(a) Each operator shall: - (i) For ad valorem (gross products) tax purposes, annually file a sworn statement required pursuant to W.S. 39-14-107(a)(f) for coal, W.S. W.S. W.S. 39-14-207(a)(i) for oil and gas, W.S. W.S. 39-14-307(a)(i) for trona, W.S. W.S. W.S. 39-14-407(a)(i) for bentonite, W.S. W.S. W.S. 39-14-507(a)(i) for uranium, W.S. W.S. W.S. 39-14-607(a)(i) for sand and gravel, W.S. W.S. W.S. 39-14-707(a)(i) for other valuable deposits with the Department. The Department shall prescribe the form of the statement and may issue written instructions and guidelines to assure uniform compliance with the reporting requirements. The sworn statement shall include:
- (A) Information identifying the operator and a description of the mine, or property from which any minerals were removed, extracted, severed or produced. Such description shall include the name of the property, legal description, lease or unit number, if any, and the code number assigned by the Department.
- (B) Information concerning the total quantity or volume of the gross production in appropriate units of measurement as defined in Section 4 a, paragraphs (d) and (e) for solid minerals and in Section 4 b, paragraphs (c) and (d) for oil and gas. Any production which is reported as taken in kind shall be reported on actual production taken, including exempt royalty burdens, as opposed to production entitlement. Production and/or sales volumes and values for all producing wells located on a lease or unit shall be included in the tax return for that property.
- (C) Information concerning the sale or use of any mineral or minerals removed, extracted, severed or produced. Such information shall include the quantity or volume and aggregate price of any mineral which is sold, and an estimate of the quantity or volume of any mineral which is stored or used without sale also including the use for the mineral;
- (D) Current information regarding the extent and identity of exempt, working and non working interest owners or division orders if requested. All reporting interests must total one hundred percent (100%);
- (E) Information concerning all costs which relate to processing and transportation; and
- (F) Copies of coal sales contracts and contract summaries as required by W.S. W.S. W.S. 39-14-107(a)(i)(A). Contract copies shall be submitted by the taxpayer within 18 months after the date of the agreement provided the contract is publicly available. Contracts are publicly available when available to the public through other government agencies, private consulting or data collection firms or through any other source which allows public access.
- (G) Gross products filing dates for oil and natural gas reports;
- (I) The statutory due date for annual oil and natural gas reports is February 25th of the year following the production year.
- (II) Extensions of time to file these reports, for up to 60 days, may be granted for cause. Extension requests must be in writing and be received by the Mineral Tax Division prior to the statutory due date.
- (Ill) In addition to the gross products reports filed with the Department of Revenue, each taxpayer whose current reported annual volume produced is in excess of 500,000 mcfs of gas or 50,000 barrels of oil per county shall provide an estimate of taxable value to the appropriate county assessor by May 1 of the current reporting year to enable the various tax districts to begin their budget process in a timely and accurate manner. The Department may identify additional taxpayers for reporting under this subsection as requested by a county. This information is to be provided on the form prescribed by the Department. Failure to file this report may subject the taxpayer to a penalty of up to one thousand dollars as provided by W.S. W.S. 39-14-208(d)(ii).
- (H) W.S. W.S. W.S. 39-14-202(a)(iii) requires the Department of Revenue to certify the annual oil and natural gas valuation to the counties on June 1, or as soon thereafter as the fair market value is determined. Taxpayers may be granted filing extensions to allow sufficient time for accurate tax return preparation. To accommodate the extended reporting deadlines, annual fair market value determinations and certifications will be deferred until July 1.
- (ii) For severance tax purposes, monthly file with the Department a statement of information containing the quantity and value of the gross production. Production data for all producing wells and those capable of producing located on a lease or unit shall be included in the tax return for that property. Data and computations relating to differences between the gross sales value and taxable value shall be reported, and the total amount due shall be remitted with the tax return. When an interest owner has elected to have the operator report and remit on their behalf, a monthly statement of take in kind volumes and all other information necessary for reporting taxable values shall be supplied by the take in kind interest owner or representative to the operator by the fourth working day of the second month following the month of production. The taxpayer is responsible for computing the taxable value and the tax due in accordance with all applicable statutes and rules.
- (iii) File the severance tax report and remit payment on or before the 25th day of the second month following the month of production. The report will be considered timely filed if postmarked on or before the 25th day of the second month following the month of production.
- (iv) File any request for extension of a monthly filing deadline with the Department in writing not less than five days prior to the statutory due date. Any extension if granted, shall be conditional upon payment of the reasonable estimate of 90% of the tax by the statutory due date, with the remaining tax to be remitted with the extended return.
(b) All financial data required to be reported under this section shall be determined and reported in accordance with generally accepted accounting principles (GAAP) unless otherwise required by these rules.
(c) Any person owning a non exempt interest who elects to take his production in kind shall file all reports and information required by subsection (a) of this section relating to the sale or use of production taken in kind. The actual quantity taken (not entitlements) shall be reported including the exempt royalty burden for which they are responsible pursuant to the exempt royalty provisions of the joint operating agreement. If the exempt royalty reported is not the product of the royalty rate multiplied by the value of the production being reported, the taxpayer shall notify the Department in writing and specify the reason for the difference. The take in kind interest owner may provide the operator of the property with the necessary value, volume and other information by the second Monday in February to allow the operator to report on behalf of the take in kind interest owner. This election shall be made by the persons taking in kind, not the operator, consistent with Section 6. In the absence of such agreement, however, an operator is not relieved from filing all reports and information required by subsection (a) of this section including the identity and extent of interest owners electing to take production in kind and the actual quantity or volume of production taken in kind (not entitlements) including exempt royalty burdens; provided however, that an operator is not required to report information relating to sale or disposition of production taken in kind if the interest owner has not made the election described in Section 6.
(d) When a producing lease or portion thereof becomes a part of a unit during the production year, the operator shall report the production from January 1 to the unitization date, and the operator of the unit shall report the production of the unit from the date of unitization through December 31.
(e) If a producing property is sold during the production year, the operator of the property prior to sale shall report mineral production from January 1 up to the date of sale. The operator who assumes the operation after the date of sale shall report production from the date of sale through December 31.
(f) All production tax returns and return information including all statements, reports, summaries, and all other data and documents under audit or provided by the taxpayer in accordance with W.S. W.S. W.S. 39-14-107(a)(i) for coal, W.S. W.S. W.S. 39-14-207(a)(i) for oil and gas, W.S. W.S. 39-14-307(a)(i) fortrona, W.S. W.S. W.S. 39-14-407(a)(i) forbentonite, W.S. W.S. W.S. 39-14-507(a)(i) for uranium, W.S. W.S. W.S. 39-14-607(a)(i) for sand and gravel, W.S. W.S. W.S. 39-14-707(a)(i) for other valuable deposits and related statute sections shall be confidential. Any disclosure of this information to other government agencies shall be in accordance with W.S. W.S. W.S. 39-14-102(g) for coal, W.S. W.S. W.S. 39-14-202(b)(iii) for oil and gas, W.S. W.S. W.S. 39-14-302(g) fortrona, W.S. 39-14402(f) for bentonite, W.S. W.S. W.S. 39-14-502(f) for uranium, W.S. W.S. W.S. 39-14-602(f) for sand and gravel, W.S. W.S. W.S. 39-14-702(g) for other valuable deposits. Information or data which would otherwise be confidential that must be disclosed through formal discovery in a contested case proceeding will be aggregated or otherwise combined with information from several taxpayers to protect the confidentiality of the information. All parties to a contested case shall agree to protective orders when appropriate. (W.S. W.S. 39-14-102(h) for coal, W.S. W.S. W.S. 39-14-202(b)(iv) for oil and gas, W.S. W.S. W.S. 39-14-302(h) for trona, W.S. W.S. W.S. 39-14-402(g) for bentonite, W.S. W.S. W.S. 39-14-502(g) for uranium, W.S. W.S. W.S. 39-14-602(g) for gravel, W.S. W.S. W.S. 39-14-702(h) for other valuable deposits).
(g) The penalties for failure to comply with the take-in-kind reporting and payment requirements are established by W.S. W.S. W.S. 39-14-108(d) for coal, W.S. W.S. W.S. 39-14-208(d) for oil and gas, W.S. W.S. 39-14-308(d) for trona, W.S. W.S. W.S. 39-14-408(d) for bentonite, W.S. W.S. W.S. 39-14-508(d) for uranium, W.S. W.S. W.S. 39-14-608(d) for sand and gravel, W.S. W.S. W.S. 39-14-708(d) for other valuable deposits. When the Department does not receive a tax return and alleges the reporting entity has not filed the return, to avoid a late filing penalty, the reporting entity must produce documentation establishing the return was filed.