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SF0045 • 2021

Monthly ad valorem tax revisions.

AN ACT relating to ad valorem taxation of mineral production; codifying the payment of ad valorem taxation during the transition period between the current payment schedule and monthly payment of the tax; specifying penalties; repealing related provisions; providing an appropriation; and providing for an effective date.

Budget Land Taxes
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Revenue
Last action
2021-04-01
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The candidate explanation includes details about specific due dates and percentages for calendar years 2018-2025, which are not fully supported by the provided official source material.

Monthly Ad Valorem Tax Revisions

This act changes how ad valorem tax on mineral production is paid during a transition period and sets penalties for late payments.

What This Bill Does

  • Codifies the payment schedule of ad valorem taxation for mineral production from calendar years 2018 to 2025, with specific due dates and percentages.
  • Specifies that after 2026, taxes will be paid monthly at a rate of 8.33% starting March 10th each year unless the legislature changes this schedule.
  • Sets penalties for not paying taxes on time as required by law.

Who It Names or Affects

  • Mineral production companies that pay ad valorem tax in Wyoming.

Terms To Know

Ad Valorem Tax
A property tax based on the value of a product or asset, such as mineral production.
Mill Levy Rate
The rate used to calculate property taxes in Wyoming, expressed in mills (one-thousandth of a dollar).

Limits and Unknowns

  • This bill is marked as inactive and did not pass into law.
  • It only applies during the transition period between current payment schedules and monthly payments.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0045SS001

Standing Committee • Senate Revenue Committee

Adopted

Plain English: The amendment adds a provision to appropriate $1.00 from the legislative stabilization reserve account for the Department of Revenue's costs related to implementing the act.

  • Adds an appropriation of one dollar ($1.00) from the legislative stabilization reserve account to the Department of Revenue for implementation costs of the act.
  • Changes references from 'department' to 'counties'.
  • Updates section numbering by changing 'Section 3.' to 'Section 4.'.
  • The amendment text specifies a very small appropriation amount, which may not fully convey its practical impact or intent.
  • Details about the actual implementation costs and how they will be managed are not provided in this amendment.

Bill History

  1. 2021-04-01 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2021-04-01 House

    H No report prior to CoW Cutoff

  3. 2021-02-01 House

    H Introduced and Referred to H03 - Revenue

  4. 2021-02-01 House

    H Received for Introduction

  5. 2021-01-29 Senate

    S 3rd Reading:Passed 26-2-1-1-0

  6. 2021-01-29 Senate

    S 2nd Reading:Passed

  7. 2021-01-28 Senate

    S COW:Passed

  8. 2021-01-27 Senate

    S Placed on General File

  9. 2021-01-27 Senate

    S02 - Appropriations:Recommend Do Pass 5-0-0-0-0

  10. 2021-01-27 Senate

    :Rerefer to S02 - Appropriations

  11. 2021-01-27 Senate

    S03 - Revenue:Recommend Amend and Do Pass 5-0-0-0-0

  12. 2021-01-12 Senate

    S Introduced and Referred to S03 - Revenue

  13. 2021-01-12 Senate

    S Received for Introduction

  14. 2021-01-08 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0304
2021
STATE OF WYOMING
21LSO-0304
ENGROSSED
3.0

SENATE FILE NO. SF0045

Monthly ad valorem tax revisions.

Sponsored by: Joint Revenue Interim Committee

A BILL

for

AN ACT relating to ad valorem taxation of mineral production; codifying the payment of ad valorem taxation during the transition period between the current payment schedule and monthly payment of the tax; specifying penalties; repealing related provisions; providing an appropriation; and providing for an effective date.

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

Section 1.

W.S. 39
‑
13
‑
113 by creating new subsections (g) and (h) is amended to read:

39
‑
13
‑
113.

Monthly payment of ad valorem tax on gross product of mineral production.

(g)

Notwithstanding subsection (b) of this section providing for monthly payments, the following payment schedule shall apply to the payment of ad valorem tax to the department or to the counties as applicable for mineral production for the specified tax years, provided that the payments under this subsection shall not apply to any taxpayer that makes an agreement under W.S. 39
‑
13
‑
113(f):

(i)

For the ad valorem tax on mineral production from calendar year 2018, the second fifty percent (50%) payment shall be due to the counties on May 10, 2020 under the processes and procedures in place prior to January 1, 2020;

(ii)

For the ad valorem tax on mineral production from calendar year 2019, payments shall be due to the counties as follows:

(A)

Twenty
‑
five percent (25%) on October 10, 2020;

(B)

Twenty
‑
five percent (25%) on November 10, 2020;

(C)

Sixteen and sixty
‑
six hundredths percent (16.66%) on April 10, 2021;

(D)

Sixteen and sixty
‑
seven hundredths percent (16.67%) on May 10, 2021;

(E)

Sixteen and sixty
‑
seven hundredths percent (16.67%) on June 10, 2021.

(iii)

For the ad valorem tax on mineral production from calendar year 2020, payments shall be due to the counties as follows:

(A)

Sixteen and sixty
‑
six hundredths percent (16.66%) on September 10, 2021;

(B)

Sixteen and sixty
‑
seven hundredths percent (16.67%) on October 10, 2021;

(C)

Sixteen and sixty
‑
seven hundredths percent (16.67%) on November 10, 2021;

(D)

Twelve and one
‑
half percent (12.5%) on the tenth day of March, April, May and June of 2022.

(iv)

For the ad valorem tax on mineral production from calendar year 2021, payments shall be due to the department as provided in this paragraph. Payments shall be calculated using the mill levy rate established by the county for the immediately preceding year and shall be reconciled using the then current mill levy rate not later than December 10, 2023 in the same manner as provided in W.S. 39
‑
13
‑
113(b):

(A)

Twelve and one
‑
half percent (12.5%) on the tenth day of August, September, October and November of 2022;

(B)

Ten percent (10%) on the tenth day of February, March, April, May and June of 2023.

(v)

For the ad valorem tax on mineral production from calendar year 2022, payments shall be due to the department as provided in this paragraph. Payments shall be calculated using the mill levy rate established by the
county for the immediately preceding year and shall be reconciled using the then current mill levy rate not later than December 10, 2024 in the same manner as provided in W.S. 39
‑
13
‑
113(b):

(A)

Ten percent (10%) on the tenth day of July, August, September, October and November of 2023;

(B)

Eight and thirty
‑
three hundredths percent (8.33%) on December 10, 2023;

(C)

Eight and thirty
‑
three hundredths percent (8.33%) on the tenth day of January, February and March 2024;

(D)

Eight and thirty
‑
four hundredths percent (8.34%) on the tenth day of April and May 2024.

(vi)

For the ad valorem tax on mineral production from calendar years 2023 through 2025, payments shall be due to the department as provided in this paragraph. Payments shall be calculated using the mill levy rate established by the county for the immediately
preceding year and shall be reconciled using the then current mill levy rate not later than December 10 of the applicable year in the same manner as provided in W.S. 39
‑
13
‑
113(b). Payments under this paragraph shall be made at a rate of eight and thirty
‑
three hundredths percent (8.33%) of the total amount due on the tenth day of every month beginning June 10, 2024 for 2023 production, provided that the November payment for each year shall be sixteen and sixty
‑
seven hundredths percent (16.67%);

(vii)

For the ad valorem tax on mineral production from calendar years 2026 and each year thereafter, payments shall be due to the department as provided in this paragraph. Payments shall be calculated using the mill levy rate established by the county for the immediately preceding year and shall be reconciled using the then current mill levy rate not later than December 10 of the applicable year in the same manner as provided in W.S. 39
‑
13
‑
113(b). Payments under this paragraph shall be made at a rate of eight and thirty
‑
three hundredths percent (8.33%) of the total amount due on the tenth day of every month beginning March 10, 2027 for 2026 production. Payments shall continue under this paragraph until
affirmative action is taken by the legislature to revise the required payment schedule under this section.

(h)

Failure to pay any tax due pursuant to the procedures in subsection (g) of this this section shall be subject to penalties and interest as provided by law, with penalties and interest accruing from the date that payment is due under that subsection or the date that notice of the tax due was sent to the taxpayer, whichever date is later. Failure to send notice, or to demand payment of taxes, does not invalidate any taxes due.

Section 2.

2020 Wyoming Session Laws, Chapter 142, Section 3 is repealed.

Section 3.

There is appropriated one dollar ($1.00) from the legislative stabilization reserve account to the department of revenue for the costs of implementing this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2022. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall
revert as provided by law on June 30,

2022. It is the intent of the legislature that this appropriation not be included in the department's standard budget for the immediately succeeding fiscal biennium.

Section 4.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0045