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Author Topic: Tax Credits On Tomberlin and Ruff & Tuff EV's denied In Oklahoma  (Read 1196 times)

skadamo

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This obviously does not apply to any of the popular electric motorcycles but if you in Oklahoma you might want to look into this further...

http://www.greenkars4u.com/


Quote
GKU customers,

We have recently been getting some calls that your tax credits on the Ruff and Tuff  electric vehicles and the Tomberlin electric vehicles have been denied.  The next step for you is to appeal their decision. There is an appeal process in place in the event that you are denied.  These tax credits have been taken and approved in past years and the customers have received their tax credits. You also have the right to this tax credit and you need to continue forward with your appeal.

Our attorneys Mitchel, Gaston, Riffle & Riffel have made and offer for  GKU and for Ada Electric Cars to help you with your Administrative Appeal. These attorneys have researched and have the information needed to help toward a successful appeal. They are charging $150.00 for our customers. There is a flyer attached to this message.
 
We are still in litigation against the OTC and its commissioners regarding these tax credits.  We do not have a date set yet on this case. We will let you know when our court date has been scheduled.  Our attorneys are working on all the information to take to trial.

We are so sorry for any inconvenience to our customers in this stressful situation, it has also changed our lives.  We only want the best for all who have done business with GKU.  We do understand your concerns, but in view of the past years tax credits being issued and the law we are confident that you will receive your tax credit. We would like you to keep contacting your State Representatives , they work for us and we need to know there is someone representing us that can protect our “rights”. If they can’t we need to get someone in there that will. We, as Americans have the right not to be bullied by the ones we elect or are appointed, and abuse their power.


Attached is a sample letter from one of our customers, that may let you know how others are responding.


We also cannot give any other legal or tax information and you need to contact your attorney or tax professional.


Thank You so very much for your patience and  understanding.

GKU Electric Vehicles


_________________________________________________________________



       We would like to thank everyone for bearing with us. We KNOW your frustrations and are also frustrated with many obstacles in this process.  Our progress with the vehicle deliveries is a bit slower than expected.  The weather has also impeded our ability to complete many of your orders.  Our suppliers are also struggling to get us your accessories which are high in demand in the United States.  We have many cars on the ground ready to be picked up.  Owners have been notified so if you are one of these please make arrangements for your vehicle, we need the room.  We have implemented an efficient way to check your status of your vehicles.  Please contact us via email status@gkuev.com .  Through learning from mistakes we believe our efficiency has improved to help you with this stressful situation.
 
Thank You so much.

GKU

Also, they have a template to appeal template...

http://www.greenkars4u.com/categories.php?ID=14


Quote
Oklahoma Tax Commission,
Income Tax Accounts
P.O. Box 269060
Oklahoma City, OK 73126-9060


RE:    Protest Tax Adjustment Dated _____, 2010

511CR Electric Car Credit


Protest is made of the Oklahoma Tax Commission’s denial of the Oklahoma Electric Motor Vehicle Tax Credit claimed on my 2009 tax return.  Notice of the tax adjustment is attached for ready reference.
 
I purchased a _____________ from GKU Electric Vehicles, LLC on _______, 2009.  I have attached a copy of the invoice verifying this transaction and the purchase date.  The vehicle purchase qualified for the tax credit on the date of purchase and fully met the statutory definition of a qualified electric motor vehicle property as set forth in 68 O.S. Section 2357.22.  Qualification of my purchase for the tax credit is demonstrated and evidenced by the Oklahoma Tax Commission’s acceptance, since January 1, 1996 of the same of essentially similar motor vehicles, including vehicles from this manufacturer.   

On September 17, 2009, after I purchased my electric motor vehicle, the Oklahoma Tax Commission issued an emergency ruling in an apparent attempt to exclude the purchase of certain motor vehicles from the income tax credit.  Please note this was only a ruling and not a change to the statute.  Note also, that the regulation, if applied to my purchase, would result in an arbitrary and unequal application of 68 O.S Section 2357.22.  By its terms, the September 17, 2009 regulation does not state that it applies retroactively, nor could it have lawfully applied retroactively.  Accordingly, the regulation cannot form the basis of the tax credit denial in the instance of a qualified purchase completed on _______, 2009.  Apparently, the Tax Commission will not apply the regulation retroactively across all similar purchases; therefore, the Tax Commission’s denial of the tax credit in my instance is an arbitrary and unequal application of 68 O.S. Section 2357.22. 

Article 68 of the Oklahoma Statute, which is referenced below, along with the previous actions of the Oklahoma Tax Commission over a period of 13 years qualified my purchase of electric motor vehicle property for the tax credit claimed on my return.

The Oklahoma Tax Commission adjustment to my 2009 Oklahoma Income Tax Return is an error on Form 511 Line 17 – Other Credits (511CR) in the amount of $_______.  This adjustment will create a refund (net of Line 18 – Balance of $______) in the amount of $_______.  Please electronically credit the account number provided on my return.   

Sincerely,



________




§68-2357.22.  Credit for investments in qualified clean-burning motor fuel vehicle property or qualified electric motor vehicle property.

A.  For tax years beginning before January 1, 2015, there shall be allowed a one-time credit against the income tax imposed by Section 2355 of this title for investments in qualified clean-burning motor vehicle fuel property placed in service after December 31, 1990, and for investments in qualified electric motor vehicle property placed in service after December 31, 1995.
C.  As used in this section, "qualified electric motor vehicle property" means a motor vehicle originally equipped to be propelled only by electricity; provided, if a motor vehicle is also equipped with an internal combustion engine, then such vehicle shall be considered “qualified electric motor vehicle property” only to the extent of the portion of the basis of such motor vehicle which is attributable to the propulsion of the vehicle by electricity.  The term "qualified electric motor vehicle property" shall not apply to vehicles known as "golf carts," "go-carts" and other motor vehicles which are manufactured principally for use off the streets and highways.
E.  The credit provided for in subsection A of this section shall be as follows:
1.  For the qualified clean-burning motor vehicle fuel property defined in paragraph 1 or 2 of subsection B of this section and for the qualified electric motor vehicle property, fifty percent (50%) of the cost of the qualified clean-burning motor vehicle fuel property or qualified electric motor vehicle property;


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