Okla. Admin. Code § 432:10-3-3

Current through Vol. 42, No. 3, October 15, 2024

Section 432:10-3-3 - Refund requests

(a) Any party subject to the Fee authorized by 52 O.S., Section 703 may request a Refund of said Fee. A party may request a Refund only for net production actually owned by that party. A party which redistributes production proceeds to a third party (or third parties) may not claim a Refund for or on behalf of those third parties. The third parties must apply for their own Refund.

(b) Requests for a Refund shall be submitted to the Commission during the first three (3) calendar months following the calendar year for which the Refund is sought.

(c) Requests for a Refund shall be made to the Commission at Sarkeys Energy Center, 100 E. Boyd, Suite 510A, Norman, Oklahoma 73019-0628. ¹

(d) Requests for a Refund must be submitted on a form prescribed by the Commission and shall contain, at a minimum, the following information:

(1) a description of the producing property generating the production for which the Refund is requested, name of well or unit, and the Oklahoma Tax Commission assigned production unit number;

(2) the total amount of the Refund requested;

(3) the gross amount of oil and/or gas revenue received during the calendar year for which the Refund is being requested;

(4) the name and address of the purchasers who collected the Fee;

(5) the name and address of the party from whom the Fee was collected;

(6) a self-addressed envelope bearing the address of the party to receive the Refund;

(7) Social Security Number or Tax Identification Number of the requesting party.

(e) Any request for a Refund must be postmarked not later than March 31 of the year immediately following the calendar year for which the Refund is being requested. Failure to file a request for a Refund on or before March 31, shall terminate the right of any person to receive a Refund of the Fee paid on production for the preceding calendar year.

(f) Requests for Refunds must be complete and provide all information requested in the application form. An incomplete application will not be deemed filed until all information and/or documentation has been submitted.

(g) The Refund Committee shall review all Refund requests and make its recommendations to the Commission within one hundred twenty (120) days of receipt of a Refund request. The Commission shall at its next regular monthly meeting consider the recommendations of the Refund Committee and accept or reject the Refund Committee recommendations.

(h) Refunds shall be made only to the owner, as of the date the Fee is levied, of the production or production proceeds against which the Fee was assessed.

(i) Each Refund claimant must submit supporting evidence demonstrating the net barrels of oil, cubic feet of natural gas and amount of condensate owned by the claimant. Such evidence would include copies of the check stubs received from the distributor of revenue showing the net ownership of the payee. Refund claimants must show evidence of redistributions to third parties, if any, and deduct same from the Refund request. The Commission may require such additional information and/or documentation as is reasonably necessary to verify the accuracy of the Refund request.

Okla. Admin. Code § 432:10-3-3

Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95

¹The Commission has relocated to 3535 N.W. 58th Street, Suite 870, Oklahoma City, OK 73112.