Mineral tax archaic provisions.

ORIGINAL
Senate
File No
.
SF0021

ENROLLED ACT NO. 11,

SENATE

SIXTY-FOUR LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to mine product taxes; removing obsolete language; repealing obsolete provisions; conforming provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
39
‑
14
‑
104(a)(intro),
39
‑
14
‑
108(b)(iii), 39
‑
14
‑
111(g)
(intro)
, 39
‑
14
‑
204(a)(iii) and
(iv), 39
‑
14
‑
208(b)(iii), 39
‑
14
‑
308(b)(iii), 39
‑
14
‑
311(c)
(intro)
, 39
‑
14
‑
408(b)(iii), 39
‑
14
‑
411(b)
(intro)
, 39
‑
14
‑
505 by creating a new subsection (c), 39
‑
14
‑
508(b)(iii), 39
‑
14
‑
511(c)
(intro)
, 39
‑
14
‑
608(b)(iii), 39
‑
14
‑
611(b)
(intro)
, 39
‑
14
‑
708(b)(iii) and 39
‑
14
‑
711(b)
(intro)
are amended to read:

39
‑
14
‑
104
.

Tax rate.

(a)

Except as otherwise provided by W.S. 39
‑
14
‑
105,

T
he total severance tax rate for surface coal shall be seven percent (7%). This rate comprises one and one
‑
half percent (1.5%) imposed by Wyoming constitution article 15, section 19, and five and one
‑
half percent (5.5%) imposed statutorily. The tax shall be distributed as provided in W.S. 39
‑
14
‑
111 and is imposed as follows:

39
‑
14
‑
108
.

Enforcement.

(b)

Audits. The following shall apply:

(iii)

Commencing January 1, 2003,
T
he department is authorized to rely on final audit findings, taxpayer amended returns or department review, and to certify mine product valuation amendments to the county assessor of the county in which the property is located, to be entered upon
the assessment rolls of the county and taxes computed and collected thereon subject to appeal under W.S. 39
‑
14
‑
109(b)(ii), provided that the return is filed within three (3) years from the date the production should have been reported pursuant to W.S. 39
‑
14
‑
107(a)(i), and that the audit or review commenced within the time period as required by paragraph (vii) of this subsection. Commencement of an audit, completion of an audit, and final audit findings and final determination by the department being issued to the taxpayer shall not preclude the taxpayer from filing amended returns within the time period specified herein, and the amended returns may be audited within the time period stated in paragraph (vii) of this subsection;

39
‑
14
‑
111
.

Distribution.

(g)

All payments received pursuant to W.S. 39
‑
14
‑
107(b)(iii) shall be transferred to an account. The monies in this account shall be invested or deposited in accordance with W.S. 9
‑
4
‑
714 through 9
‑
4
‑
831, and any interest earned shall be credited to the general fund. The revenue under W.S. 39
‑
14
‑
107(b)(iii) shall be distributed in accordance with this section subject to the following
:
and except as otherwise provided by law for fiscal year 1994:

39
‑
14
‑
204
.

Tax rate.

(a)

Except as otherwise provided by this section and W.S. 39
‑
14
‑
205, the total severance tax on crude oil, lease condensate or natural gas shall be six percent (6%), comprising one and one
‑
half percent (1.5%) imposed by the Wyoming constitution article 15, section 19 and the remaining amount imposed by Wyoming statute. The tax shall
be distributed as provided in W.S. 39
‑
14
‑
211 and is imposed as follows:

(iii)

Two percent (2%)
;
, except for the period January 1, 1999 through December 31, 1999, the rate for crude oil production under this paragraph shall be one percent (1%). If the average monthly price received by Wyoming crude oil producers as determined by the department of revenue equals or exceeds twenty dollars ($20.00) per barrel for three (3) consecutive months, the reduced tax rate of one percent (1%) specified in this paragraph for the period of January 1, 1999 through December 31, 1999 shall terminate;
plus

(iv)

Two percent (2%)
.
, except for the period January 1, 1999 through December 31, 1999, the rate for crude oil production under this paragraph shall be one percent (1%). If the average monthly price received by Wyoming crude oil producers as determined by the department of revenue equals or exceeds twenty dollars ($20.00) per barrel for three (3) consecutive months, the reduced tax rate of one percent (1%) specified in this paragraph for the period of January 1, 1999 through December 31, 1999 shall terminate.

39
‑
14
‑
208
.

Enforcement.

(b)

Audits. The following shall apply:

(iii)

Commencing January 1, 2003,
T
he department is authorized to rely on final audit findings, taxpayer amended returns or department review, and to certify mine product valuation amendments to the county assessor of the county from which the crude oil, lease condensate or natural gas was produced, to be entered upon the assessment
rolls of the county and taxes computed and collected thereon subject to appeal under W.S. 39
‑
14
‑
209(b)(v), provided that the return is filed within three (3) years from the date the production should have been reported pursuant to W.S. 39
‑
14
‑
207(a)(i), and that the audit or review commenced within the time period as required by paragraph (vii) of this subsection. Commencement of an audit, completion of an audit, and final audit findings and final determination by the department being issued to the taxpayer shall not preclude the taxpayer from filing amended returns within the time period specified herein, and the amended returns may be audited within the time period stated in paragraph (vii) of this subsection;

39
‑
14
‑
308
.

Enforcement.

(b)

Audits. The following shall apply:

(iii)

Commencing January 1, 2003,
T
he department is authorized to rely on final audit findings, taxpayer amended returns or department review, and to certify mine product valuation amendments to the county assessor of the county in which the property is located, to be entered upon the assessment rolls of the county and taxes computed and collected thereon subject to appeal under W.S. 39
‑
14
‑
309(b)(ii), provided that the return is filed within three (3) years from the date the production should have been reported pursuant to W.S. 39
‑
14
‑
307(a)(i), and that the audit or review commenced within the time period as required by paragraph (vii) of this subsection. Commencement of an audit, completion of an audit, and final audit findings and final determination by the department being issued to the taxpayer shall not preclude the taxpayer from filing amended returns within the time period specified herein, and the amended returns may be audited
within the time period stated in paragraph (vii) of this subsection;

39
‑
14
‑
311
.

Distribution.

(c)

All payments received pursuant to W.S. 39
‑
14
‑
307(b)(iii) shall be transferred to an account. The monies in this account shall be invested or deposited in accordance with W.S. 9
‑
4
‑
714 through 9
‑
4
‑
831, and any interest earned shall be credited to the general fund. The revenue under W.S. 39
‑
14
‑
307(b)(iii) shall be distributed in accordance with this section, subject to the following
:
and except as otherwise provided by law for fiscal year 1994:

39
‑
14
‑
408
.

Enforcement.

(b)

Audits. The following shall apply:

(iii)

Commencing January 1, 2003,
T
he department is authorized to rely on final audit findings, taxpayer amended returns or department review, and to certify mine product valuation amendments to the county assessor of the county in which the property is located, to be entered upon the assessment rolls of the county and taxes computed and collected thereon subject to appeal under W.S. 39
‑
14
‑
409(b)(ii), provided that the return is filed within three (3) years from the date the production should have been reported pursuant to W.S. 39
‑
14
‑
407(a)(i), and that the audit or review commenced within the time period as required by paragraph (vii) of this subsection. Commencement of an audit, completion of an audit, and final audit findings and final determination by the department being issued to the taxpayer shall not preclude the taxpayer from filing amended returns within the time period
specified herein, and the amended returns may be audited within the time period stated in paragraph (vii) of this subsection;

39
‑
14
‑
411
.

Distribution.

(b)

All payments received pursuant to W.S. 39
‑
14
‑
407(b)(iii) shall be transferred to an account. The monies in this account shall be invested or deposited in accordance with W.S. 9
‑
4
‑
714 through 9
‑
4
‑
831, and any interest earned shall be credited to the general fund. The revenue under W.S. 39
‑
14
‑
407(b)(iii) shall be distributed in accordance with subsection (a) of this section, subject to the following
:
and except as otherwise provided by law for fiscal year 1994:

39
‑
14
‑
505
.

Exemptions.

(c)

There are no specific applicable provisions for exemptions for this article.

39
‑
14
‑
508
.

Enforcement.

(b)

Audits. The following shall apply:

(iii)

Commencing January 1, 2003,
T
he department is authorized to rely on final audit findings, taxpayer amended returns or department review, and to certify mine product valuation amendments to the county assessor of the county in which the property is located, to be entered upon the assessment rolls of the county and taxes computed and collected thereon subject to appeal under W.S. 39
‑
14
‑
509(b)(ii), provided that the return is filed within three (3) years from the date the production should have been reported pursuant to W.S. 39
‑
14
‑
507(a)(i), and that
the audit or review commenced within the time period as required by paragraph (vii) of this subsection. Commencement of an audit, completion of an audit, and final audit findings and final determination by the department being issued to the taxpayer shall not preclude the taxpayer from filing amended returns within the time period specified herein, and the amended returns may be audited within the time period stated in paragraph (vii) of this subsection;

39
‑
14
‑
511
.

Distribution.

(c)

All payments received pursuant to W.S. 39
‑
14
‑
507(b)(iii) shall be transferred to an account. The monies in this account shall be invested or deposited in accordance with W.S. 9
‑
4
‑
714 through 9
‑
4
‑
831, and any interest earned shall be credited to the general fund. The revenue under W.S. 39
‑
14
‑
507(b)(iii) shall be distributed in accordance with subsections (a) and (b) of this section, subject to the following
:
and except as otherwise provided by law for fiscal year 1994:

39
‑
14
‑
608
.

Enforcement.

(b)

Audits. The following shall apply:

(iii)

Commencing January 1, 2003,
T
he department is authorized to rely on final audit findings, taxpayer amended returns or department review, and to certify mine product valuation amendments to the county assessor of the county in which the property is located, to be entered upon the assessment rolls of the county and taxes computed and collected thereon subject to appeal under W.S. 39
‑
14
‑
609(b)(ii), provided that the return is filed within three (3) years from the date the production should have
been reported pursuant to W.S. 39
‑
14
‑
607(a)(i), and that the audit or review commenced within the time period as required by paragraph (vii) of this subsection. Commencement of an audit, completion of an audit, and final audit findings and final determination by the department being issued to the taxpayer shall not preclude the taxpayer from filing amended returns within the time period specified herein, and the amended return may be audited within the time period stated in paragraph (vii) of this subsection;

39
‑
14
‑
611
.

Distribution.

(b)

All payments received pursuant to W.S. 39
‑
14
‑
607(b)(iii) shall be transferred to an account. The monies in this account shall be invested or deposited in accordance with W.S. 9
‑
4
‑
714 through 9
‑
4
‑
831, and any interest earned shall be credited to the general fund. The revenue under W.S. 39
‑
14
‑
607(b)(iii) shall be distributed in accordance with subsection (a) of this section, subject to the following
:
and except as otherwise provided by law for fiscal year 1994:

39
‑
14
‑
708
.

Enforcement.

(b)

Audits. The following shall apply:

(iii)

Commencing January 1, 2003,
T
he department is authorized to rely on final audit findings, taxpayer amended returns or department review, and to certify mine product valuation amendments to the county assessor of the county in which the property is located, to be entered upon the assessment rolls of the county and taxes computed and collected thereon subject to appeal under W.S. 39
‑
14
‑
709(b)(ii), provided that the return is filed within
three (3) years from the date the production should have been reported pursuant to W.S. 39
‑
14
‑
707(a)(i), and that the audit or review commenced within the time period as required by paragraph (vii) of this subsection. Commencement of an audit, completion of an audit, and final audit findings and final determination by the department being issued to the taxpayer shall not preclude the taxpayer from filing amended returns within the time period specified herein, and the amended returns may be audited within the time period stated in paragraph (vii) of this subsection;

39
‑
14
‑
711
.

Distribution.

(b)

All payments received pursuant to W.S. 39
‑
14
‑
707(b)(iii) shall be transferred to an account. The monies in this account shall be invested or deposited in accordance with W.S. 9
‑
4
‑
714 through 9
‑
4
‑
831, and any interest earned shall be credited to the general fund. The revenue under W.S. 39
‑
14
‑
707(b)(iii) shall be distributed in accordance with this section, subject to the following
:

and except as otherwise provided by law for fiscal year 1994:

Section 2
.

W.S. 39
‑
14
‑
105(b) and (c), 39
‑
14
‑
111(e), 39
‑
14
‑
205(b),
(c), (e) through (g) and
(k), 39
‑
14
‑
505(a) and (b) and 39
‑
14
‑
511(d) are repealed.

Section
3
.

This
act is effective July 1,
201
6
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1