Montana Code Annotated 1999

MCA ContentsSearchPart Contents


     15-36-304. (Temporary) Production tax rates imposed on oil and natural gas. (1) The production of oil and natural gas is taxed as provided in this section. The tax is distributed as provided in 15-36-324.
     (2) Natural gas is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
WorkingNonworking
InterestInterest
(a) pre-1985 wells18.55%14.8%
(b) post-1985 wells
(i) first 12 months of qualifying
production0.5%14.8%
(ii) next 12 months of qualifying
production12.5%14.8%
(iii) after 24 months15.15%14.8%
(c) stripper natural gas pre-1985
and post-1985 wells11%14.8%
(d) post-1999 wells
(i) first 12 months of qualifying
production0.5%14.8%
(ii) after 12 months9%14.8%
(e) horizontally completed well production
(i) first 18 months of qualifying
production0.5%14.8%
(ii) after 18 months9%14.8%

     (3) The reduced tax rates under subsections (2)(b)(i) and (2)(b)(ii) on production for the first 24 months of natural gas production from a post-1985 well and under subsection (2)(d)(i) on production for the first 12 months of natural gas production from a post-1999 well begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
     (4) The reduced tax rate under subsection (2)(e)(i) on production from a horizontally completed well for the first 18 months of production begins following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
     (5) Oil is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
WorkingNonworking
InterestInterest
(a) primary recovery production
(i) pre-1985 wells13.9%16.9%
(ii) post-1985 wells
(A) first 12 months of qualifying
production0.5%14.8%
(B) next 12 months of qualifying
production7.5%14.8%
(C) after 24 months12.5%14.8%
(iii) post-1999 wells
(A) first 12 months of qualifying
production0.5%14.8%
(B) after 12 months9%14.8%
(b) stripper oil production
(i) first 1 through 10 barrels a day production5.5%14.8%
(ii) more than 10 barrels a day production9.0%14.8%
(iii) stripper well exemption production0.5%14.8%
(c) horizontally completed well production
(i) post-1985 wells
(A) first 18 months of qualifying
production0.5%5.5%
(B) next 6 months of qualifying
production7.5%12.5%
(C) after 24 months12.5%12.5%
(ii) post-1999 wells
(A) first 18 months of qualifying
production0.5%14.8%
(B) after 18 months9%14.8%
(d) incremental production
(i) new or expanded secondary recovery production
(A) pre-1985 wells8.5%16%
(B) post-1985 wells8.5%10.5%
(C) post-1999 wells8.5%14.8%
(ii) new or expanded tertiary production
(A) pre-1985 wells5.8%15%
(B) post-1985 wells5.8%9.5%
(C) post-1999 wells5.8%14.8%
(e) horizontally recompleted well
(i) first 18 months of production
(A) post-1985 wells5.5%5.5%
(B) post-1985 [1999] wells5.5%14.8%
(ii) after 18 months
(A) post-1985 wells12.5%12.5%
(B) post-1999 wells9%14.8%

     (6) (a) The reduced tax rates under subsections (5)(a)(ii)(A) and (5)(a)(ii)(B) for the first 24 months of oil production from a post-1985 well and subsection (5)(a)(iii)(A) for the first 12 months of oil production from a post-1999 well begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that notification has been given to the department.
     (b) (i) The reduced tax rates under subsections (5)(c)(i)(A) and (5)(c)(i)(B) on oil production from a horizontally completed well for the first 24 months of production from a post-1985 well and under subsection (5)(c)(ii)(A) on oil production from a horizontally completed well for the first 18 months of production from a post-1999 well begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that the well has been certified as a horizontally completed well to the department by the board.
     (ii) The reduced tax rates under subsection (5)(e)(i) on oil production from a horizontally recompleted well for the first 18 months of production from a post-1985 well or post-1999 well begins following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that the well has been certified as a horizontally recompleted well to the department by the board.
     (c) Incremental production is taxed as provided in subsection (5)(d) if the average price for each barrel of oil as reported in the Wall Street Journal for west Texas intermediate crude oil during a calendar quarter is less than $30 a barrel. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter as determined in subsection (6)(d), then incremental production from pre-1985 wells, from post-1985 wells, and from post-1999 wells is taxed at the rate imposed on primary recovery production under subsections (5)(a)(i), (5)(a)(ii)(C), and (5)(a)(iii)(B), respectively, for production occurring in that quarter.
     (d) For the purposes of subsection (6)(c), the average price for each barrel must be computed by dividing the sum of the daily price for west Texas intermediate crude oil as reported in the Wall Street Journal for the calendar quarter by the number of days on which the price was reported in the quarter.
     (7) The tax rates imposed under subsections (2) and (5) on working interest owners and nonworking interest owners must be adjusted to include the privilege and license tax adopted by the board of oil and gas conservation pursuant to 82-11-131. (Effective January 1, 2000)
     15-36-304. (Effective January 1, 2000) . Production tax rates imposed on oil and natural gas. (1) The production of oil and natural gas is taxed as provided in this section. The tax is distributed as provided in 15-36-324.
     (2) Natural gas is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
WorkingNonworking
InterestInterest
(a) (i) first 12 months of qualifying
production0.5%14.8%
(ii) after 12 months
(A) pre-1999 wells14.8%14.8%
(B) post-1999 wells9%14.8%
(b) stripper natural gas pre-1999 wells11%14.8%
(c) horizontally completed well production
(i) first 18 months of qualifying
production0.5%14.8%
(ii) after 18 months9%14.8%

     (3) The reduced tax rates under subsection (2)(a)(i) on production for the first 12 months of natural gas production from a well begins following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
     (4) The reduced tax rate under subsection (2)(c)(i) on production from a horizontally completed well for the first 18 months of production begins following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
     (5) Oil is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
WorkingNonworking
InterestInterest
(a) primary recovery production
(i) first 12 months of qualifying
production0.5%14.8%
(ii) after 12 months
(A) pre-1999 wells12.5%14.8%
(B) post-1999 wells9%14.8%
(b) stripper oil production
(i) first 1 through 10 barrels a day production5.5%14.8%
(ii) more than 10 barrels a day production9.0%14.8%
(c) stripper well exemption production0.5%14.8%
(d) horizontally completed well production
(i) first 18 months of qualifying
production0.5%14.8%
(ii) after 18 months
(A) pre-1999 wells12.5%14.8%
(B) post-1999 wells9%14.8%
(e) incremental production
(i) new or expanded secondary
recovery production8.5%14.8%
(ii) new or expanded tertiary
production5.8%14.8%
(f) horizontally recompleted well
(i) first 18 months5.5%14.8%
(ii) after 18 months
(A) pre-1999 wells12.5%14.8%
(B) post-1999 wells9%14.8%

     (6) (a) The reduced tax rates under subsection (5)(a)(i) for the first 12 months of oil production from a well begins following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that notification has been given to the department.
     (b) (i) The reduced tax rates under subsection (5)(d)(i) on oil production from a horizontally completed well for the first 18 months of production begins following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that the well has been certified as a horizontally completed well to the department by the board.
     (ii) The reduced tax rate under subsection (5)(f)(i) on oil production from a horizontally recompleted well for the first 18 months of production begins following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that the well has been certified as a horizontally recompleted well to the department by the board.
     (c) Incremental production is taxed as provided in subsection (5)(e) if the average price for each barrel of oil as reported in the Wall Street Journal for west Texas intermediate crude oil during a calendar quarter is less than $30 a barrel. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter as determined in subsection (6)(d), then incremental production from pre-1999 wells and from post-1999 wells is taxed at the rate imposed on primary recovery production under subsections (5)(a)(ii)(A) and (5)(a)(ii)(B), respectively, for production occurring in that quarter.
     (d) For the purposes of subsection (6)(c), the average price for each barrel must be computed by dividing the sum of the daily price for west Texas intermediate crude oil as reported in the Wall Street Journal for the calendar quarter by the number of days on which the price was reported in the quarter.
     (7) The tax rates imposed under subsections (2) and (5) on working interest owners and nonworking interest owners must be adjusted to include the privilege and license tax adopted by the board of oil and gas conservation pursuant to 82-11-131.

     History: En. Sec. 4, Ch. 451, L. 1995. amd. Sec. 3, Ch. 571, L. 1995; amd. Sec. 2, Ch. 573, L. 1995; amd. Sec. 4, Ch. 581, L. 1995; amd. Sec. 8, Ch. 466, L. 1997; amd. Sec. 2, Ch. 488, L. 1999; amd. Sec. 2, Ch. 530, L. 1999; amd. Secs. 3, 4, 17(3), Ch. 554, L. 1999.

Previous SectionHelpNext Section
Provided by Montana Legislative Services