EDMOND — Low-speed vehicle customers are growing increasingly frustrated with the game of hokey-pokey being played with their state tax credit.
An Oklahoma Supreme Court ruling on Monday has caused worried customers to call their electric car dealerships with questions about whether the vehicles they’ve purchased or ordered will be eligible for the credit.
On Oct. 21, the Garfield County District Court ruled that Oklahoma taxpayers who have purchased or will purchase specific low-speed vehicles and any others similarly equipped would qualify for the tax credit.
The Oklahoma Supreme Court, however, has since ruled that the Garfield County district judge did not have jurisdiction and his previous orders were vacated.
“We were pleased the court ruled so we could continue administering the law,” said Paula Ross, communications director for the Oklahoma Tax Commission. “We don’t make the law; we administer the law.”
With the application of the state law back in the hands of the Oklahoma Tax Commission, the commission reposted letter rulings on the qualifications of specific electric vehicles for the state credit online at www.tax.ok.gov. In September, the tax commission clarified which vehicles were excluded from the tax credit, creating a stir among buyers and dealers alike.
As of Friday, 23 companies with multiple models were listed on the site with letter rulings. For example, the Badboy Buggie XT LSV, the Stealth Patriot LSV, the Fairplay EVE, Fairplay Goat, American Custom Golfcars Hummers H3, American Custom Golfcars Escalade, American Custom Golfcars Roadster Limo and Titan UTV Hunting Buggy are listed in one letter as not meeting the commission’s definition of a qualified electric motor vehicle property.
The letter states that it is the position of the Tax Policy Division that the vehicles fall within the following exclusion: “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.”
The state tax credit is for half the purchase price of an electric vehicle.
“If a car is not on the eligibility list and an Oklahoma taxpayer does feel like it should be eligible, they can put it on their tax return,” Ross said. “If we deny it, Oklahoma taxpayers will have a remedy to protest.”
Chris Easley, of Edmond, said he purchased a Ruff & Tuff from GKU Electric Vehicles in Oklahoma City. When he ordered the vehicle, he said, GKU made him aware that there was a risk he wouldn’t get the Oklahoma tax credit. He decided to take the risk.
The vehicle Easley purchased, he said, may look like a golf cart, but it has a seat belt, windshield wipers, headlights, blinkers and a tag. Since taking delivery at the end of October, he said, he has driven more than 70 miles, mostly within his neighborhood.
Without the low-speed vehicle, Easley said, he would have driven his SUV those 70 miles. “If the intent was to reduce pollution,” Easley said, “I’m doing that. I’m helping keep emissions out of the air.”
Easley still hopes to get a state tax credit of about $4,550.
Jim Zuckermandel, of Edmond, said he is frustrated because so many people have placed orders and made deposits months ago based on an understanding that the low-speed vehicles were eligible for both credits.
Zuckermandel ordered his low-speed vehicle on Sept. 11 from Hearltand Outdoors, 1444 N Kelly Ave. On Thursday, he said he expected to take delivery of the car on Friday. “I would not have made this commitment if not for the understanding I would receive a state rebate,” Zuckermandel said.
In addition, he said, “manufacturers have ramped up their production and inventory to meet demand.” He said he was concerned that the latest court decision could bankrupt those manufacturers.
“We are getting phone calls and people coming by the store,”said Danna Lawson, office manager for Heartland Outdoors. “Everybody is concerned. They’re aggravated with the Tax Commission.”
Lawson estimated the store has received several hundred orders for the low-speed vehicles since September. “We still have people wanting to order the Stealth Patriot,” Lawson said, “and we still have people taking delivery.”
ktoppins@edmondsun.com |
341-2121, ext. 112
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