Tribal Court;

(d)

Examine, under oath, either orally or in writing any taxpayer or any agent, officer,

or employee of any taxpayer, or any other witness in respect to any matter relative to the Tribal

tax laws;

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(e)

Evaluate and resolve tax refund questions;

(f)

Attach and seize assets;

(g)

Exercise all other authority delegated or conferred upon it by law, or as may be

reasonably necessary in the administration or enforcement of any Absentee Shawnee Tribal tax

laws.

§ 9.

Rulemaking Authority

(a)

The Tax Commission shall have the authority to prescribe, promulgate, and

enforce written rules and regulations not inconsistent with this Title to provide for its internal

operational procedures; or to interpret or apply any Tribal tax laws as may be necessary to

ascertain or compute the tax owing by any taxpayer, or for the filing of any reports or returns

required by any tribal tax laws, or as shall be reasonably necessary for the efficient performance

of its duties, or as may be required or permitted by law.

(b)

The Rules and Regulations of the Tax Commission shall be made publicly

available at the office of the Tax Commission and in a manner prescribed by the Commission.

(c)

The Tribal Court shall take judicial notice of all rules of the Tax Commission

promulgated pursuant to this Title.

§ 10.

Forms

The Tax Commission may prepare and make available to the public such standard forms

as are or may be necessary to carry out its functions and which are not otherwise provided for by

this Title.

§ 11.

Records

(a)

The Tax Commission shall keep and maintain accurate, complete, and detailed

records which reflect all taxes, penalties, and interest due and paid, all licenses issued, and each

and every official transaction, communication, or action of the Commission.

(b)

Such records shall be maintained at the Tribal Headquarters and shall not be

removed from the Tribal Complex without the consent of the Tax Commission.

(c)

Such records shall be subject to audit at any time upon the direction of the

Executive Committee. The Tax Commission shall conduct an independent audit not less than

once each year.

(d)

Records may be destroyed five (5) years after the last entry was made or activity

taken on the file, matter or account.

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§ 12.

Confidentiality of Records

(a)

Any record of the Tax Commission or information contained in such record,

which relates to the individual business or personal activities of a named particular taxpayer or

taxpayers shall not be open to public inspection and shall be released only to the following:

(b)

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1.

The taxpayer or his authorized representative;

2.

Tribal officials who have a legitimate official need for such

records;

3.

To an authorized representative of the United States

Department of the Treasury pursuant to a reciprocal

agreement for the exchange of information;

4.

To an authorized representative of another tribe or a state;

provided that the receiving tribe or state has entered into an

agreement with the Commission to use the information

only for tax purposes and provided that the receiving tribe

or state has enacted confidentiality laws similar to this

section;

5.

To a court of competent jurisdiction in an action relating to

taxation in which the Commission and the taxpayer are

parties, or in an action to enforce any tax liability of the

taxpayer in which the Commission is a party;

6.

In such a manner and form that the information revealed is

not identified as applicable to a particular taxpayer.

Nothing in this section prohibits the Commission from disclosing to any person:

1.

Whether a person is or is not registered with the

Commission as a taxpayer; or

2.

The final decision and order of the Commission or Court in

any protest or appeal filed by the taxpayer.

Bookkeeping

There shall be established and kept such financial record books as may be necessary

under generally applicable accounting standards to adequately account for all monies received by

the Commission on behalf of the Tribe. Separate books shall be maintained for each type of tax

imposed by this Title.

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§ 14.

Deposits of Tax Revenue

All tax monies, license fees, penalties, interest, service fees, charges or other monies

collected by the Tax Commission in the administration and enforcement of the tax laws, except

as otherwise specifically authorized by law, shall be deposited in the Tribal Treasury as directed

by the Treasurer’s office.

§ 15. Tax Commission Staff

(a)

The Tax Commission shall be staffed with such employees and may incur such

expenses as may be necessary for the proper discharge of its duties. The Tax Commission shall,

to the maximum extent feasible, utilize regular tribal staff in exercising the duties and

responsibilities of the tax laws, and may delegate to the Tribal staff, by rule, such functions as

may be necessary to efficiently administer the Tax laws, provided however, that the

Commission’s rulemaking authority may not be delegated.

(b)

The Tax Commission shall have responsibility for the hiring and management of

staff members. Commission staff shall be subject to the Tribal personnel policies and

procedures. The Tax Commission shall comply with tribal rules and policies against nepotism

when hiring staff members.

(c)

The total amount dispersed by the Tax Commission in any one fiscal year for the

payment of salaries, expenses and incidentals shall not exceed the amount appropriated therefore

by the Executive Committee. The Tax Commission shall submit to the Executive Committee a

line item proposed budget for the next fiscal year not later than the 15th day of November in each

year.

(d)

The Tax Commission may require bonding of the Administrator and any staff

member or Commissioner who handles public monies, tax revenue, or tax stamps in such

amounts as may be fixed by the Commission.

(e)

The premiums on the bonds shall be paid from funds authorized in the Tax

Commission budget.

(f)

The Tax Commission shall conduct a background check of any staff member or

Commissioner who handles public monies, tax revenue or tax amounts.

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SUBCHAPTER 1.1. - TAX COMMISSION REGULATIONS

Rule 1.1.1

Citation

The Rules of the Tax Commission shall be known as the Absentee Shawnee Tribe Tax

Commission Rules, and may be cited as AST-TCR.

Rule 1.1.2

Principal Office - Hours

(a)

The principal office of the Absentee Shawnee Tax Commission is the Absentee

Shawnee Tribal Complex; Absentee Shawnee Tribe of Oklahoma, 2025 South Gordon Cooper,

Shawnee, Oklahoma 74801.

(b)

Office hours shall be from 8:00 o'clock a.m. to 12:00 o’clock p.m. and 1:00

o’clock p.m. to 5:00 o'clock p.m. each day except Saturday, Sunday and any legal holiday

established by rule, ordinances, or proclamation by the Governor.

Rule 1.1.3

Communications with Commission

Every communication in writing to the Commission shall be addressed to the

Administrator at the principal office, unless the Commission directs otherwise. Every instrument

and other document shall be deposited with or mailed to the Administrator at the principal office

and shall be deemed received only by actual delivery at the principal office. Filing of any

instrument shall not be complete except upon payment of all applicable fees required by

ordinance or by these rules.

Rule 1.1.4

Matters Not Otherwise Addressed

All matters of procedure, computation, and enforcement not addressed by these rules or

the Code shall be subject to orders of the Commission or its Administrator in particular cases, or

by the Tax Commission employee procedure manual which may be maintained by the

Administrator. In all cases wherein the procedure is not set out or governed by the Act or these

regulations, the Tax Commission and its staff may proceed in any lawful manner.

Rule 1.1.5

Cost of Copies

(a)

Persons requesting copies of Tax Commission records shall pay a fee of fifteen

cents (.15) cents per page for all pages reproduced.

(b)

Copies of any rule, regulation, decision, or order made by the Tax Commission in

the administration of the Licensing and Tax Code or any Tribal Tax Law may be authenticated

under its official seal by the Administrator, any member of the Commission, or any authorized

agent or employee of the Tax Commission. For such authentication, a fee of Two Dollars ($2.00)

shall be charged.

(c)

All fees collected hereunder shall be deposited as directed by the Tribal Treasurer.

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SUBCHAPTER 1.2 - RULEMAKING PROCEDURES

Rule 1.2.1

Proposed Rules

The Tax Commission shall have the authority to prescribe, promulgate, and enforce

written rules and regulations not inconsistent with the Licensing and Tax Code. The Tax

Commission shall consider proposed rules, submitted by members of the Tax Commission,

members of the Executive Committee or the Tax Administrator. Proposed rules must be

submitted in a form consistent with the existing rules and regulations. Commission actions that

are purely administrative in nature, such as office hours or amending forms, are not subject to the

rulemaking procedures, but may be adopted by the Commission through its decision-making

process. Amended 9/11/02 by Resolution LAS-2002-37.

Rule 1.2.2

Temporary Rules

If the immediate enforcement of a proposed rule is necessary for the proper functioning

of the Tax Commission, and all of the Commission members present at the Commission meeting

unanimously agree that a temporary rule should be adopted, the Tax Commission may adopt the

proposed rule as a temporary rule. If it is determined that the proposed rule should be adopted as

a temporary rule, the Tax Commission shall:

(a)

Assign the rule a temporary rule number which shall begin with the words

"temporary rule" followed by the last two digits of the calendar year, a dash (-), and the

consecutive number for temporary rules adopted during that calendar year.

(b)

As soon thereafter as is practical, all steps described below in the section entitled

"Adoption of Proposed Rules" and the sections following shall be undertaken in order for the

temporary rule to be adopted as final rule.

Rule 1.2.3

Adoption of Proposed Rules

If immediate enforcement of a proposed rule is not necessary for the proper functioning

of the Tax Commission, or all of the Commission members present at the Commission meeting

do not agree that a temporary rule should be adopted, the Commission may, at its discretion:

(a)

Refer the proposed rule to the Tribal Attorney and Tax Administrator who shall,

within thirty (30) days, provide the Commission with a written analysis of the proposed rule. The

Administrator may require Commission staff assistance if necessary. The Tribal Attorney and

Tax Administrator may provide joint or separate analyses. The written analysis shall include:

(1)

An analysis of whether the proposed rule is within the scope of the

Commission's rule making powers.

(2)

An analysis of whether the provisions of the proposed rule are consistent

with, or in violation of the Code and the Tribal Constitution.

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(3)

An analysis of the expected impact upon the operation of the Commission,

and the probable practical effect of the proposed rule.

(4)

Recommendations for approval or disapproval of the proposed rule,

including recommended amendments to the proposed rule, if any.

(b)

Refer the proposed rule to any other agency or department of the Tribe which in

the opinion of the Commission may be impacted by the proposed rule for their comments within

thirty (30) days.

(c)

Set a date and time after these required procedures are completed and notice

periods expired at which to consider the proposed rule at a meeting open to the public.

(d)

Distribute copies of the proposed rule, and any written reports or comments on

said rule, as they are received, to:

Rule 1.2.4

(1)

The Tax Administrator

(2)

Each Commission member

(3)

Each Executive Committee member.

Final Rule

As soon as possible after adoption of a Final Rule, said Final Rule should be executed

and filed for record. The Final Rule shall state its effective date.

Rule 1.2.5

Numbering of Final Rules

At the time any proposed or temporary rule is promulgated as a final rule, the

Commission shall assign such final rule a number compatible with the numbering arrangement

of these regulations, and such final rule shall then be inserted within these regulations in its

appropriate numerical position.

Rule 1.2.6

Amendments to Rules

These rules or rules promulgated hereafter may be amended, repealed, or modified by

following the same procedures by which a new rule would be promulgated.

Rule 1.2.7

Compilation and Publication of Rules

(a)

At least once each year, the Administrator shall cause the official copy of these

rules to be updated to include each and every final rule adopted by the Commission during that

year, and shall cause those rules adopted during the year to be inserted in their appropriate place

within the official copy.

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(b)

The Commission Rules shall be made available during business hours for

purchase by the public at a charge of fifteen (.15) cents per page plus the cost of binding. Free

copies of these documents shall be distributed to tribal agencies, employees, the tribal attorney,

Tribal Court, or other Tribal Officials whose functions require that they be aware of the Tax

Commission Rules. Such copies shall remain the property of the Tribe and are delivered for the

benefit of the Tribal Government, except the copies delivered to the tribal attorney and the tribal

court which shall be included in their libraries. The Administrator may, when it is in the best

interest of the tribe to do so, provide discount rates for sale of these documents to public

libraries, and may enter into exchange agreements with such agencies whereby they provide their

materials to the Tribe and the Tribe provides these documents to the agency without other

exchange of consideration.

(c)

The Administrator may establish a subscription service for the distribution of

these documents or for immediate distribution of Tax Rules, proposed, temporary, or final, and

shall set the charges for advance copies of such rules and information with the approval of the

Commission in order to cover the additional costs of updating.

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CHAPTER TWO

TAX ADMINISTRATION AND PROCEDURES

§ 1.

Statement of Purpose

It is the policy of the Absentee Shawnee Tribal Government to provide governmental

services within the jurisdiction of the Tribe. To finance the Tribe’s governmental responsibilities

and regulate those operating within its jurisdiction, the Tribe has the inherent sovereign authority

to impose taxes on goods and activity within its jurisdiction and to license and regulate certain

conduct. The Licensing and Tax Code sets forth the taxes, regulation and licensing of conduct

and activity within the Tribal jurisdiction.

§ 2.

Citation

This Code may be cited as the Absentee Shawnee Tax Licensing and Tax Code (ASTTax Ch. , S ).

§ 3.

Definitions

These definitions shall apply throughout the Tax Laws of the Absentee Shawnee Tribe.

Definitions applicable to specific tax laws will be set forth in those chapters.

(a)

“Absentee Shawnee Tax Laws” or “Tribal Tax Laws” means the tax laws enacted

by the Absentee Shawnee Tribe, including but not limited to, the tax laws enacted and made part

of this Code.

(b)

“Commission” or “Tax Commission” means the Absentee Shawnee Tax

Commission, which shall be the agency of the Absentee Shawnee Tribe of Oklahoma authorized

to exercise any powers of the Commission under the Absentee Shawnee Tax Laws.

(c)

“Levy” means the lawful power hereby invested in the Commission to assess taxes

and seize and take into possession or to require the present or future surrender to the Commission

of any property or rights to property belonging to a delinquent taxpayer.

(d)

"Lien" means a charge, hold and encumbrance upon the property of a taxpayer to

secure the payment of any tax, penalty, fee or interest due to the Tribe as authorized in Section

21 of this Chapter.

(e)

"Overpayment" means any amount paid by any person to the Tribe pursuant to

this chapter or any tax law subject to this chapter, or withheld from the person, in excess of the

amounts due at the time of the payment or at the time the amount withheld is credited against the

amount due.

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(f)

“Person” means any individual, estate, trust, receiver, cooperative association,

club, corporation, company, firm, partnership, joint venture, syndicate or other entity, including

to the extent permitted by law, any federal, state, tribal or other government or any department,

agency, instrumentality or political subdivision of any federal, state or other government.

(g)

"Tax" means the total amount of each tax imposed and required to be paid under

the provisions of the Tribal Tax Laws subject and, unless the context otherwise requires, includes

the amount of any interest or civil penalty relating thereto.

(h)

"Taxpayer" means every person who is liable for the payment of any tax under the

tax laws of the Absentee Shawnee Tribe of Oklahoma.

(i)

“Tribe” means the Absentee Shawnee Tribe of Oklahoma, a federally recognized

Indian Tribe.

§ 4.

Use of Tax Revenues

Unless a specific purpose is specified elsewhere in the Code, all tax revenues shall be

deposited in the Tribal Treasury and appropriated for tribal purposes by the Executive

Committee.

§ 5.

Jurisdiction

The jurisdiction of the Absentee Shawnee Tax Commission shall be concurrent with the

jurisdiction of the Absentee Shawnee Tribe.

§ 6.

Required Records; Information Returns

(a)

Every person engaged in activity that is subject to taxation under the Absentee

Shawnee Tax Laws shall maintain books and records of account or other records in a manner that

will permit the accurate computation of tribal taxes.

(b)

The Tax Commission may by regulation require any person doing business within

the Tribe’s jurisdiction to submit to the Tax Commission information returns that the Tax

Commission deems reasonable and necessary for identifying taxable transactions or property,

determining the amount of any tax due, or otherwise to properly administer any Tribal Tax Law.

§ 7.

Audits of Taxpayer Records

(a)

The Tax Commission shall cause the records and books of account of taxpayers to

be inspected or audited at such times as the Tax Commission deems necessary for the effective

execution of the Commissioner’s responsibilities.

(b)

Auditors and other officials of the Tax Commission are authorized to request and

require the production for examination of the records and books of account of a taxpayer.

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(c)

Taxpayers shall, upon the Tax Commission’s request make their records and

books of account available for inspection at reasonable hours to the auditor or official of the Tax

Commission who properly identifies himself to the taxpayer.

(d)

Liability for tax, interest, and penalties identified in an audit shall be computed

from the date the tax should have been paid on the taxable transaction or incident, irrespective of

when the audit is performed or the tax liability is discovered by the Tax Commission.

(e)

For the purpose of establishing or determining the extent of the liability of any

person for any tax, for the purpose of collecting any tax, or for the purpose of enforcing any tax,

the Tax Commission is authorized to examine business premises, property and equipment and to

examine and require the production of any relevant records, books, information or evidence.

§ 8.

Subpoenas

(a)

The Tax Administrator is hereby granted the power to issue subpoenas, which

shall be returnable no less than ten (10) days from the date of service, as may be necessary to

carry out the purposes of this Title.

(b)

Any subpoena issued by the Tax Administrator shall state with reasonable

certainty the nature of the evidence required to be produced, the time and place the evidence is to

be produced, the consequences of failure to obey the subpoena, and shall be attested by a Tax

Commissioner.

(c)

If any person served with a subpoena neglects or refuses to produce records or

other evidence or to allow the inspection of equipment, records, books, information or evidence

identified in the subpoena, the Tax Commission may invoke the aid of any court of competent

jurisdiction to enforce the subpoena.

§ 9.

Tax Due Date; Taxpayer Returns; Extension of Time

(a)

Taxpayers are liable for tax at the time of and after the transaction or incident

giving rise to the tax until payment is made. Taxes are due on and after the date for payment

specified in the applicable tax chapter.

(b)

Every taxpayer shall, on or before the date on which payment of the tax is due,

file a complete tax return in the form prescribed by the Tax Commission.

(c)

The failure to file a tax return, or the filing of an incomplete or otherwise

inadequate tax return, may result in the computation and assessment of the tax or additional

penalties by the Tax Commission.

(d)

All taxes due to the Tribe shall be paid to the Tax Commission in the name of the

Absentee Shawnee Tribe of Oklahoma. Delivery to the Tax Commission of a check that is not

paid upon presentment does not constitute payment. All tax returns and reports shall be filed

with the Tax Commission.

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(e)

The Tax Commission may, for good cause, extend in favor of a taxpayer, for no

more than a total of sixty (60) days, the date on which payment of any tax is required or on

which any return shall be filed, but no extension of time shall prevent the accrual of interest as

otherwise provided by this chapter. A request for extension of time must be filed on or before

the date the tax or return is due in the absence of an extension. If the Tax Commission believes it

necessary to assure the collection of the tax, the Tax Commission may require, as a condition of

granting any extension, that the taxpayer furnish security for the estimated amount of the tax,

including interest and any applicable civil penalties.

(f)

Payments shall be considered timely made if postmarked before midnight on the

date on which payment is due or if received by the Tax Commission by the close of the business

day on which payment is due.

§ 10.

Delinquent Taxpayer

(a)

Any taxpayer to whom taxes have been assessed who does not, within thirty (30)

days after the assessment, make payment, protest the assessment as provided in Section 27 of

this Chapter or furnish security for payment acceptable to the Tax Commission becomes a

delinquent taxpayer and remains delinquent until:

1.

Payment of the total amount of all such taxes, interest and

penalties is made;

2.

Security is furnished for payment; or

3.

No part of the assessment remains unabated.

(b)

If a taxpayer files a protest as provided in Section 27 of this Chapter, the taxpayer

nevertheless becomes a delinquent taxpayer upon failure of the taxpayer to appear at any

conference or hearing set for the protest, or upon failure to perfect any available appeal from any

adverse decision, unless the taxpayer makes payment of the total amount of all taxes, including

penalty and interest, assessed and remaining unabated or furnishes security for payment.

§ 11.

Assessment of Taxes; Presumption of Correctness

(a)

If the Tax Commission determines that a taxpayer is liable for taxes that are due

and unpaid and that have not been previously assessed to the taxpayer, the Tax Commission shall

promptly issue a written assessment of the tax to the taxpayer. The notice of assessment shall

identify the nature and amount of taxes claimed, demand payment of the tax, and inform the

taxpayer of the remedies available to the taxpayer.

(b)

Assessments of tax are effective when a notice of tax assessment issued by the

Tax Commission is mailed or delivered in person to the taxpayer against whom the liability for

tax payment is asserted.

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(c)

When taxes have been assessed to a taxpayer and remain unpaid after the date

payment is due, the Tax Commission may demand payment at any time, except as limited by

Section 14 of this Chapter.

(d)

Any property valuation, assessment of taxes or demand for payment made by the

Tax Commission is presumed to be correct, and the taxpayer has the burden of showing the

valuation, assessment or demand is not correct.

§ 12.

Address of Notices; Timely Filing

(a)

Any notice required or authorized by this Chapter to be given by mail is effective

if mailed or personally delivered by the Tax Commission to the taxpayer or other person at the

last address shown in the records of the Tax Commission. Any notice, return, application or

payment required or authorized to be delivered to the Tax Commission by mail shall be

addressed to the Absentee Shawnee Tax Commission, Absentee Shawnee Tribal Complex, 2025

S. Gordon Cooper Drive, Shawnee, Oklahoma 74801.

(b)

All notices, returns, applications or payments authorized or required to be made or

given by mail are timely if mailed on or before the date on which they are required, as shown by

the postmark on the document.

§ 13.

Limitations Period for Assessments and Collections

(a)

No initial assessment of tax may be made by the Tax Commission after three (3)

years have elapsed following the date of the taxable transaction or incident.

(b)

No administrative or judicial action or proceeding shall be initiated to collect

assessed taxes after five (5) years have elapsed following the date on which the tax was assessed.

(c)

Nothing in this section shall relieve a taxpayer from responsibility for taxes

assessed, or proceedings initiated prior to the limitations period, but where the proceedings have

extended beyond the limitations date.

§ 14.

Collection of Taxes; Attorney’s Fees

(a)

The Tax Commission is hereby authorized to bring any necessary action in any

appropriate Court for the collection of any taxes, penalties or interest assessed and unpaid. Such

action shall be civil in nature and all penalties and interest shall be in the form of civil damages

for non payment. Any civil remedies, including but not limited to garnishment, lien, levy,

attachment, and execution, shall be available for the collection of any monies due the Tribe. The

Tax Commission may request the Tribal Attorney to bring any necessary action on behalf of the

Tax Commission.

(b)

If the Tax Commission brings a collection action against a taxpayer and prevails

on any claim, the taxpayer shall be liable for the cost of attorney fees generated by the necessary

action for collection.

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§ 15.

Action to Enjoin Unlicensed Activities

In addition to the remedies available for the collection of monies, the Tax Commission is

authorized to bring an action in any appropriate court to enjoin the beginning or operation of any

unlicensed business, activity, or function when Tribal Law requires a license be issued for such

business, activity, or function.

§ 16.

Seizure of Property by Levy

(a)

The Tax Commission may proceed to collect tax from a delinquent taxpayer by

levy upon all property or rights to property of the taxpayer and the conversion thereof to money

by appropriate and lawful means.

(b)

The Tax Commission may proceed to levy any property declared contraband by

any Section of this Title, or upon which any tax assessed is in excess of sixty (60) days past due.

(c)

A levy is made by taking possession of property pursuant to authority contained

in a warrant of levy or by the service, by the Tax Commission or any law enforcement officer, of

the warrant upon the taxpayer or other person in possession of property or rights to property of

the taxpayer or upon any person owing or who will owe money to the taxpayer, ordering him to

reveal the extent thereof and to surrender it to the Tax Commission forthwith or to agree to

surrender it or the proceeds therefrom in the future, on the terms and conditions stated in the

warrant.

(d)

A warrant of levy shall:

1.

bear on its face a statement of the authority for its service

and compelling compliance with its terms, and shall be

attested by the Tax Administrator;

§ 17.

2.

identify the taxpayer whose liability for taxes is sought to

be enforced, the amount thereof and the date or

approximate date on which the tax became due;

3.

order the person on whom it is served to reveal the amount

of property or rights to property in his possession that

belong to the taxpayer and the extent of his own interest

therein, and to reveal the amount and kind of property or

rights to property of the taxpayer that are, to the best of his

knowledge, in the possession of others;

4.

order the person on whom it is served to surrender the

property forthwith but may allow him to agree in writing to

surrender the property or the proceeds therefrom on a

certain date in the future when the taxpayer's right to it

would otherwise mature;

5.

state on its face the penalties for willful failure of the

person upon whom it is served to comply with its terms;

and

6.

state that the Tribe claims a lien for the entire amount of tax

asserted to be due, including applicable interest and

penalties.

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Inventory of Seized Property

Whenever any authorized person shall seize any property pursuant to this Chapter, he

shall inventory and appraise such property and leave a copy thereof with the person from whom

it was seized, or if such person cannot be found, at the place from which said property was

seized, and deliver a copy of said inventory to the Tax Commission and the Tribal Attorney

General.

§ 18.

Court Action on Levied Property; Redemption

(a)

Within ten (10) days of a seizure by levy, the Tax Commission shall file an action

in Tribal Court against said property alleging the nonpayment of taxes and title thereto vested in

the Tribe.

(b)

Any person claiming ownership, the right to possession or other interest in said

property may intervene in said action and raise any defenses which he may have. The Tax

Commission shall serve any such persons that are known to the Commission with notice of the

court action.

(c)

Any persons claiming an interest or right in seized property may redeem such

property at any time prior to the entry of a final judgment of forfeiture by paying all taxes,

penalties, and interest assessed.

§ 19.

Sale of Seized Property

(a)

Upon a final order of forfeiture entered by the Tribal Court, the Tax Commission

shall circulate an inventory of said property to all divisions of the Tribal Government. Any

agency of the Tribal government may submit a request to the Executive Committee that such

portion of said property as they can use be retained for the benefit of the Tribe. The Executive

Committee shall determine which property will be retained and shall order the Tax Commission

to conduct a public tax sale of the remainder, or to destroy any property which is illegal to

possess in all circumstances.

(b)

The property to be sold shall be sold at public auction at the Tribal headquarters

of the Absentee Shawnee Tribe of Oklahoma. Not less than twenty (20) days notice of a tax sale

shall be posted in the Tribal Administrative headquarters building and published at least twice in

a newspaper of general circulation in the Shawnee, Oklahoma area not less than ten (10) days

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prior to said sale. All funds received at a tax sale after payment of the cost of the tax sale shall

be deposited in the Tribal Treasury.

(c)

The Tax Commission may conduct tax sales at such times as it deems sufficient

property has accumulated to make the sale profitable. The tax liability of any person from whom

property was seized shall be reduced by the amount received at sale plus the fair market value of

the property retained for the benefit of the Tribe minus the costs of seizure and sale.

§ 20.

Exempt Property

The following property shall be exempt from garnishment, attachment, execution and

sale from the payment of taxes, penalties, and interest due the Absentee Shawnee Tribe of

Oklahoma:

(a)

Three-fourths (3/4) of the net wages earned per week by the person or an amount

equivalent to forty (40) times the federal minimum hourly wages per week, whichever is greater;

(b)

($3,000.00);

One automobile of fair market value not exceeding Three Thousand Dollars

(c)

Tools, equipment, utensils, or books necessary to the conduct of the person’s

business but not including stock or inventory;

(d)

Actual Trust or Restricted title to any lands held in trust by the United States or

subject to restrictions against alienation imposed by the United States but not including leasehold

and other possessory interest in such property;

(e)

Any dwelling used as the actual residence of the taxpayer including up to five

acres of land upon which such dwelling is located whether such dwelling is owned or leased by

the taxpayer;

(f)

Household goods, furniture, wearing apparel, personal effects but not including

televisions, radios, electronics, phonographs, tape recorders, firearms, works of art, and other

recreational or luxury items;

§ 21.

(g)

All ceremonial or religious items; and

(h)

Family cemetery plots.

Lien for Taxes

If any taxpayer, liable to pay any tax, neglects or refuses to pay the same after demand,

the amount (including any interest, additional amount, addition to tax, or assessable penalty,

together with any costs that may accrue in addition thereto), shall be a lien in favor of the

Absentee Shawnee Indian Tribe of Oklahoma upon all property and rights to property, whether

real or personal, belonging to such person.

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§ 22.

Period of Lien

Unless another date is specifically fixed by law, the lien imposed by Section 21 of this

Chapter shall arise at the time the assessment is made and shall continue until the liability for the

amount so assessed (or a judgment against the taxpayer arising out of such liability) is satisfied.

§ 23.

Filing of Lien

(a)

The lien imposed by Section 21 of this Chapter shall not be valid as against any

purchaser, holder of a security interest, mechanics lien, or judgment lien creditor until notice

thereof which meets the requirement of Subsection (b) has been filed by the Tax Commission.

(b)

The notice referred to in Subsection (a) shall be filed:

1.

Under Absentee Shawnee Tribal Laws with the Tribal

Court Clerk.

2.

Under State Laws:

(i)

Real Property:

In the case of real property, in one office within the

State (or the county, or other governmental

subdivision) as designated by the laws of such

State, in which the property subject to the lien is

situated; and

(ii)

Personal Property:

In the case of personal property, whether tangible or

intangible, in one office within the State (or county,

or other governmental subdivision), as designated

by the laws of such State, in which the property

subject to the lien is situated.

3.

Status of Property Subject to Lien:

For purposes of paragraph (1), property shall be

deemed to be situated:

(i)

Real Property:

In the case of real property, at its physical

location; or

(ii)

Personal Property:

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In the case of personal property, whether

tangible or intangible, at the residence of the

taxpayer at the time the notice of lien is filed. The

residence of a corporation of partnership shall be

deemed to be the place at which the principal

executive office of the business is located and the

residence of a taxpayer whose residence is without

the Unites States shall be deemed to be in the

District of Columbia.

§ 24.

Release of Lien or Discharge of Property

(a)

Release of Lien: Subject to such regulations as the Tax Commission of the

Absentee Shawnee Tribe of Oklahoma may prescribe, the Tax Commission shall issue a

certificate of release of any lien imposed with respect to any Absentee Shawnee Tribe tax not

later than thirty (30) days after the day on which:

1.

Liability Satisfied or Unenforceable:

The Tax Commission finds that the liability

for the amount assessed, together with all interest in

respect thereof, has been fully satisfied or has

become legally unenforceable; or

2.

Bond Accepted:

There is furnished to the Tax Commission of

the Absentee Shawnee Tribe of Oklahoma and

accepted by them, a bond that is conditioned upon

the payment of the amount assessed, together with

all interest in respect thereof, within the time

prescribed by law (including any extension of such

time), and that is in accordance with such

requirements relating to terms, conditions, and form

of the bond and sureties thereon, as may be

specified by such regulations.

§ 25.

Compromise of Taxes

(a)

At any time after the assessment of any tax, if the Administrator has a good faith

doubt of the liability of the taxpayer for the tax, he may with the approval of the Tribal Attorney

and Tax Commission, compromise the asserted liability for taxes by entering into a written

agreement with the taxpayer that adequately protects the interests of the Tribe.

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(b)

A compromise agreement is conclusive as to liability or non-liability for payment

of assessed taxes relating to the periods covered by the agreement, and except upon a showing of

fraud, or misrepresentation or concealment of a material fact, the agreement shall not be subject

to challenge or modification. For purposes of this Section, "concealment" is the intentional

failure to disclose all information relevant to tax liability.

§ 26.

Exhaustion of Administrative Remedies

No court has jurisdiction to entertain any proceeding by a taxpayer in which he calls into

question his liability for any tax or the application to him of any provision of this Chapter, except

as a consequence of the appeal by the taxpayer to the Tribal Court from the action and order of

the Tax Commission following a protest, as provided in Section 27 of this Chapter.

§ 27.

Administrative Protest

(a)

A taxpayer may dispute the assessment to the taxpayer of any amount of tax, the

application to the taxpayer of any provision of this Title, or the denial of a claim for refund made

in accordance with this Chapter, by filing with the Tax Commission a written protest. Every

protest shall identify the taxpayer and the taxes involved and shall state the grounds for the

protest and the affirmative relief requested.

(b)

Any protest shall be filed within thirty (30) days after:

1.

mailing or personal delivery of a notice of assessment;

2.

denial of a claim for refund made in accordance with

Section 29 of this Chapter; or

3.

failure to either allow or deny a claim for refund made in

accordance with Section 29 of this Chapter within the time

period provided for Tax Commission action.

(c)

A protesting taxpayer must timely pay all accrued tax, penalty and interest on or

before the date the protest is filed. Delinquent taxes may not be paid under protest.

(d)

If a protest is not filed in conformity with this Section, the Tax Commission may

proceed to enforce collection of any delinquent tax.

(e)

Upon timely payment of the protested tax and receipt of a timely protest, the Tax

Commission shall promptly set a date for a hearing on the protest if taxpayer requests a hearing.

The taxpayer shall appear at the hearing, either in person or through representatives of his

choice. The hearing shall not be open to the public, and shall be conducted in an informal

manner. Technical rules of procedure and evidence shall not apply at the hearing, but the

hearing shall be conducted to allow the Tax Administrator and the taxpayer to present their

evidence and positions in a fair and reasonable manner. At the request of the taxpayer or at the

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initiative of the Tax Administrator, the Tax Commission may conduct a pre-hearing conference

to attempt to resolve or narrow any issues raised by the protest.

(f)

Following the hearing, the Tax Commission shall issue a written decision on the

protest summarizing the basis for the decision. The written decision shall include an order

granting or denying the relief requested or granting such part thereof as is appropriate and

supported by evidence and it shall inform the protesting taxpayer of the right to, and the

requirements for perfection of, an appeal from the decision to the Tribal Court and of the

consequences of a failure to appeal. The Tax Commission shall serve the taxpayer with a copy

of the decision by certified mail or in person.

(g)

The Tax Commission shall issue a final decision on the protest within 120 days

after the protest is filed. Failure to issue a final decision within that period shall constitute denial

of the protest.

(h)

A decision of the Tax Commission that grants in whole or in part a tax refund

shall be submitted to and require written signature approval as may be required by tribal law.

§ 28.

Appeals from Tax Commission’s Decision and Order

(a)

If the taxpayer is dissatisfied with the decision and order of the Tax Commission

following the hearing, or if the Tax Commission fails to decide the protest within the time

required by Section 27 (g) of this Chapter, the taxpayer may appeal to the Tribal Court, but only

to the same extent and upon the same theory as was asserted before the Tax Commission. If an

appeal is not so taken, the decision and order of the Tax Commission are final.

(b)

An appeal shall be perfected by filing a notice of appeal with the Clerk of the

Tribal Court, in the form prescribed by the Tribal Court, along with any docketing fee required

by law. The date of filing shall be the date the notice of appeal is received and stamped by the

Court Clerk.

(c)

Simultaneously with the filing of a notice of appeal, the taxpayer shall serve a true

copy thereof on the Tax Commission and on the Governor of the Tribe. A certificate stating the

date and manner of service shall be filed with the notice of appeal.

(d)

The notice of appeal must be filed within thirty (30) days from the date the

decision and order of the Tax Commission is served on the taxpayer or from the date the protest

is deemed denied under Section 27 (g) of this Chapter.

(e)

All appeals shall be upon the record made within the Tax Commission, unless the

Tribal Court, on motion of the taxpayer or the Tax Commission permits an evidentiary hearing to

supplement the record. Any motion requesting an evidentiary hearing must be filed within

fifteen (15) days following the date of filing the notice of appeal. If the court grants the motion,

an evidentiary hearing shall be scheduled and notice of the hearing shall be served on the

taxpayer and the Tax Commission no less than twenty (20) days prior to the date of the hearing.

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(f)

Except as otherwise provided in this Chapter, the rules of procedure and evidence

applicable to civil proceedings in the Tribal Court shall apply to the appeal.

(g)

The Tribal Court shall independently weigh the evidence of record to assure that

the applicable tax laws are lawfully administered, and shall issue a written decision on the

appeal.

(h)

Nothing in this Chapter shall authorize the Tribal Court to enter any money

judgment against the Tax Commission or any other agency of the Tribe other than an order to

refund the amount of any tax, interest or civil penalty erroneously paid by the taxpayer. Any

refund may, in the discretion of the Tax Commission, be in the form of a credit against future tax

payments or in cash.

(i)

The decision of the Tribal Court may be appealed to the Supreme Court of the

Absentee Shawnee Tribe. Amended 9/11/02 by Resolution LAS-2002-37.

(j)

A decision of the Tribal Court that grants in whole or in part a tax refund to the

taxpayer requires written signature approval as may be required by tribal law for the issuance of

the refund check.

§ 29.

Claims for Refund

(a)

Any person who believes that he has paid a tax subject to this Chapter in excess of

the amount for which he is liable, other than in response to an assessment by the Tax

Commission, may apply for a refund within three (3) years from the date the tax was paid. The

taxpayer has the burden of proving that the tax has been erroneously paid.

(b)

Every claim for refund shall be filed as a fully completed amended tax return,

shall state the nature of the claim and shall contain information sufficient to allow processing of

the claim. Filing a fully completed amended tax return that shows a lesser tax liability than the

original return constitutes the filing of a claim for refund for the difference in the tax due shown

on the original and amended returns.

(c)

In response to a claim for refund, the Tax Commission may authorize the refund

to a taxpayer of the amount of any overpayment of tax determined by the Tax Commission to

have been erroneously made by the taxpayer, together with allowable interest as described in

Section 30 of this Chapter.

(d)

The Tax Commission shall issue a written decision on the claim within sixty (60)

days after the claim is filed. If the claim is denied in whole or in part, the taxpayer may, within

thirty (30) days after mailing of the decision, file a written protest of the denial. If the Tax

Commission has not decided the claim within sixty (60) days after the claim is filed, the claim

shall be deemed denied. Any protest filed under this Section shall be subject to the procedures

established by Sections 27 and 29 of this Chapter.

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(e)

Any refund may in the discretion of the Tax Commission be in the form of a

credit against future tax payments or in cash.

§ 30.

Interest on Taxes Erroneously Collected

If any tax shall be found to be erroneously or illegally collected, interest at the rate of

four (4%) percent per annum, computed at the rate of thirty-three hundredths of one percent (.33)

percent per month or any fraction thereof, shall be allowed on the amount erroneously or

illegally collected. Interest shall begin to accrue sixty (60) days after a claim for refund is filed

with the Tax Commission.

§ 31.

Collection of Interest and Civil Penalties

(a)

Any interest and civil penalties imposed under this Chapter may be collected with

the amount of tax to which it relates, without separate assessment.

(b)

The Tax Commission may, in its discretion, issue separate assessments of civil

penalties for late filing or non-filing of returns or reports. Any such assessment shall be subject

to the provisions of this Chapter governing tax assessment.

§ 32.

Interest on Deficiencies

(a)

If any tax subject to this Chapter is not paid on or before the date on which it

becomes due, interest shall be paid to the Tribe on such amount from the first day following the

day on which the tax becomes due, without regard to any extension of time, until it is paid;

Provided that, if demand is made for payment of any tax, including accrued interest, and if such

tax, including accrued interest, is paid within ten (10) days after the date of such demand, no

interest on the amount so paid shall be imposed for the period after the date of the demand.

(b)

Interest due the Tribe under this Section shall be at the rate of twelve percent

(12%) per annum, computed at the rate of one percent (1%) per month or any fraction thereof.

(c)

§ 33.

Interest shall not be imposed on interest or on civil penalties.

Civil Penalties

(a)

In the case of failure, due to negligence or disregard of applicable Chapters and

regulations, but without intent to defraud, to pay when due any amount of tax required to be paid

there shall be added to the amount of tax as penalty two percent (2%) of the amount of tax due,

for each month or any fraction of a month from the date the tax was due until paid, but not to

exceed twelve percent (12%) of the tax due.

(b)

In the case of failure, with intent to defraud the Tribe, to pay when due any

amount of tax required to be paid, there shall be added to the amount of tax as penalty fifty

percent (50%) of the tax due for every year, or fraction thereof, the tax remains unpaid.

2-14

(c)

In the case of failure, due to negligence or disregard of applicable Chapters and

regulations, but without intent to defraud, to file by the date required a return or other report

regardless of whether any tax is due, there shall be added to the amount of tax as penalty fifty

dollars ($50.00) for each delinquent return or report.

(d)

If any payment required to be made under this Chapter is attempted to be made by

check which is not paid upon presentment, such dishonor shall be deemed proof of negligence

for purposes of subsection (a) of this Section.

§ 34. Attempts to Evade or Defeat Tax

(a)

Any taxpayer who willfully attempts to evade or defeat any tax or the payment

thereof, in addition to other penalties provided by this Chapter, shall be subject to a civil penalty

assessment of not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars

($10,000.00).

(b)

The civil penalty assessment authorized by this Section may be imposed by the

Tribe Court in a civil proceeding initiated by the Tax Commission against the taxpayer.

§ 35.

Intent to Defraud

Any taxpayer who defrauds or attempts to defraud the Tribe in relation to compliance

with the Tribal Tax Laws and Regulations, in addition to other penalties, shall be subject to a

civil penalty assessment of not less than one thousand ($1,000.00) or more than twenty thousand

($20,000.00) dollars. The repeated use of checks that are not paid upon presentment shall be

considered fraudulent activity subject to the penalty set forth in this Section.

§ 36. Timeliness when Last Day for Performance Falls on Saturday, Sunday or Legal

Holiday

When by any provision of this Chapter the last day for performing any act falls on a

Saturday, Sunday or a legal holiday recognized by the Tribe, the performance of the act shall be

considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday

or a legal holiday.

§ 37.

Limited Waiver of Sovereign Immunity

Any challenge to the validity or application of any tax subject to this Chapter may be

brought only in the courts of the Tribe, and only in accordance with the procedures established

by this Chapter. The Tribe grants a limited waiver of sovereign immunity from suit for the

purpose of filing an appeal in Tribal Court as provided in Section 28 of this Chapter. The Tribe

does not waive its sovereign immunity from suit in the courts of any other jurisdiction for any

claim arising from the administration or enforcement of any tax subject to this Chapter.

2-15

§ 38.

Forgery of Licenses; Civil Penalty

Any person who falsely or fraudulently forges, embezzles, steals, knowingly converts,

knowingly misapplies, or permits to be misapplied or counterfeits any stamps, tags, licenses, or

other instrument evidencing payment of taxes prescribed for use in this Title or who shall use,

pass, tender as true, or otherwise be in possession of any unauthorized, false, altered, forged,

counterfeited, or previously used instrument for the purpose of evading the payment of taxes

imposed by this Title shall be subject to a civil penalty of not less than Five Hundred Dollars

($500.00) or more than Ten Thousand Dollars ($10,000.00) for each such violation. Each such

counterfeited, embezzled, stolen, converted, misapplied or forged stamp or other instrument shall

constitute a separate violation. Amended 9/11/02 by Resolution LAS-2002-37.

2-16

SUBCHAPTER 2.1 - ADMINISTRATIVE PROTESTS

Rule 2.1.1

(a)

Administrative Protests, How taken

Any taxpayer desiring to protest a tax decision or assessment shall file an

application for hearing, signed by the taxpayer or the taxpayer’s duly authorized agent, setting

out therein:

(1)

A statement of the nature of the tax, the amount thereof in controversy,

and the action complained of with the date of such action.

(2)

A clear and concise assignment of each alleged error. The taxpayer shall

be limited to the assignments of error stated, provided that in the interest of justice

the Commission may allow amendment of the application to include additional

assignments of error.

(3)

The argument and legal authority upon which each assignment of error is

made; provided, that the applicant shall not be bound or restricted in such hearing,

or on appeal, to the argument and legal authorities contained and cited in said

application.

(4)

A statement of the relief sought by the taxpayer.

(5)

A statement of the witnesses, so far as such witnesses are then known to

the taxpayer, showing their names and addresses, and, if the taxpayer so desires, a

request that such witnesses be subpoenaed.

(6)

A verification by such person, or his duly authorized agent, that the

statements and facts therein contained are true.

(7)

The taxpayer’s full name, his taxpayer number if any, and the complete

address at which he may be served documents on the protest with his telephone

number or the telephone number of his attorney or advocate. All papers mailed to

the address supplied by the taxpayer in his application for hearing, or supplied by

him later in writing, shall be deemed served at the time of mailing.

Rule 2.1.2

Setting Protest for Hearing

If, in any proper application for a hearing, the taxpayer shall request an oral hearing, the

Tax Commission shall grant such hearing, and shall advise the taxpayer by written notice of the

date, time, and place of the hearing. The date set for the hearing shall be at least thirty, and not

more than sixty days from the date of receipt of the written request for an oral hearing contained

in the application for protest. At least fifteen days notice of the hearing shall be given to the

taxpayer by certified mail, return receipt requested. In the event that the taxpayer does not

2-1-1

request a. hearing, the Commission may set the matter for hearing or may decide the protest on

the written briefs as it deems appropriate.

Rule 2.1.3

File Documents Part of Record

The Administrator shall, at least ten (10) days prior to the date set for hearing, or within

thirty (30) days of the filing of the protest if no oral hearing is requested, prepare a complete file

record containing all correspondence, tax returns, statements, or other document relative to the

protest for inclusion in the record, and mail a copy thereof to the taxpayer. The taxpayer shall

have the right to review such file record and to offer supplementary material or challenge the

relevancy of any of the materials contained in the file record. The file record shall be indexed

chronologically by date and shall become a part of the record of the protest.

Rule 2.1.4

Brief by Commission

Within thirty (30) days of the filing of the application for protest containing the

arguments and authority relied upon by the taxpayer, the Administrator of the Tax Commission

shall respond or cause the tribal prosecutor or attorney to respond thereto in writing. Such time

period may be extended by order of the Chairman of the Tax Commission in his discretion, or

some Tax Commission member acting upon his behalf or at his direction, upon application.

Rule 2.1.5

Response by Taxpayer

Within fifteen (15) days of the filing of the brief by the Tax Commission, the taxpayer

may file this response thereto. Such time period may be extended by order of the Chairman of

the Tax Commission at his direction, or some Tax Commission member acting upon his behalf

or at his direction, upon application.

Rule 2.1.6

Subpoenas

(a)

Issuance. Subpoenas for attendance of witnesses or production of documents or

things shall be issued by the Tax Administrator or any member of the Tax Commission.

Subpoenas for use in a protest will be issued on motion of a party. A motion to subpoena

witnesses may not be denied, provided that the party requesting the subpoena, if they wish for a

record of the services thereof to be maintained, shall prepay:

(1)

The certified mailing fees for such subpoena if they wish for the subpoena

to be served by certified mail, or;

(2)

A deposit against the total cost of service mileage charged by the Tribal

Police for service of subpoenas in the amount of not less than Ten Dollars

($10.00) for each subpoena, which deposit shall be credited against any service

fees earned by the Tribal Police and the balance, if any, returned to the payor, or;

(3)

Service of such subpoenas may be made by any person authorized to serve

process in the Tribal Court, or a person appointed by one of the Tax

Commissioners for that purpose at the request of a party, and the party requesting

2-1-2

service of the subpoena in such manner shall pay the process server in such

manner as they may mutually determine. In all such cases, the person serving the

subpoena shall make due return of the subpoena within ten (10) days of service

thereof.

(b)

Service. Subpoenas may be served in any manner in which a civil complaint and

summons, or subpoena may be served in the Tribal Court.

(c)

Failure to Appear. A person who has been properly served with a subpoena and

fails to appear or produce, without lawful cause, such documents as may be listed in the

subpoena, may be deemed to be in contempt of the Tax and the Tax Commission, and the Tax

Commission in such cases shall, at the request of the party in whose behalf the subpoena was

issued, file an application with the Tribal Court for an order of the Court enforcing such

subpoena. If the party issuing such subpoena is the taxpayer and he requests enforcement thereof,

he may be required, as condition thereto, to waive in writing his right to a speedy hearing and/or

determination of the protest.

(d)

Subpoena Unnecessary. A person present at any hearing on a taxpayer protest

may be required to testify in the same manner as if he were in attendance upon a subpoena.

Rule 2.1.7

Form of Subpoenas.

All subpoenas shall be in substantially the same form as attached to these regulations.

Rule 2.1.8

Role of the Tax Commissioners at the Hearing

The role of the Tax Commissioners in all hearings of the Tax Commission shall be that of

finders of fact and interpreters of the law. As such they should hear the evidence submitted by

the parties, review the record, and decide from the evidence and the record submitted to them all

questions of fact and law presented. It is improper for a Commission member to participate or

assist a party in presenting his case before the Commission. However, it is proper for a

Commission member to question any witness (after both parties have finished their questioning),

the parties, or their counsel, in order to clarify any questions that Commission members may

have. A member of the Commission should not discuss the case with either party unless the other

party is also there to participate in the discussion.

Rule 2.1.9

Questions Not Addressed By Rules

All matters of procedure not addressed by these rules shall be subject to order of the

Commission entered upon request of a party in a particular protest. In all cases wherein the

procedure is not governed by the Code or these rules, the Tax Commission may proceed in any

lawful manner.

2-1-3

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

REQUEST FOR EXTENSION OF TIME

Name of Taxpayer

Federal Tax I.D. # or Social Security #

Address

City

State

Zip

Telephone Number

Contact Name

To the Absentee Shawnee Tax Commission:

I hereby request an extension of time to:

‫ ڤ‬File

‫ ڤ‬Pay

‫ ڤ‬Both

Taxes due on the following Absentee Shawnee Tax Commission tax return:

‫ ڤ‬Sales and Lodger’s Tax

‫ ڤ‬Possessory Interest Tax

‫ ڤ‬Gaming Tax

‫ ڤ‬Severance Tax

‫ ڤ‬Earnings Tax

‫ ڤ‬Other (Please Specify)

for the time period beginning

and ending

.

Reason(s) for request (Please attach additional information as needed):

I declare under the penalties of law pursuant to the provisions of the Licensing and Tax Code, that the

information contained in this form is true and correct.

Signature

Title

Date*

*This request must be filed (received by the Tax Commission) on or before the date of the return or payment. AST-TAX Ch. 2, § 9.

Request for Extension of Time 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

Name

Address

City, State, ZIP

Re:

Request for Extension of Time to File Tax Return; Filing Period

Dear Taxpayer:

Your request for an extension of time for filing tax returns has been granted. Your [type of

tax] tax return previously due on

is/are now due on

. As a condition of extension

time, you are hereby required to submit the following security:

In addition, please note that, pursuant to Chapter Two, Section 9(e) of the Absentee

Shawnee Licensing and Tax Code, extensions of time do not prevent the accrual of interest on

taxes due.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Letter Granting Extension to File Reports 008/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

Name

Address

City, State, ZIP

Re:

Request for Extension of Time To File Tax Return; Filing Period

Dear Taxpayer:

Your request for an extension of time for filing tax returns has been denied.

Pursuant to Chapter Two, Section 9(e) of the Absentee Shawnee Licensing and Tax Code,

the failure to file a tax return, or the filing of an incomplete or otherwise inadequate tax return

may result in the computation and assessment of the tax or additional penalties by the Tax

Commission.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Letter Denying Extension of Time to File Reports 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

Name

Address

City, State, ZIP

Re:

Request for Extension of Time To Pay Tax; Filing Period

Dear Taxpayer:

Your request for an extension of time to pay taxes due has been granted.

payment for Filing Period

is now due on

.

Your tax

In addition, please note that, pursuant to Chapter Two, Section 9(e) of the Absentee

Shawnee Licensing and Tax Code, extensions of time do not prevent the accrual of interest on

taxes due.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Letter Granting Extension of Time to Pay Taxes 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

Name

Address

City, State, ZIP

Re:

Request for Extension of Time To Pay Tax; Filing Period

Dear Taxpayer:

Your request for an extension of time to pay taxes due has been granted.

payment for Filing Period

is now due on

.

Your tax

In addition, please note that, pursuant to Chapter Two, Section 9(e) of the Absentee

Shawnee Licensing and Tax Code, extensions of time do not prevent the accrual of interest on

taxes due.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Letter Granting Extension of Time to Pay Tax 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

Name

Address

City, State, ZIP

Re:

Request for Extension of time To Pay Tax; Filing Period

Dear Taxpayer:

Your request for an extension of time to pay taxes has been denied.

Your tax payment for Filing Period

is due on

.

Pursuant to Chapter Two, Section 14 of the Absentee Shawnee Licensing and Tax Code,

failure to pay the assessed taxes may prompt the Tax Commission to seek civil remedies.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Letter Denying Extension of Time to Pay Tax 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

Name

Address

City, State, ZIP

Re:

Notice of Delinquent Taxes

Dear Taxpayer

Your [Type of Tax] payment for the Filing Period

in the amount

of $

was due on

. To date, the Tax Commission has not received

your payment.

You are now

days delinquent in the payment of these taxes. Pursuant to Chapter

Two, Section 21 of the Absentee Licensing and Tax Code, the Tax Commission is empowered to

claim a lien for the entire amount due, including applicable interest, addition and penalty. This

lien will attach to all property and rights to property belonging to you, whether real or personal.

Taxes past due for Filing Period

=

$

Late Payment Penalty

=

$

=

$

=

$

Interest on past due taxes (

% per month x

months)

TOTAL AMOUNT DUE TO DATE

Additional interest will continue to accrue until full payment of the taxes has been made.

Please remit the total amount due within

days of the date of this letter. If the Tax

Commission has not received your payment by that date, the Commission will file a tax lien

against your property.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Notice of Delinquent Taxes 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

Name

Address

City, State, ZIP

Re:

Notice of Tax Assessment

Dear Taxpayer:

The Absentee Shawnee Tax Commission has determined that you are liable for

[Sales/Lodger’s/Possessor Interest/Gaming/Severance/Earnings] taxes due and unpaid for the tax

period

to

in the amount of

,

with penalties and interest in the amount of

. Payment of this tax is due on

.

Pursuant to Section 11 of Chapter 2 of the Absentee Shawnee Licensing and Tax Code,

any property valuation, assessment of taxes or demand for payment made by the Tax

Commission is presumed to be correct, and the taxpayer has the burden of showing that this

assessment is not correct.

If you dispute any or all of the tax assessed above, a written administrative protest may be

filed with the Tax Commission within thirty (30) days after the mailing of this assessment. All

disputed taxes, penalties and interest must be timely paid on or before such a protest is filed,

pursuant to Section 27 of Chapter 2 of the Licensing and Tax Code.

Sincerely yours,

Absentee Shawnee Tax Commission

By:

Tax Administrator

Notice of Tax Assessment 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

NOTICE OF TAX LIEN

Taxpayer:

Date:

Lien No.:

The Absentee Shawnee Tribe of Oklahoma Tax Commission, with an address of 2025 S.

Gordon Cooper Drive, Shawnee, OK 74801 (“Lien Holder”), has filed a tax lien on property of

, of [address] (“Owner”). This lien was recorded on [date], on [list

where lien was recorded].

The above lien secures claims of the Lien Holder against the Owner to satisfy payment of

taxes, interest, addition and penalty due to the Lien Holder pursuant to provisions of the

Absentee Shawnee Licensing and Tax Code.

The above lien attaches to all property and rights to property belonging to the Owner,

whether real or personal, wherever it may be located.

The person executing this Notice of Tax Lien on behalf of the Lien Holder is duly

authorized to execute this document.

ABSETNEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Notice of Tax Lien 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

RELEASE OF TAX LIEN

(When Claim is Satisfied)

Taxpayer:

Date:

Lien No.

The Absentee Shawnee Tribe of Oklahoma Tax Commission, with an address of 2025 S. Gordon

Cooper Drive, Shawnee, OK 74801 (“Lien Holder”), filed a tax lien on property of

,

of [address] (“Owner”). This lien was recorded on [date], on [list where lien was recorded].

The property is described as follows: [insert description of property]

The above lien secured claims of the Lien Holder against the Owner to satisfy payment of taxes,

interest, addition and penalty due to the Lien Holder pursuant to provisions of the Absentee Shawnee

Licensing and Tax Code.

Now, in consideration of $

and other valuable consideration paid by the Owner,

the receipt and sufficiency of which are acknowledged, the Lien Holder hereby:

1.

Releases, discharges and terminates the above lien and certifies that the claim secured

thereby has been fully paid and satisfied.

2.

Releases to the Owner all right, title and interest that the Lien Holder may have acquired in

and to the above property by reason of this lien; and

3.

Authorizes and directs the County Clerk of

and cancel the lien of record.

County to discharge

This instrument shall bind the Lien Holder and its heirs, legal representatives, successors and

assigns. This instrument shall inure to the benefit of the Owner and its heirs, legal representatives,

successors and assigns.

The person executing this notice of Tax Lien on behalf of the Lien Holder is duly authorized to

execute this document.

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Release of Tax Lien (When Claim is Satisfied) 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

RELEASE OF TAX LIEN

(Secured by Bond)

Taxpayer:

Date:

Lien No.:

The Absentee Shawnee Tribe of Oklahoma Tax Commission, with an address of 2025 S. Gordon Cooper

Drive, Shawnee, OK 74801 (“Lien Holder”), filed a tax lien on property of

, of

[address] (“Owner”). This lien was recorded on [date], on [list where lien was recorded].

The property is described as follows: [insert description of property]

The above lien secured claims of the Lien Holder against the Owner to satisfy payment of taxes, interest,

addition and penalty due to the Lien Holder pursuant to provisions of the Absentee Shawnee Licensing and Tax

Code.

Now, in consideration of a bond furnished to and accepted by the Tax Commission of the Absentee

Shawnee Tribe, a bond conditioned upon the payment of the amount assessed, together with all interest in

respect thereof, the receipt and sufficiency of which is acknowledged, the Lien Holder hereby:

1.

Releases, discharges and terminates the above lien and certifies that the claim secured thereby has

been secured by the accepted bond;

2.

Releases to the Owner all right, title and interest that the Lien Holder may have acquired in and to

the above property by reason of this lien; and

3.

Authorizes and directs the County Clerk of

And cancel the lien of record.

County to discharge

This instrument shall bind the Lien Holder and its heirs, legal representatives, successors and assigns.

This instrument shall inure to the benefit of the Owner and its heirs, legal representatives, successors and

assigns.

The person executing this Notice of Tax Lien on behalf of the Lien Holder is duly authorized to execute

this document.

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Release of Tax Lien (Bond) 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

REGISTER OF TAX LIENS

Lien No.

Taxpayer

Amount

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Date Issued

Date Released

Page

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

of

Register of Tax Liens 11/01

INVENTORY OF SEIZED PROPERTY

Page

of

Name of Taxpayer

Federal Tax I.D. or Social Security #

Address

City

No.

State

ZIP

Telephone Number

Contact Name

Description

Value

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Seized by:

Date:

Inventory of Seized property 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

STATEMENT OF WITNESSES

1.

Name of Witness:

Address:

Do you wish to subpoena this witness? Yes/No

Statement of Witness:

2.

Name of Witness:

Address:

Do you wish to subpoena this witness? Yes/No

Statement of Witness:

BEFORE THE TAX COMMISSION

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

IN THE MATTER OF THE

ADMINISTRATIVE APPEAL OF

(Name of Taxpayer)

)

)

)

)

Tax Appeal No.

NOTICE OF HEARING

Notice is hereby given that a hearing will be held on

in the

(Place)

(Date)

, at

(Time)

, for the following purpose:

Name and Title of Person Distributing Notice

Notice has been mailed to the following parties: (Initials of Person Distributing Notice)

Names and Addresses

of Parties being Notified

,

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

Notice of Hearing 11/01

[Date]

[Name]

[Address]

[City, State, Zip]

Re: Claim for Refund

Dear [Taxpayer],

Your claim for refund has been granted. A refund in the amount of $

is to be

remitted to you in the form of [a credit against future tax payments or the enclosed check].

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Letter Granting Claim for Refund 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

[Date]

[Name]

[Address]

[City, State, Zip]

Re: Claim for Refund

Dear Taxpayer:

Your claim for refund has been [denied/partially granted],

A refund in the amount of $

, including interest in the amount of

$

is to be remitted to you in the form of [a credit against future tax payments

/ the enclosed check].

Pursuant to Section 29 of Chapter 2 of the Absentee Shawnee Licensing and Tax Code,

you may file a written administrative protest of this denial within thirty days after the mailing of

this decision.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

By:

Tax Administrator

Letter Denying Claim for Refund 08/02

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. Gordon Cooper Drive

Shawnee, OK 74801

ADMINISTRATIVE PROTEST AND APPLICATION FOR HEARING

Date¹:

Name of Taxpayer

Federal Tax I.D. or Social Security #

Address

City

State

ZIP

Telephone Number

Contact Name

To the Absentee Shawnee Tax Commission:

I hereby file a formal protest with the Tax Commission pursuant to the Absentee Shawnee

Licensing and Tax Code, Chapter 2, Section 27, against:

‫ڤ‬

Assessment Notice issued

, for

of $

, and penalties and interest in the amount of $

‫ڤ‬

Denial of Claim for Refund, dated

‫ڤ‬

Other (Please explain)

taxes, in the amount

, if applicable.

.

1.

Assignments of Error (Please state each error separately and concisely. Appeals will be limited

to the following stated assignments of error. Attach additional information as needed):

2.

Argument and Legal Authority upon which appeal is made:

¹ Protests shall be filed with 30 days after 1) the mailing or personal delivery of a notice of assessment; 20 denial of

a claim for refund made in accordance with Section 29 of Chapter 2 of the Licensing and Tax Code; or 3) failure to either allow

or deny a claim for refund in accordance with Section 29 of Chapter 2 of the Licensing and Tax Code within the time period

provided for Tax Commission action.

BEFORE THE TAX COMMISSION

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

IN THE MATTER OF THE

ADMINISTRATIVE APPEAL OF

(Name of Taxpayer)

)

)

)

)

Tax Appeal No.

SUBPOENA

THE ABSENTEE SHAWNEE TRIBE OF OKLHAOMA TO:

(Insert Name and Address of Witness)

You are hereby commanded to appear at a hearing before the Tax Commission of the

Absentee Shawnee Tribe of Oklahoma in the above entitled matter at the hour of

o’clock

.m. on the

day of

, 20

at the Absentee Shawnee Tribal Complex,

2025 South Gordon Cooper Dr., Shawnee Oklahoma 74801, and to remain in attendance

thereafter until released by the Commission so that you may present testimony in this action as

requested by

.

You are further ordered to bring to this hearing the following books, records, documents,

or things in you possession or under your control:

(Insert the physical evidence the witness is to bring if such is requested in the motion.)

IF YOU FAIL TO APPEAR AS REQUIRED, YOU MAY BE SUBJECT TO CIVIL

COMTEMPT, PUNISHED OR PENALIZED BY LAW.

Tax Administrator

RETURN OF SERVICE

I hereby certify that on the

day of

, 20

at the hour of

o’clock .m., I served the above named

, with a copy of this

subpoena at (describe the place of service) by (describe manner of service).

Subpoena 08/02

CHAPTER THREE

SALES AND LODGERS’ TAX; BUSINESS LICENSES

§ 1.

Short Title

This chapter is known as the Absentee Shawnee Sales and Lodger’s Tax and Business

Licenses.

§ 2.

Definitions

For the purposes of this chapter:

(a)

“Gross Receipts” means the total amount of money or the value of other consideration

received from performing services or selling tangible personal property within the Tribe’s

jurisdiction and includes, but is not limited to, any receipts from sales of tangible personal property

handled on consignment, receipts from leases or rentals of tangible personal property, receipts from

rental or leases of lodging, hotel rooms and amenities, admission to any place of recreation or

entertainment, but excludes cash discounts allowed and taken.

(b)

“Gross Taxable Rent” means the total amount paid for lodging, not including the gross

receipts tax assessed on the gross receipts from the sale of lodging services.

(c)

“Lodging” means the transaction of furnishing rooms or other accommodations

(“lodgings”) by a vendor to a vendee who for rent uses, possesses or has the right to use or possess

any rooms or rooms or other unit of accommodation in a hotel, motel, resort, lodging house or other

premises used for lodging of less than (30) days.

(d)

“Person” means any individual, sole proprietorship, firm, partnership, joint venture,

non-profit organization, association, corporation, estate, trust, political entity or other identifiable

entity, including tribally owned corporations and businesses.

(e)

“Sales Price” means the amount paid or charged for tangible personal property or other

taxable items or service.

(f)

“Tangible Personal Property” means all goods, wares, merchandise, produce,

commodities and all tangible or corporeal things and substances which are capable of being

possessed or exchanged.

(g)

“Vendee” means any person paying for goods or services received.

3-1

(h)

transaction.

§ 3.

“Vendor” means any person receiving any payment or consideration upon any taxable

Imposition and Rate of Sales Tax

Except as otherwise provided in this ordinance, for the privilege of engaging in business

within the Tribal jurisdiction, a sales tax equal to six percent (6%) of gross receipts is hereby

imposed on any person engaging in business within the Tribe’s jurisdiction. This tax shall be known

as the sales tax. Amended 2/1/08 by Resolution LAS-2008-06.

These rates may be changed from time to time by resolution of the Executive Committee.

§ 4.

Exemptions

The following sales are exempt from the taxes imposed by this chapter:

(a)

Sales of livestock or agricultural goods;

(b)

Sales to the Tribe, its governmental entities and political subdivisions, and triballyowned enterprises or businesses;

(c)

Leasing or rental of real property for residential purposes, including mobile home lots;

(d)

Leases of trust land or trust resources;

(e)

Sales by Absentee Shawnee Tribal members of traditional arts and crafts made by

Absentee Shawnee Tribal members; Amended 9/11/02 by Resolution LAS-2002-37.

(f)

Itinerant sales by Absentee Shawnee Tribal members where the total amount of such

sales of goods do not exceed five thousand dollars ($5,000.00) a year. Amended 9/11/02 by

Resolution LAS-2002-37.

(g)

Sales to military veterans who possess a valid Veterans Disability Sales Tax

Exemption Card. The exemption card must be presented at the time of purchase. Added 2/1/08 by

Resolution LAS-2008-06.

§ 5.

Vending Machine Sales and Installment Sales

(a)

The Commission shall require a vendor to pay the tax imposed by this chapter upon

sales made through vending machines and similar devices.

(b)

In the case of installment sales of tangible personal property, the vendor shall collect

and remit the tax imposed by this chapter upon the principal amount of each installment of the

purchase price at the time the installment is paid.

3-2

§ 6.

Imposition and Rate of Lodger’s Tax

There is hereby imposed a tax on lodging of five percent (5%) of the gross taxable rent. The

lodger’s tax is in addition to the tax imposed on gross receipts from the sale of lodging and other

services.

§ 7.

Collection of Tax; Assessment; Penalties

(a)

The vendor shall add the sales and lodging tax to the purchase price and give the

purchaser a receipt for the tax collected, which shall be stated separately from the purchase price.

The receipt is prima facie evidence that the purchaser has paid and the vendor has collected the tax.

(b)

Every person selling property or providing services within the Tribe’s jurisdiction is

responsible for the collection and payment of the taxes imposed by this chapter.

(c)

Any vendor who fails to collect the tax imposed or having collected the tax fails to

pay it to the Tax Commission, whether such failure is the result of the vendor’s acts or the result of

acts or conditions beyond the vendor’s control, shall be personally liable to the Tribe upon

assessment by the Tax Commission for the amount of the tax plus interest at the rate specified in the

Tax Administration chapter and a penalty imposed by the Commission of an amount not to exceed

fifty percent (50%) of the taxes due.

§ 8.

Payment of Tax; Records

(a)

Every vendor engaging in the taxable transaction under this chapter shall, on or before

the 15 day of the month succeeding the end of each monthly period, prepare a return for the

preceding monthly period, setting forth the amount of all sales, exempt sales, taxable sales, the

amount of sales tax due thereon, and such other information as the Tax Commission may require,

and sign and file the return with the Tax Commission.

th

(b)

The sales and/or lodger’s tax as computed in the return shall be based upon the total

non-exempt sales made during the month, including both cash and charge sales. The return shall

compute the sales tax on the purchase price, and separately compute the lodger’s tax, if applicable,

on the gross taxable rent, excluding the sales tax. A credit shall be allowed for all taxes remitted to

the purchaser upon the refund of the purchase price paid for tangible personal property or other

taxable items or services returned to the vendor.

(c)

Every vendor shall pay the sales and/or lodger’s taxes collected during a calendar

month to the Commission at the same time the return for the calendar month is submitted.

(d)

Each vendor engaging in any taxable transaction under this ordinance shall: (i) keep

and preserve records of all sales made and other books or accounts necessary to determine the

amount of tax due under this ordinance; (ii) keep and reserve for a period of five (5) years all such

3-3

records, books, invoices and other records; and (iii) open all such records for examination at any time

by the Tax Administrator or its duly authorized representative or agent.

§ 9.

Business License; Issuance and Revocation

(a)

As a condition of doing business within the Tribe’s jurisdiction, any person who

engages in business within the Tribal jurisdiction and is required to pay the sales and/or lodger’s tax

imposed by this chapter, shall obtain a business license from the Tax Commission. This license shall

be granted and issued by the Tax Commission upon filing of an application setting forth the name of

the business, its address, the ownership of the business, the type of business, and the federal

identification number or social security number. License registrations must be renewed by January 1

of each year, along with any information necessary to update the application. The license is not

assignable and is valid only for the person in whose name it is issued until that person ceases to do

business, or until the license is revoked by the Tax Commission.

(b)

Whenever a holder of a business license fails to comply with the provisions of this

title, the Tax Commission, after giving ten (10) days notice in writing of the time and place of

hearing to show cause why the registration should not be revoked, may hold a hearing and determine

to revoke or suspend the business license.

(c)

A vendor doing business within the Tribe’s jurisdiction is entering into a consensual

relationship with the Tribe. The vendor is agreeing to submit to the jurisdiction of the Tribe, its law

and courts. The business license will reflect this agreement.

(d)

The licensing fee shall be one hundred dollars ($100.00) and must be paid upon

submission of the application. Amended 2/1/08 by Resolution LAS-2008-06.

(e)

A person required to obtain a license must file the application no later than 5 business

days prior to commencing business within the Tribal jurisdiction.

§ 10.

Final Sales Tax Return – Return of Registration

Any person operating under a business license shall upon discontinuance of business, file a

sales tax return clearly labeled “FINAL RETUN”, and attach thereto their business license for

cancellation, together with a remittance for any unpaid or accrued taxes within the time set by law for

filing their next regular sales tax return.

§ 11.

Failure to Comply with Tax Law and Regulations

In addition to any other penalty set forth in this title, the Commission may refuse to issue a

business license to any person who fails to comply with the tax laws and regulations.

3-4

§ 12.

Use of Funds

The six percent (6%) of gross receipts sales tax shall be deposited in the Tribal Treasury.

Amended 2/1/08 by Resolution LAS-2008-06.

3-5

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

APPLICATION FOR BUSINESS LICENSE

1.

Name of Business

Federal Tax I.D. # or Social Security #

Business Address

City

State

ZIP

Business Phone:

Contact Name

Home Phone:

2.

Principal Owner(s) of Business:

3.

Type of Business:

4.

Other:

The $100.00 mandatory licensing fee is required to be submitted when this application is filed.

Application must be filed no later than 5 business days prior to commencing business within the jurisdiction of the

Absentee Shawnee Tribe.

All License Registrations must be renewed by January 1 of each year. License is not assignable and is valid only for

the person whose name it is issued until that person ceases to do business or changes his business address, or until

the license is revoked by the Tax Commission.

I declare under the penalties of law pursuant to the provisions of the Licensing and Tax Code, that the information

contained in this application is true and correct. I acknowledge that as a vendor doing business within the Tribe’s

jurisdiction, I am entering into a consensual relationship with the Tribe and am subject to its laws, regulations and

jurisdiction. By signing this application, I am agreeing to submit to the jurisdiction of the Tribe, its Laws and

Courts.

Signature

Title

Date

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

Business License

Issued to:

Located at:

Dated:

Authorized by:

Absentee Shawnee Tax Administrator

All License Registrations must be renewed by January 1 of each year. License is not assignable and is valid only for the person whose name

it is issued until that person ceases to do business or changes his business address, or until the license is revoked by the Tax Commission. A

vendor doing business within the Tribe’s jurisdiction is entering into a consensual relationship with the Tribe. The vendor named above, by

posting this license, is agreeing to submit to the jurisdiction of the Tribe, its laws and courts.

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

Business License

Issued to:

Located at:

Dated:

Authorized by:

Absentee Shawnee Tax Administrator

All License Registrations must be renewed by January 1 of each year. License is not assignable and is valid only for the person whose name

it is issued until that person ceases to do business or changes his business address, or until the license is revoked by the Tax Commission. A

vendor doing business within the Tribe’s jurisdiction is entering into a consensual relationship with the Tribe. The vendor named above, by

posting this license, is agreeing to submit to the jurisdiction of the Tribe, its laws and courts.

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

SALES AND LODGER’S TAX RETURN

Reporting Period:

, 20

Returns are due on or before the 15th day of the month following the reporting month.

Name of Taxpayer

Federal Tax I.D. # or Social Security #

Address

City

State

ZIP

Telephone Number

Contact Name

(A) Sales Tax Due

$ __________________ Total Gross Receipts1

$ __________________ Total Exempt Sales2

$

Net Taxable Sales

x 6% Tax Rate

$

Sales Tax Due

(B) Lodger’s Tax Due

$

Total Gross Taxable Rent

x 5% Tax Rate

$

Lodger’s Tax Due

Total Taxes Due (A + B) * $

* Attach supporting documents.

I declare under the penalties of law pursuant to the provisions of the Licensing and Tax Code, that this return is a true, correct

and complete return. Willful failure to pay taxes due will result in an additional penalty of fifty percent (50%) of taxes owed.

Signature

Title

1Excludes cash discounts allowed and taken. Ref: AST Licensing and Tax Code, Chapter 3, §2(a).

1 Ref: AST Licensing and Tax Code, Chapter 3, §4 for list of Exemptions.

Date

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

EXEMPT SALES DETAIL

(To be submitted with Sales and Lodger's Tax Return)

Reporting Month on Sales and Lodger's Tax Return:

Description of Goods or Services

, 20

Reason for Exemption1

Amount of Sale

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Total

1

See Absentee Shawnee Licensing and Tax Code, Chapter 3, §4 for list of Exemptions

$

ABSENTEE SHAWNEE TRIBE OK OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

Vendor/Peddler Guidelines

Day vendors, peddlers, etc. receiving money or anything of value for the sale of goods or services where annual

gross sales total $5,000.00 or less are subject to these guidelines, as approved by the AST Tax Commission in

regular meetings held on December 17, 2002 and January 22, 2008, and which serves as a supplement to the AST

Licensing and Tax Code.

Authority: AST Licensing and Tax Code, Chapter 1 and Chapter 3.

1.

All must register by completing a Business License Application form. The Business License fee for

day vendors, peddlers, etc is $25.00, renewed annual by January 1.

2.

Business License Fee(s) are waived for persons, who qualify for exemptions as stated in Chapter 3, Sec. 4

(e), (f), and (g); and for Non-Profit Organizations.

3.

Day vendors/peddlers, etc. selling on an irregular or occasional basis must report to AST Tax Commission

office prior to selling. A tax deposit of $25.00 must be paid by vendor/peddler, which will be returned upon

payment of sales taxes. The Tax Commission will issue a sales permit valid for that day only. The

Vendors/Peddlers must provide record of sales to the Tax Commission.

4.

Vendors/peddlers, etc. returning on a regular basis must report to AST Tax Commission office prior to

selling, and in addition to above item 3 may have the option (as approved by the Tax Commission) of

reporting sales and remitting taxes on a monthly basis in accordance with Chapter 3.

5.

The Sales Tax rate is 6% of total gross sales. Sales taxes are waived for persons, who qualify for

exemptions as stated in Chapter 3, Sec. 4 (e), (f), and (g); and for Non-Profit Organizations.

CHAPTER FOUR

POSSESSORY INTEREST TAX

§ 1.

Short Title

This chapter is known as the Absentee Shawnee Possessory Interest Tax.

§ 2.

Findings

The Executive Committee as the legislative governing body of the Absentee Shawnee Tribe

makes the following findings:

Whereas individual, business and corporations have entered into consensual relationships

with the Absentee Shawnee Tribe and its members to secure leases and or rights-of-way on trust

lands within the jurisdiction of the Absentee Shawnee Tribe;

Whereas the United States Supreme Court in Merrion V. Jicarilla Apache Tribe recognized

the inherent right of tribal governments to tax to raise revenues for essential services and as a

necessary instrument of self-government and territorial management; and

Whereas Merrion recognized taxes assist the tribe in deferring the cost of providing

governmental services by requiring contributions from persons or enterprises engaged in economic

activities within the tribal jurisdiction; and

Whereas the economic activities ongoing on the trust lands burdened with a lease or right-ofway continue to affect the integrity of the tribe and its members;

The possessory interest tax imposed by this chapter derives from the consensual relationship

existing between the lessee and/or right-of-way holder and the Tribe and its members for ongoing

economic activity on these trust lands.

§ 3.

Definitions

(a)

“Designated Agent” means the person who has been identified in writing to the

Commission, pursuant to Section 6, as responsible for performing all the obligations of a taxpayer

under this ordinance, including all obligations to provide information necessary to permit the

accurate computation of tribal taxes.

(b)

“Drilling Rig” means all of the component parts of a unit that normally are transported

to a site and set up to make a complete rig that is to be used for drilling a well for oil, gas, carbon

dioxide, water, geothermal or other minerals. A drilling rig includes, but is not limited to:

1.

derrick and substructure;

2.

crown blocks;

3.

traveling block;

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

4-1

drilling line;

sand line;

rotary hose and standpipe;

hook;

tongs and swivel;

elevators;

kelly;

rotary table;

draw works;

engine;

instrument;

slush and mudpumps;

generators;

electric lines and accessories;

mud tanks;

fuel tanks;

boilers;

feed pump;

blowout preventer;

tools and supplies;

water pumps and lines;

drill bits;

stairs;

railings;

dog house;

tool joints; and

miscellaneous equipment.

(c)

“Possessory Interest” means any non-exempt interest in real property within the

jurisdiction of the Tribe, including but not limited to: (1) interests held under lease, and (2) interests

held under an easement of right-of-way, and all improvements, equipment, fixtures and other

tangible personal property held or used by the taxpayer in connection with that taxable use of such

realty.

(d)

“Retail Business” means any business for profit whose business operations consist

primarily of the retail sale or lease of consumer goods or the retail sale of consumer services within

the Tribe’s jurisdiction. Retail business as defined herein does not include a utility.

(e)

“Taxpayer” means any person who owns an interest in any possessory interest within

the Tribe’s jurisdiction that is subject to tax under this chapter, but does not include the Absentee

Shawnee Tribe.

(f)

“Tax Year” means the calendar year for which a taxpayer shall be liable for possessory

interest tax, for a possessory interest owned by the taxpayer on January 1st of the same calendar year.

(g)

“Utility” means any privately or publicly held entity primarily engaged in supplying,

transmitting, transporting or distributing electricity, oil, natural gas, natural gas products, water,

4-2

carbon dioxide, liquid hydrocarbons, telephone, wireless services, broadband services, internet

service, telegraph or other communications services, cable television or transportation services.

§ 4.

Imposition and Rate of Tax

The possessory interest tax set forth herein shall be imposed on the ownership and utilization

of possessory interests on January 1st of each tax year and shall be assessed at the rate of one percent

(1%) of the value of the possessory interest as determined and computed in accordance with this

chapter. Said rate of tax shall be and remain the same as herein established unless modified by

resolution of the Executive Committee. Upon passage of any resolution changing the rate of tax,

notice shall be given to all taxpayers and shall be published in newspapers of general circulation and

posted or published at such places as the Executive Committee designates.

§ 5.

Computation of Value of Possessory Interest

The value of a possessory interest shall be computed as provided in this section or by any

other method adopted by the Tax Commission which accurately reflects the value of the possessory

interest which is subject to taxation.

(a)

Date of Valuation. All property that is subject to taxation under this chapter shall be

valued as of January 1st of the tax year, unless the taxpayer first acquired the property after January

1st, in which case, the property shall be valued on the 1st day on which is was acquired.

(b)

Method of Valuation: Generally. If a method or methods of valuation for a

possessory interest are not otherwise provided in this section or by regulation, the value of the

possessory interest for taxation purposes shall included the value of any improvements, equipment,

fixtures and other tangible personal property held or used by the taxpayer in connection with the

taxable use of the possessory interest. Unless the Tax Commission, by regulation, establishes a

different method of valuation, value shall be computed in accordance with the method for

determining market value under the Oklahoma statutes and regulations adopted thereto. The

Commission has the authority to determine independently the value of any possessory interest. This

reference to Oklahoma law is solely for purposes of establishing a method of valuation, and shall not

be construed as a concession by the Absentee Shawnee Tribe that state law is otherwise applicable to

the Tribe.

(c)

Method of Valuation: Oil and Gas Pipelines and Related Equipment. Except as

otherwise described in this section, the value of pipelines and related equipment (such as tanks, sales

meters and plants used in the processing, gathering, transmission, storage, measurement or

distribution of oil and gas) shall be computed in accordance with the method of valuation for

pipelines and related equipment for purposes of property taxation under the Oklahoma statutes and

regulations adopted pursuant thereto. This reference to Oklahoma law is solely for purposes of

establishing a method of valuation, and shall not be construed as a concession by the Absentee

Shawnee Tribe that state law is otherwise applicable to the Tribe.

§ 6.

Designation of Agent

Each taxpayer shall designate, in writing to the Commission, an agent who shall represent

and legally bind the taxpayer with respect to all obligations under this chapter, including completing

4-3

the forms distributed by the Commission and providing the information required therein. Taxpayers

having interests in the same possessory interest shall designate the same agent with respect to that

possessory interest.

§ 7.

Registration and Reporting Requirements

Each taxpayer shall comply with the following registration reporting requirements and such

other requirements as are adopted by the Commission: Amended 9/11/02 by Resolution LAS-200237.

(a)

Registration. Every person with taxable possessory interests on tribal or individual

trust lands within the jurisdiction of the Absentee Shawnee Tribe shall register with the Tax

Commission and submit information as required by the Tax Commission.

(b)

Forms. The Commission shall provide the taxpayer of its designated agent with

forms for registration and reporting information about the ownership and value of possessory

interests. Information shall be reported annually by the taxpayer of designated agent on these forms,

which shall be the basis for determination and assessment of tax due.

(c)

Failure to Report, Administrative Valuation. If a taxpayer fails to file substantially

complete possessory interest tax reporting forms, or to otherwise provide requested information or

documents within its possession or control which are relevant to a determination of the extent of

value of its possessory interest, the Commission may proceed to determine the value of that

taxpayer’s possessory interests and to assess taxes accordingly. The Commission’s valuation of the

possessory interest is presumed to be correct, and the Commission’s assessment will be binding on

the taxpayer unless it shows that the value, on the basis of the best information available to the

Commission, was determined by the Commission is an arbitrary or capricious manner or unless the

Commission for other good cause shown relieves the taxpayer from the operation of this subsection.

(d)

Reporting Value of Exempt Interests. No taxpayer shall be required to file property

valuation forms for any possessory interest which is exempt under Section 10 provided that the

Commission may require the taxpayer to file the information necessary to establish the claimed tax

exemption.

(e)

Authority of the Commission. The Commission may by form or regulation require

any taxpayer to file the information or documents deemed necessary for the proper and efficient

administration of the tax.

§ 8.

Notice of Assessment and Payment of Taxes Due

Notice of tax assessment and of the amount of tax due shall be mailed by the Commission by

February 15th of the tax year, unless that date has been extended pursuant to the Tax Administration

ordinance, or unless the taxpayer fails to timely report the value of its possessory interest pursuant to

Section 7(b). The assessment shall be effective as of January 1st of the tax year without regard to the

date of mailing of the notice. The assessed tax shall be paid within thirty (30) days of the date of

mailing said notice, unless (1) the notice is late due to the taxpayer’s failure to file timely the reports

required under Section 7, in which case penalties and interests shall be calculated pursuant to

Chapter 2 of this title, from February 15th until the time of payment, or (2) the due date has been

4-4

extended pursuant to Section 7(b) of this chapter, in which instance the assessed tax shall be paid on

or before the date stated by the Commission in the notice.

§ 9.

Lien for Taxes

(a)

Lien against Possessory Interest. The possessory interest tax shall be a lien against

the possessory interest of the taxpayer in favor of the Absentee Shawnee Tribe to secure payment of

the tax and any penalty and interest that become due. The lien under this subsection shall arise as of

January 1st of the tax year, without notice or demand, and shall be a first lien and superior to any

other interest in the property.

(b)

Lien against Other Property. If a taxpayer fails to timely pay the possessory interest

tax after assessment, the amount of the unpaid tax, including any penalty and interest that becomes

due, shall be a lien in favor of the Absentee Shawnee Tribe upon all property and rights to property

of the taxpayer, including any oil and gas production within the tribal jurisdiction. The lien imposed

by this subsection shall arise at the time of the assessment, but shall be effective against any

mortgagee, pledge, purchaser, judgment creditor, lien or other encumbrancer for value when notice

of the lien has been filed as provided in Subsection (c).

(c)

Notice of Lien. A notice of the lien provided for in Subsection (b) of this section

shall be filed as required in Chapter 2 (Tax Administration) of this title.

(d)

Release or Reduction of Lien. The liens provided for in this section shall continue

until the liability for payment of the full amount demanded in the lien is released by the Tribe.

Partial payment of the amount due shall reduce the amount of the lien by the amount paid. The Tribe

may release the lien when the payment of the tax, plus any penalty and interest, is adequately

guaranteed by other security or by a surety bond.

(e)

Foreclosure. The Tribe may foreclose upon the property subject to a lien by filing a

civil action in Tribe court, state court or federal court for that purposed. In the event of such a

foreclosure, the property shall be sold in a commercially reasonable manner and the proceeds applied

to the expenses of the foreclosure and then to the liability for costs, penalties, interest and tax. Any

remaining balance shall be remitted to the taxpayer. The Commission may retain the property,

subject to a lien, to offset the amount due.

§10.

Exemptions

(a)

Governmental Entities. No possessory interest held and used by the United States, by

the Absentee Shawnee Tribe (but not including by tribal corporations or tribal enterprises), by the

state of Oklahoma or a subdivision thereof, or by municipalities within the state shall be subject to

this tax.

4-5

(b)

Retail Businesses. No possessory interest which is used primarily to conduct a retail

business shall be subject to this tax.

(c)

Ranches and Homesites. No possessory interest which is used primarily to conduct a

farm, ranch or to provide a homesite shall be subject to this tax.

(d)

§11.

Drilling Rigs. No possessory interests in drilling rigs shall be subject to this tax.

Method of Claiming Exemption

Any taxpayer owning both taxable and exempt possessory interests shall file with the

Commission a claim for any exemption under Section 10 of this chapter. The claims for exemption

shall be filed on the form provided by the Commission at the time of filing the valuation reports

required by Section 7, and shall be accompanied by a map clearly indicating the specific property for

which exemption is claimed. The Commission may request in writing that any person or entity

owning only exempt possessory interests shall submit a list of such exemptions to the Commission.

4-6

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

INSTRUCTIONS FOR SUBMISSION OF INFORMATION

CONCERNING POSSESSORY INTEREST TAX

On

, 2001, the Absentee Shawnee Tribe of Oklahoma amended the Absentee Shawnee Licensing and

Tax Code (the “Code”). Chapter 4 of the Code amends the Possessory Interest Tax Originally adopted in 1986. This Code imposes duties

on the Tax Commission to collect taxpayer information, distribute tax forms and assess and collect taxes in accordance with valuation

determinations.

The Tax Commission has identified you as having property subject to the tax. The purpose of this document is to inform you of the

tax reporting requirements under the Code.

This packet contains the instructions for all reporting entities. Additional copies of the reporting forms may be reproduced.

1.

Property to be Reported

Pursuant to Chapter Four, § 3 of the Code, all taxable possessory interests are required to be reported to the Tax Commission.

Such possessory interests include, but are not limited to:

·

Interests held under a lease;

·

Interests held under an easement or a right-of-way; and

In addition, the owner of any taxable possessory interest must report any improvements, equipment, fixtures and other tangible

personal property held or used by the taxpayer in connection with the taxable use of real property. Tangible personal property includes, but

is not limited to:

·

·

·

·

·

·

.

.

Telephone, telegraph or microwave lines, towers, or repeater stations;

Communications towers;

Pipelines;

Communication lines;

Electric power lines;

Electric generating plants;

Fiber optic lines; and

Other buildings, equipment or tangible personal property held or used

on the land.

2.

Property Valuation - Date

Pursuant to Chapter Four, § 5 of the Code, all property subject to valuation for possessory interest taxation purposes shall be

valued as of January 1st of each year, or for the year of acquisition, on the first day on which the property was acquired.

3.

Persons Preparing the Report

Pursuant to Chapter Four, § 6 of the Code, each taxpayer shall designate, in writing to the Commission, an agent whose obligations will

include completion of the Possessory Interest Tax forms.

4.

Reporting Requirements

Information shall be reported annually by the taxpayer on forms provided by the Tax Commission. The designated agent for the taxpayer

shall file a general information form reporting the value of its possessory interests by January 15th of each year. Delinquent reports may

result in interest charges and a penalty for late filing, and will not extend the date that payment of taxes is due. Pursuant to Chapter Two of

the Code, the Commission may, upon request by the taxpayer, grant an extension of time to file the reporting form. If the Commission

grants such a request, no penalty will be imposed.

5.

Records Maintenance

Every reporting entity should maintain maps, books and accounts of all possessory interests in a manner that will permit accurate valuation

and location for each tax year.

6.

Penalties

Pursuant to Chapter Four, § 7 of the Code, a taxpayer may incur penalties for delinquent reporting. Pursuant to Chapter Four, § 9(b) of the

Code, if a taxpayer fails to timely pay the possessory interest tax after assessment, the amount of the unpaid tax, including any penalty and

interest, shall be a lien in favor of the Absentee Shawnee Tribe upon all property and rights to property of the taxpayer, including any oil

and gas production, within the Tribal Jurisdiction. Interest on deficiencies shall be at the rate of 12% per annum, computed and

compounded at the rate of 1% per month. See AST LTC Chapter 2, § 32. Civil penalties can range from 2% to 50% of the tax due. See

AST LTC Chapter 2, § 33.

7.

Exemptions

Certain exemptions are provided in Chapter Four, § 10 of the Code. Any taxpayer owning both taxable and exempt possessory interests

shall file with the Tax Commission a claim for any exemption under Chapter Four, § 10 of the Code. The claim for exemption shall be filed

on the form provided by the Commission and shall be accompanied by a map clearly indicating the specific property for which exemption is

claimed. The Tax Commission may request in writing that any person or entity owning only exempt possessory interests shall submit a list

of such exemptions to the Commission.

8.

Method of Valuation

The value of a possessory interest shall be computed in accordance with Chapter Four, § 5 of the Code. Generally, the value of a possessory

interest for taxation purposes shall include the value of any improvements, equipment, fixtures and other tangible personal property held or

used by the taxpayer in connection with the taxable use of the possessory interest. Value shall be computed in accordance with the method

for determining market value for the ad valorem tax under the Oklahoma statutes and regulations. The value of pipelines and related

equipment shall be computed in accordance with the method of valuation for pipelines and related equipment for purposes of property

taxation under the Oklahoma statutes and regulations. The Tax Commission has the authority to independently determine the value of the

possessory interest.

9.

Reporting Forms

The Absentee Shawnee Tax Reporting Forms provided by the Tax Commission are to be completed in their entirety. Please list the

information requested for each particular type of property included in the calculation of value on the Detailed Property Value Report form

and summarize that information on the Property Summary form. The following reporting forms are available:

1.

Application for Registration

2.

General Property Summary

3.

Detailed Property Value Report

If you have any questions, please contact the Tax Commission at (405) 275-4030.

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

APPLICATION FOR REGISTRATION (PIT)

This application is to be used for registration with the Tax Commission of the Absentee Shawnee Tribe of Oklahoma.

Please complete this application in full. Questions which do not apply should be answered “N/A” (Not Applicable).

Any change in the information submitted in this initial application requires that an updated application be filed with the

Tax Commission.

1.

Name of Taxpayer

Federal Tax I.D. # or Social Security #

Address of Principal Business Location

City

State

ASTC Registration #

County

ZIP

Telephone Number

Contact Name

2. Date Business Started in Oklahoma:

3. Type of Ownership: [ ] Proprietorship

[ ] Corporation

[ ] Partnership/Association/Joint Venture

[ ] Other

4. Owner’s Name and Address (If Corporation, list three principal officers and their addresses, if Partnership, Association,

Joint Venture, list all owners and their addresses) (attach additional pages as needed):

5. Mailing Address (if different than Business Location):

6. Location where records are maintained (if different from Business Location):

7. If this is not a new business, give former owner’s trade name:

8. Real Property Interests: List lease, right of way or easement held location of lease, right of way or easement and parties to

lease, right of way or easement.

9. List Possessory Interests held and describe the primary improvements and use, such as telephone, telegraph or microwave

lines/towers, pipelines, electric power lines, electric generating plants, etc. (attach additional pages as needed):

I hereby affirm that the information reported in this form and any attached supplement(s) are true and correct.

By:

Signature

Title

Date

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

POSSESSORY INTEREST TAX

GENERAL PROPERTY SUMMARY

Name of Taxpayer

Federal Tax I.D. or Social Security #

AST Registration #

Address

City

State

ZIP

Telephone Number

List each possessory interest separately. See Chapter 4, §3(c)of the Absentee Shawnee

Licensing and Tax Code for a definition of possessory interest.¹

Contact Name

Value of Possessory

Interest

Taxes Due

(1% of Value)

A.

$

$

B.

$

$

C.

$

$

D.

$

$

E.

$

$

F.

$

$

G.

$

$

H.

$

$

I.

$

$

J.

$

$

TOTAL

$

$

I hereby affirm that the information reported in this form and any attached supplements and supporting documents are true and

correct.

By:

Designated Agent for Taxpayer

¹Please attach a Detailed Property Value Report from for each listing.

Date

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

FOR ITEM

DETAILED PROPERTY VALUE REPORT

OF THE GENERAL PROPERTY SUMMARY

Name of Taxpayer

Federal Tax I.D. or Social Security #

ASTC Registration #

Address

City

State

ZIP

Telephone Number

Location1

Contact Name

Total Value2

$

(Insert into column 2 of the General Property Summary)

I hereby affirm that the information reported in this form and any attached supplements and supporting documents are true

and correct.

By:

Designated Agent for Taxpayer

Date

1

Specify location. Provided any identifying right-of-way or lease number and attach a map showing location.

2

Attach evidence of valuation adopted by the Oklahoma Tax Commission.

CHAPTER FIVE

GAMINGTAX

§ 1.

Short Title

This chapter shall be known as the Absentee Shawnee Gaming Tax.

§ 2.

Definitions

For the purpose of this chapter:

§ 3.

(a)

"Free Cash Flow" means earnings before interest, taxes, depreciation

and amortization less loan payments less capital expenditures.

(b)

"Gaming Facility" means any location where gaming is conducted.

(c)

"Operator'' means the person or business entity responsible for the

management and control of the day to day operations of any one or

more of the gaming facilities.

Imposition of Tax

(a)

A gaming tax is hereby assessed as follows:

Each gaming facility shall pay one hundred percent (100%) of the first

two hundred thousand dollars ($200,000.00) of free cash flow per

month;

and

Each gaming facility shall pay fifty percent (50%) of any free cash

flow in excess of two hWldred thousand dollars ($200,000.00) per

month.

§ 4.

Reporting and Collection Tax

Each operator shall make estimated payments on a weekly basis. The

operator shall report on Gaming Tax forms provided by the Tax Commission. The

operator shall, on or before the last day of the month following the reporting period,

prepare the return for the preceding month setting forth the play or pool collected

for each gaming activity and the amount of gaming tax due thereon, and such other

information as the Commission may require. Gaming tax, less estimated payments,

shall not be considered late until the last day of the following month.

Amendments:

12/21/05 by Resolution LAS-2005-51, and;

2/1/08 by Resolution LAS-2008-06.

§ 5.

Audits

Operators shall make available to the Tax Commission any and all records

necessary to enable the Tax Commission to conduct audits of the facilities, receipts

and tax payments whenever the Commission so requests. :Jn addition, the operator

shall provide the Tax Commission with an annual audit(s) conducted by an

independent accounting firm within six (6) months following the close of the

operator's fiscal year.

�

Amendments:

9/J 1/02 by Resolution LAS-2002-37, and;

12/21/05 by Resolution LAS-2005-51, and;

211/08 by Resolution LAS-2008-06.

CHAPTER SIX

SEVERANCE TAX

§ 1.

Short Title

This chapter is known as the Absentee Shawnee Severance Tax.

§ 2.

Definitions

For purposes of this chapter:

(a)

“Designated Agent” means the person who has been identified in writing to the

Commission as responsible for performing all the obligations of a taxpayer under this Chapter,

including all obligations to provide information necessary to permit the accurate computation of

the tax under this chapter.

(b)

“Oil and Gas Taxable Product” means hydrocarbon oil, gas, casinghead gas,

distillate, condensate, liquid hydrocarbons and each of their respective constituent vapors and

liquids, including without limitation, helium and carbon dioxide, and all other non-hydrocarbon

gas produced in association therewith which may be found in oil and gas deposits or in coal

deposits within the lands within the jurisdiction of the Tribe.

(c)

“Taxable Product” means oil and gas taxable products, water, timber and other

natural resources which may be severed from the lands within the jurisdiction of the Absentee

Shawnee Tribe and sold.

(d)

“Gross Market Value” means the higher of the contract price paid for the taxable

product or the highest price offered for the same type of product in the field within a thirty day

(30) period of production and without deduction for production expenses.

(e)

“Operator” means and includes a person engaged in the business of oil and gas

exploration and who has the exclusive right to explore for and produce oil and gas on a described

tract under a lease or unitized pooling order or voluntary pooling agreement.

§ 3.

Imposition of Tax

There is hereby levied a severance tax equal to eight percent (8%) of the gross market

value of all taxable products produced or severed from the land within the jurisdiction of the

Absentee Shawnee Tribe. The tax shall not be levied upon the Indian royalty payment.

Amended 9/11/02 by Resolution LAS-2002-37.

6-1

§ 4.

Due Date of Tax

The taxes imposed by this Chapter shall be due at the time the taxed substances are severed from

the land and shall be payable monthly within forty-five days (45) days following the end of the

calendar month during which the taxable product was severed.

§ 5.

Payment of Tax by Whom

Each taxpayer subject to a tax under this Chapter shall designate, in writing to the

Commission, an agent who shall represent and legally bind the taxpayer with respect to all

obligations under this Chapter. Taxpayers having interests in the same taxable products from the

same lease shall designate the same agent with respect to that taxable product. The designated

agent shall be liable for payment of the taxes assessed by this Chapter and shall make payments

and file forms pursuant to the terms of this Chapter and the Tax Administration Code.

§ 6.

Payment Bonds

(a)

Whenever any operator shall habitually fail or refuse to file any required report or

pay the tax due on or before the last lawful date for payment, the Tax Commission, upon notice

and hearing, may require the operator to post a cash or surety bond to guarantee payment of taxes

due.

(b)

Such bond may be in the amount determined by the Commission to be sufficient

to guarantee timely payment of the taxes imposed by this Chapter provided, that the amount of

such bond shall not exceed the total estimated taxes which will be due in the twelve month (12)

period immediately following the giving of such bond.

(c)

An order of the Commission requiring a bond pursuant to this section may be

reviewed by the Tribal Court in the same manner that an assessment of taxes may be reviewed.

§ 7.

Incidence of Tax - Forfeiture for Non-Payment

(a)

The incidence of the tax herein imposed shall be upon the lessee and his

successors in interest, hereinafter referred to as the operator, and the taxes herein imposed shall

be a lien upon the interest of such operator in the lease from which the taxable substances were

produced. Such lien may be foreclosed and the interest of the operator may be forfeited and sold

as possessory interests may be forfeited and sold for nonpayment of taxes, subject to subsection

(b) of this Section when such taxes remain unpaid in excess of sixty days (60) after the due date

for filing of the returns required in this Chapter.

(b)

At least thirty days (30) prior to commencement of any forfeiture proceedings, the

Tax Commission shall serve notice to all persons known from Tribal, Bureau of Indian Affairs,

or United States Geological Survey records to be interested in such leasehold of the amount of

6-2

the taxes due and unpaid, the intent of the Tax Commission to institute forfeiture proceedings,

and the right of any of such persons to pay the taxes due on behalf of the operator and recover

such payment from him by civil suit. Such notice shall be served personally by the Tribal or

Bureau of Indian Affairs Police, or by certified United States mail, deliverable to addressee only,

return receipt requested, or in any other manner in which a summons may be served. Publication

service may be had upon order of the Tribal Court for good cause shown. Publication notice

shall be published at least once each full calendar week during the thirty days (30) waiting period

in a newspaper in general circulation in Pottawatomie County, Oklahoma and as may be further

ordered by the Court.

§ 8.

Purchaser May Remit Taxes

Pursuant to the terms of a division order or agreement between an operator and a

purchaser of oil or gas approved by the Commission, the purchaser may withhold and pay

directly to the Commission the severance taxes due.

§ 9.

Unit Operator May Remit Taxes

The Production Operator of any unitized pool or producing field within which the trust or

restricted Indian interest has been included under any unit operating agreement approved by the

Secretary of the Interior may withhold and pay the severance taxes due on that portion of the

production from the units attributable to lands and interests subject to the jurisdiction of the

Absentee Shawnee Tribe with the express or implied consent of the lessee.

§ 10. Computation of Gas Volume

Gas volume shall be computed as the total volume of severed gas taxable products

measured at the wellhead, before any deductions are taken for transportation, processing,

industry standard shrinkage, or any other reason. Gas volume shall be measured in units of one

thousand cubic feet (MCF) and corrected to standard temperature and pressure pursuant to

regulations of the United States Geology Survey.

§ 11.

Computation of Oil Volume

Oil volume shall be computed as the total volume of severed oil taxable products, before

any deductions are taken for transportation, processing, industry-standard shrinkage, or any other

reasons, measured in accordance with current contracts of sale by the operator or producer and

the purchaser of such oil and in accordance with standard industry practices or shall be measured

in units either of barrels of 42 U.S. gallons of 231 cubic inches per gallon computed at a

temperature of sixty degrees (60º) Fahrenheit and other variables pursuant to regulations of the

United States Geological Survey.

6-3

§ 12.

Monitoring Operations

The Tax Commission is authorized to monitor and spot check wells within the Tribal

jurisdiction to determine the volume and value of hydrocarbon or gaseous substance being

removed or stored upon the lease. The Tax Commission may compare production reports on any

well or wells within the Tribal jurisdiction to similar reports available on those wells or similar

wells in the field. The Tax Commission may use information garnered during the monitoring

operations to take any action necessary to secure any tax penalties and interest which may be due

the Absentee Shawnee Tribe. Such action may include the execution of a show cause order for

the operator to appear and show cause why additional tax penalties and interest should not be

imposed.

6-4

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

DESIGNATION OF AGENT

Name of Business

Federal Tax I.D. # or Social Security #

Business Address

City

State

ZIP

Telephone Number

1.

Name of Designated Agent:

2.

Address of Designated Agent:

3.

Name of Taxpayer’s Business (if not listed above):

Contact Name

I declare under the penalties of law pursuant to the provisions of the Licensing and Tax Code that the

information contained in this application is true and correct. I acknowledge that, as stated in Chapter 6, § 5 of

the Licensing and Tax Code, the designated agent represents the taxpayer identified above, and in this respect is

liable for payment of the taxes assessed under Chapter 6 of the Licensing and Tax Code and shall make

payments and file forms pursuant to the terms of that Chapter and Code.

Signature of Taxpayer

Title

Date

Signature of Designated Agent

Title

Date

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

SEVERANCE TAX RETURN

Reporting month:

, 20

Returns are due 45 days following the end of the calendar month during which the taxable product was severed.

Name of Taxpayer

Federal Tax I.D. # or Social Security #

Address

City

State

Zip

Telephone Number

BIA Lease #:

Tax Due:

(A)

Gas Volume

Contact Name

Well Name/Number:

Total Gas Volume in units

MCF

Gross Market Value per unit

$

Indian Royalty Deduction

$

Deduction Percentage Used:

%

Total Taxable Amount

$

x 8% Tax Rate = $

Tax Due

(B)

Oil Volume

Total Oil Volume in units

Barrels

Gross Market Value per unit

$

Indian Royalty Deduction

$

Deduction Percentage Used:

%

= Total Taxable Amount

x 8% Tax Rate = $

$

Total Taxes Due (A + B)

Tax Due

$

*

* Attach Supporting Documents

I declare under the penalties of law pursuant to the provisions of the Licensing and Tax Code, that this return is a true,

correct and complete return. Willful failure to pay taxes due will result in an additional penalty of fifty percent (50%) of

taxes owed.

Signature

Title

Date

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

[Date]

Re:

Notice of Delinquent Severance Taxes

Dear Taxpayer:

Your tax payment for the tax period

in the amount of $

. To date, the Tax Commission has not received your payment.

was due on

You are now

days delinquent in the payment of these taxes. Pursuant to Chapter Six, Section

7 of the Absentee Shawnee Licensing and Tax Code, the Tax Commission is empowered to claim a lien for the

entire amount due, including applicable interest, addition and penalty. This lien will attach to your interest in

the lease from which the taxable substances were produced.

Taxes past due for tax period

=

$

Late Payment Penalty

Interest on past due taxes (

% per month x

=

$

months) =

$

=

$

TOTAL AMOUNT DUE TO DATE

Additional interest will continue to accrue until full payment of the taxes due has been made. Please

remit the total amount due within

days of the date of this letter. If the Tax Commission has not received

your payment by that date, the Commission will file a tax lien against your property.

Sincerely yours,

ABSENTEE SHAWNEE TAX COMMISSION

Tax Administrator

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

NOTICE OF TAX LIEN

Taxpayer:

Date:

Lien No. :

The Absentee Shawnee Tribe of Oklahoma Tax Commission, with an address of 2025 S. Gordon

Cooper Drive, Shawnee, OK 74801(“Lien Holder”), has filed a tax lien on the lease of

, of [address] (“Operator”). This lien was recorded on [date], on [list where

lien was recorded].

The above lien secures claims of the Lien Holder against the Operator to satisfy payment of taxes,

interest, addition and penalty due to the Lien Holder pursuant to provisions of the Absentee Shawnee Licensing

and Tax Code.

The above lien attaches to all property and rights to property belonging to the Operator, whether real or

personal, wherever it may be located.

The person executing this Notice of Tax Lien on behalf of the Lien Holder is duly authorized to execute

this document.

ABSENTEE SHAWNEE TAX COMMISSION

Tax Administrator

CHAPTER SEVEN

EARNINGS TAX

§ 1.

Short Title

This chapter is known as the Absentee Shawnee Earnings Tax.

§ 2.

Definitions

For purposes of this chapter:

(a)

“Employee” means an individual who performs a service for any person and

receives earnings or wages as compensation for the services performed. “Employee” does not

include independent contractors as that term is defined in Title 26 of the U.S. Code.

(b)

“Employer” means the person for whom an individual performs services.

(c)

“Earnings” means and includes all wages, salaries, tips and other employee

compensation for services performed by an employee for its employer, including the cash value

of all remuneration paid in any medium other than cash which is subject to federal income tax

withholding pursuant to 26 U.S.C. § 3401 et seq.

(d)

“Employed within the Tribal Jurisdiction” means that the employee’s regularly

assigned work station is some place within the territorial jurisdiction notwithstanding that such

employee may be assigned and perform employee duties outside the jurisdiction of the Tribe.

§ 3.

Tax on Earnings

There is hereby levied upon earnings paid to any employee employed within the tribal

jurisdiction an earnings tax equal to one percent (1%) of the employee’s earnings.

§ 4.

Tax Collected at the Source

(a)

Every employer making payment of earnings shall deduct and withhold from such

earnings the earnings tax which shall be calculated by multiplying one percent (1%) times the

gross earnings of the employee for the pay period in which the earnings are paid or otherwise

made subject to the direction of the employee. Each employer shall report to the employee on

the pay stub, or in writing, the amount of tax deducted and withheld each pay period.

7-1

(b)

The employer shall be liable to the Absentee Shawnee Tribe for the payment of

the tax required to be deducted and withheld by this Chapter.

(c)

If the employer, in violation of this section, fails to deduct and withhold the tax

under this Chapter, and the tax is thereafter paid, the tax required to be deducted and withheld

shall not be collected from the employer, but this subsection shall not relieve the employer from

liability for any penalties or interest which may have accrued.

§ 5.

Amount Withheld Based on Earnings on Payroll Date

The total amount of the earnings tax assessed and withheld shall be based on the

cumulative amount of earnings paid to the employer on the date of payroll or the date the

earnings are otherwise made subject to the direction of the employer

§ 6.

Payment of Earnings Tax and Reports

(a)

Every employer shall submit to the Tax Commission a monthly report on such

form as the Tax Commission shall prescribe showing for each employee the gross wages per pay

period, gross taxes collected per pay period, total number of employees per pay period and total

gross wages and taxes collected per pay period. The report shall be due on the 15th day of the

month following the month in which payments were made to the employee.

(b)

Every employer shall pay the gross earnings taxes collected to the Tax

Commission at the same time as the report is submitted.

§ 7.

Records and Employee Notices

(a)

Every employer shall maintain for not less than three (3) years complete and

adequate records including time sheets and payroll records showing the amount of earnings paid

to each employee and the amount of earnings tax withheld and paid to the Tax Commission.

(b)

Once each year, at the time federal Form W-2 wage and tax statements are

delivered to the employees, the employer shall disclose to the employee on the W-2 or on

another acceptable written form the gross earnings paid to the employee and the total Tribal

earnings tax withheld and paid.

(c)

Any employee taxpayer may file an administrative protest to receive a refund of

any earnings tax held and paid to the Commission in excess of the amount owed. Such protest

must be filed within ninety days (90) of the date the employer discloses to the employee the total

earnings and earnings tax withheld and paid to the Commission pursuant to subsection b of this

section. Amended 9/11/02 by Resolution LAS-2002-37.

7-2

ABSENTEE SHAWNEE TRIBE OF OKLAHOMA

TAX COMMISSION

2025 S. GORDON COOPER DRIVE

SHAWNEE, OK 74801

EARNINGS TAX RETURN

Date:

, 20

Type of Pay Period:  Monthly

-WBeeikly  Weekly  Daily

Returns are due on the 15 of each month, following payments to the employee.

Name of Taxpayer

Federal Tax I.D. # or Social Security #

Address

City

State

ZIP

Telephone Number

Contact Name

Employee

(A) Gross Wages

(B) Earnings Tax Collected

(Gross Wages x 1% Tax Rate)

1.

$

$

2.

$

$

3.

$

$

4.

$

$

5.

$

$

6.

$

$

7.

$

$

8.

$

$

9.

$

$

Please attach additional schedule of employees as needed.

10.

$

$

Total Number of Employees =

Total Amount of Gross Wages (Column A) = $

Total Amount of Earnings Tax Collected and Due (Column B*) = $

* Attach supporting documentation.

I declare under the penalties of law pursuant to the provisions of the Licensing and Tax Code, that this return is

a true, correct and complete return. Willful failure to pay taxes due will result in an additional penalty of fifty

percent (50%) of taxes owed.

Signature

Earnings Tax Form 01/08

Title

Date

CHAPTER EIGHT

TAXATION AND REGISTRATION OF VEHICLES

§ 1.

Short Title

§2

Definitions

This chapter is known as the Absentee Shawnee Taxation and Registration of Motor

Vehicles. Amended 9/11/02 by Resolution LAS-2002-37.

For purposes of this chapter:

(a)

“Actual Retail Purchase Price” means the actual sale price before any discounts,

credits for trade-ins, or imposition of sales taxes. Amended 9/11/02 by Resolution

LAS-2002-37.

(b)

“Administrative Fees” means any costs associated with handling the registration,

title or other documents for individuals, businesses or other organizations.

(c)

“Boats” means every device used or capable of being used as a means of

transportation on water, including but not limited to personal water craft. Added

9/11/02 by Resolution LAS-2002-37.

(d)

“Commercial Vehicle” means any motor vehicle or car, station wagon, van,

pickup, or similar type constructed and used primarily for the transportation of

persons or goods in the ordinary course of trade or business.

(e)

“Farm Truck” means a motor vehicle of the pickup truck or truck tractor type, but

excluding a sport-utility vehicle, farm tractor, farm combine and similar selfpropelled implements of husbandry (not including trucks), owned and operated by

one or more farmers primarily used in the conduct of agricultural, horticultural or

livestock-raising operations and not otherwise used for the conduct of industrial

or commercial operations. Added 9/11/02 by Resolution LAS-2002-37. Amended

7/16/08 by Resolution LAS-2008-32.

(f)

“Manufactured Home” means any mobile home, house trailer, or other factory

manufactured home designed for semi-permanent installation as a residence, but

maintaining the capability of being pulled upon the highways upon wheels

attached thereto. Reserved–See Resolution LAS-2005-07.

8-1

(g)

“Motor Vehicle” means any wheeled conveyance for carrying persons or property

capable of being propelled under its own power through the use of an internal

combustion engine of greater than fifty cubic centimeters displacement, and

hybrid or electrical motors intended for use on public roads and/or highways.

Any vehicle moved solely by human or animal power and any implement of

husbandry shall not be considered a motor vehicle for the purposes of this chapter.

Amended 7/16/08 by Resolution LAS-2008-32.

(h)

“Motorcycle” or “Motorized Bicycle” means any two tandem-wheeled or three

wheeled conveyances for carrying persons or property capable of being propelled

under its own power through the use of an internal combustion engine of greater

than fifty cubic centimeters displacement, or electrical motors intended for use on

public roads and/or highways. Amended 7/16/08 by Resolution LAS-2008-32.

(i)

“Passenger Automobile” means any motor vehicle of the car, station wagon, van,

pickup or similar type constructed and used primarily for the transportation of

persons for purposes other than for hire or compensation.

(j)

“Recreational Vehicle” means any self-propelled or towed vehicle that is equipped

to serve as temporary living quarters for recreational, camping or travel purposes

and is used solely as a family or personal convenience.

(k)

“Trailer” means every device designed for carrying persons or property and for

being drawn by a motor vehicle. Added 9/11/02 by Resolution LAS-2002-37.

(l)

“Tribally-owned Vehicle” means any vehicle covered by this part owned by the

Absentee Shawnee Tribe of Indians of Oklahoma and held for use in achieving its

governmental objectives. Added 7/16/08 by Resolution LAS-2008-32.

(m)

“Vehicle” means every Motor Vehicle, farm truck, All-Terrain Vehicle, Utility

Vehicle, motorcycle, motorized bicycle, manufactured home, recreational vehicle,

trailer, and boat. Added 8/21/25 by Resolution E-AS-2025-61

(n)

“All-Terrain Vehicle (ATV)” means a vehicle manufactured and used for off-highway

(o)

“Utility Vehicle (UTV)” means a vehicle manufactured and used for off-highway use,

equipped with seating for two or more people and a steering wheel, traveling on four or

more non-highway wheels that is street legal. Added 8/21/25 by Resolution E-AS-

use, traveling on four or more non-highway tires, and being fifty (50) inches or less in

width that is street legal. Added 8/21/25 by Resolution E-AS-2025-61

2025-61

8-2

§ 3.

Application Amended 9/11/02 by Resolution LAS-2002-37. Amended 3/12/03 by

Resolution LAS-2003-14.

(a)

Enrolled Absentee Shawnee Tribal members residing in the State of Oklahoma

shall have the option of maintaining the registration of their vehicles with the Absentee Shawnee

Tribe or the State of Oklahoma.

(b)

No tags will issue unless at least one (1) person on the title is an Absentee

Shawnee Tribal member.

§ 4.

Tax Imposed on Passenger Automobiles, All-Terrain Vehicles, Utility Vehicles,

Motorcycles or Motorized Bicycles Amended 8/21/25 by Resolution E-AS-2025-61

(a)

For those persons who exercise the option for registration with the Absentee

Shawnee Tribe, there is hereby levied an annual registration tax on every passenger automobile,

ATV, UTV, motorcycle, or motorized bicycle according to the table of tax rates as follows:

Added 8/21/25 by Resolution E-AS-2025-61

VEHICLE REGISTRATION TAX SCHEDULE

Year Tagged

Tax Imposed

1st through 4th year

5th through 8th year

9th through 12th year

13th through 16th year

17th year and over

$80.00

$70.00

$50.00

$30.00

$10.00

Administration Fee

$5.00

$5.00

$5.00

$5.00

$5.00

Total Fees

$85.00

$75.00

$55.00

$35.00

$15.00

(b)

In addition, for those who exercise their option for registration with the Absentee

Shawnee Tribe, there is hereby levied an excise tax on every passenger automobile, ATV, UTV,

motorcycle or motorized bicycle of 1.25% of the actual retail purchase price for the first year of

registration. Added 8/21/25 by Resolution E-AS-2025-61

(c)

In addition, Tax Imposed of Veteran Tag is hereby levied an annual registration

fee on every motor vehicle at a rate equal to one-half of the amount of the tax imposed by

Section 4 (b) of this chapter. Provided that the owner or operator of said vehicle shall provide

any and all necessary documentation such as federal form DD-214. Added 8/21/25 by Resolution

E-AS-2025-61

§ 5.

Tax Imposed on Farm Trucks

(a)

There is hereby levied an annual registration tax on every pickup truck, or truck

tractor, owned and operated by one or more farmers and used primarily for farm use, but not

commercial or industrial purposes, according to the manufacturer’s rated carrying capacity and

the table of tax rates as follows: Amended 9/11/02 by Resolution LAS-2002-37.

FARM TRUCKS REGISTRATION TAX SCHEDULE

If the carrying capacity (in tons) is:

Greater Than:

But less Than:

0.0

1.0

Year Tagged

1st

2nd

3rd

4th

5th

6th

7th

8th year and over

1.0

2.0

2.0

Tax Imposed

10.00

8.00

6.50

6.00

6.00

6.00

6.00

6.00

15.00

12.00

9.50

7.75

6.00

6.00

6.00

6.00

30.00

24.00

19.20

15.50

12.25

9.75

8.00

6.00

(b)

In the event that a farm truck is rated 1.0 or 2.0 tons, the higher rate shall apply.

The Tax Commission may charge such additional fees as may be necessary to defray the

administrative costs of tags for farm trucks. Amended 9/11/02 by Resolution LAS-2002-37.

(c)

To qualify for registration as a farm truck, the registrant must bring in the

previous year’s income tax return Schedule F and/or an Oklahoma agricultural exemption

permit. Added 9/11/02 by Resolution LAS-2002-37. Amended 10/20/10 by Resolution LAS2010-34.

§ 6.

Tax Imposed on Commercial Vehicles

There is hereby levied an annual registration tax on every commercial motor vehicle at a

rate equal to one-half of the amount of the tax imposed by Section 4 of this chapter. Provided,

8-3

the owner or operator of said vehicle shall sign an affidavit under oath, in such form as the Tax

Commission shall prescribe, that such vehicle is to be used primarily for his trade or business

purposes, and shall: (a) affix the federal employers’ identification number of said business to the

affidavit, and (b) cause the name of the business to be permanently affixed to each side of said

vehicle in letters or numerals at least one inch in height and in color contrasting with the color of

said vehicle. Amended 9/11/02 by Resolution LAS-2002-37.

§ 7.

Tax Imposed on Recreational Vehicles

There is hereby levied an annual registration tax on every recreational vehicle as follows:

(a)

Where the Actual Retail Purchase Price, excluding any applicable sales taxes, is

five thousand dollars ($5,000.00) or less, the registration tax shall be twenty-five dollars

($25.00); or

(b)

Where the Actual Retail Purchase Price, excluding any applicable sales taxes, is

in excess of five thousand dollars ($5,000.00), the registration tax shall be fifty cents ($0.50) for

each one hundred dollars $100.00 of the Actual Retail Purchase Price. After the first year of

registration, the initial registration tax shall be decreased by ten percent (10%) for each

subsequent year of registration. However, in no event shall the annual registration tax be less

than twenty-five dollars ($25.00) per year. Amended 9/11/02 by Resolution LAS-2002-37.

Examples Registration Tax Calculations:

Actual Retail Purchase Price

$6,000.00

7,000.00

8,000.00

9,000.00

10,000.00

15,000.00

20,000.00

25,000.00

30,000.00

35,000.00

40,000.00

45,000.00

50,000.00

60,000.00

70,000.00

80,000.00

90,000.00

100,000.00

110,000.00

120,000.00

130,000.00

140,000.00

150,000.00

160,000.00

170,000.00

180,000.00

190,000.00

200,000.00

÷ 100

8-4

x Tax Rate

=Applicable Tax

60

70

80

90

100

150

200

250

300

350

400

450

500

600

700

800

900

1000

1100

1200

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

.50

$30.00

35.00

40.00

45.00

50.00

75.00

100.00

125.00

150.00

175.00

200.00

225.00

250.00

300.00

350.00

400.00

450.00

500.00

550.00

600.00

1300

1400

1500

1600

1700

1800

1900

2000

.50

.50

.50

.50

.50

.50

.50

.50

650.00

700.00

750.00

800.00

850.00

900.00

950.00

1,000.00

(c)

For manufactured homes recreational vehicles purchased over five (5) years prior

to registration, and in the absence of an actual retail purchase price, the Tax Commission may

accept, in its discretion, alternative methods of valuation, including but not limited to appraisals,

nationally recognized compilations of value and valuations from other governmental agencies.

The registrant bears the burden of providing the alternative forms of valuations. Amended

2/27/05 by Resolution LAS-2005-07.*****”recreational vehicles” should not be in the first

sentence according to LAS-2005-07 it states just take out “manufactured homes” it does not say

replace with*****

§ 8.

Tax Imposed on Trailers. Reserved. Amended 8/11/04 by Resolution LAS-2004-49.

§ 10.

Collector Tags

§ 11.

Certificates of Title; Perfection of Security Interests

§ 9.

Tax Imposed on Boats. Reserved. Amended 8/11/04 by Resolution LAS-2004-49.

As obsolete tags have value as collector’s items, this section allows for the sale of

obsolete vehicle tags to collectors. Each tag will be labeled with a decal stating “Collector,” and,

upon request, a Certificate of Authenticity will be issued, which contains the signatures of the

Governor and the Chairman of the Tax Commission. The tags will cost twenty dollars ($20.00)

for the “AB-SH” design and forty-five dollars ($45.00) for the new design (with AST logo) plus

any shipping and handling charges. Purchasers will be required to sign a statement that the tag is

for collector display purposes only. Any collector’s tag found in use on a vehicle will subject the

owner to a penalty of double the amount of the tag ($40.00 or $90.00).

(a)

General Requirement(s). Prior to the initial registration of the vehicle, the owner

shall apply to the Tax Commission, on such form as the Commission shall by rule direct, for a

Certificate of Title for said vehicle. Prior to issuance of a Certificate of Title for said vehicle, the

Tax Commission shall require the applicant to furnish proof of purchase from a bonafide new or

used dealer, or a bonafide document (Bill of Sale) from a previous owner, or a properly endorsed

vehicle Certificate of Title issued by this or some other jurisdiction. Amended 9/11/02 by

Resolution LAS-2002-37. Amended 7/16/08 by Resolution LAS-2008-32.

(b)

Perfection of Security Interest. A notice of lien (security interest) against a

vehicle shall be placed upon the face of said Certificate of Title upon request of the lien-holder,

or shall be transferred from the surrendered title certificate to the Absentee Shawnee Tribe

Certificate of Title absent a signed lien release form or statement issued by the lien-holder.

Except for security interest on inventory held by a licensed motor vehicle or manufactured home

8-5

dealer, notation of lien-holder’s information including name and address of lien-holder and date

executed on the Certificate of title shall perfect the lien-holder’s security interest in said vehicle.1

Added 7/16/08 by Resolution LAS-2008-32.

(c)

Junk and Salvage Titles. Upon application and satisfaction of all applicable

requirements, the Tax Commission shall issue a special transfer junk or salvage title for motor

vehicles classified as junk or salvage vehicles, defined as follows: A “junk vehicle” is a vehicle

1 Okla. Statue, Title 47. Motor Vehicles, Chapter 74, Okla. Vehicle License and Registration Act, Section 1110,

Perfection of Security Interest, Subsection G states, “Security interests in vehicles registered by federally recognized

Indian Tribes shall be deemed valid under Oklahoma law if validly perfected under applicable tribal law and the lien

is noted on the face of the tribal certificate of title.”

which is incapable of operation or use on the highway, has no resale value except as a source of

parts or scrap and has an eighty percent (80%) loss in the fair market value as listed in

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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