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23LSO-0507
2023
STATE OF WYOMING
23LSO-0507
Numbered
2.0
SENATE FILE NO. SF0081
Monthly ad valorem tax revisions.
Sponsored by: Senator(s) Barlow, Dockstader and Driskill and Representative(s) Burkhart, Crago, Harshman and Zwonitzer, Dn
A BILL
for
AN ACT relating to ad valorem taxation of mineral production; clarifying the calculation of the payment amount for mineral production; clarifying distribution of monthly ad valorem payments received by the county treasurer; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 39
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13
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113(a), (b)(intro) and (c) is amended to read:
39
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13
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113.
Monthly payment of ad valorem tax on gross product of mineral production.
(a)
Commencing with mineral and mine production on January 1, 2020, this section shall govern the payment of all ad valorem taxes on the value of the gross product of minerals and mine products, hereafter referred to as the "ad valorem tax on mineral production". Any provisions of this title related to the ad valorem tax on mineral production that do not conform to the processes and procedures set forth in this section are superseded by this section to the extent the procedures conflict with this section.
For purposes of administering this section, the tax year shall be the calendar year when mineral production occurs.
(b)
Except as provided in this section, all mineral and mine producers in the state shall report ad valorem mineral production to the department on or before the twenty
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fifth day of the second month following the month of production and shall pay the ad valorem tax on mineral production for each county on a monthly basis as indicated on an invoice sent by the department. The department shall invoice each producer on or before the tenth day of the month following the report. Payments shall be due and payable to the department on or before the twenty
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fifth day of the third month following the month of production. Payments under this subsection shall not be less than the amount calculated by the department by applying the
most recent
mill levy rate established by the county
in the immediately preceding year
to the value of the gross product of minerals and mine products produced each month.
Annually, on or before September 20, the county treasurer shall send a written statement to each taxpayer by mail at his last known address or, if offered by the county and upon request of the taxpayer, by electronic transmission, of any tax due or overpayment received after applying the amount the county has received from that taxpayer through monthly payments under this section by reconciling those payments with the applicable mill levy rate for that production year, itemized as to property description, assessed value and applicable mill levies. Failure to send notice, or to demand payment of taxes, does not invalidate any taxes due. The taxpayer shall reconcile the amount indicated on the notice as follows:
(c)
Collection and distribution. Monthly and annual payments of the ad valorem tax on mineral production shall be collected by the department on behalf of each county. The department shall properly account for the payments received and distribute the payments monthly to the county treasurer. Upon distribution of funds to counties under this subsection
,
the amount
received by the county treasurer
shall be proportionally distributed by the county treasurer to each taxing entity
that is authorized to receive a tax levy for that production year
within the county as provided in W.S. 39
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13
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111.
Section 2
.
This act is effective July 1, 2023
.
(END)
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SF0081