§ 39-14-207 — Compliance; collection procedures

Wyoming § 39-14-207

• Jurisdiction: Wyoming
• Title 39: Taxation and Revenue
• Ch. 14: MINE PRODUCT TAXES
• Art. 2: OIL AND GAS

Text

(a) Returns and reports. The following shall apply:
(i) Annually, on or before February 25 of the year
following the year of production any person whose crude oil,
lease condensate or natural gas production is subject to W.S.
39-14-202(a) shall sign under oath and submit a statement
listing the information relative to the production and affairs
of the company as the department may require to assess the
production;
(ii) All information and reports shall be notarized
and signed by a person who has legal authority to bind the
taxpayer;
(iii) For crude oil, lease condensate or natural gas,
the taxpayer shall report the location of the production to the
county and tax district in which the well or property is
located, based upon the actual taxable production produced by
the well or property in each county or tax district. Other
reasonable methods of reporting the location of production may
be approved by the department upon written request of the
taxpayer or taxing jurisdiction;
(iv) For crude oil, lease condensate or natural gas,
the department may presume that the production is located in the
county in which production is reported by the taxpayer pursuant
to paragraph (iii) of this subsection. The department shall not
direct any county to provide relief for taxes paid on taxable
valuation which was erroneously reported and certified to the
wrong county unless the taxpayer files or is directed to file
amended returns within two (2) years of the date of the original
certification of the production. Unless there is evidence of
bad faith or willful disregard of production circumstances, no
taxpayer shall be required to pay taxes on production which was
erroneously reported and certified to the wrong county if relief
for taxes paid is not allowed under this provision;
(v) Except as provided in paragraph (vi) of this
subsection, each taxpayer liable for severance taxes under W.S.
39-14-203(a) shall report monthly to the department. The
monthly tax reports are due on or before the twenty-fifth day of
the second month following the month of production. Reports
shall be filed on forms prescribed by the department. The
department may allow extensions for filing returns by
regulation;
(vi) If a taxpayer's liability for severance taxes is
less than thirty thousand dollars ($30,000.00) for the preceding
calendar year, monthly reporting requirements are waived and the
taxpayer shall report annually. The annual report is due on
February 25 of the year following the year in which production
occurred. If a taxpayer who reports annually accumulates an
annual liability exceeding thirty thousand dollars ($30,000.00),
that taxpayer shall commence reporting monthly as provided in
paragraph (v) of this subsection during the production year
following the year in which the accumulated tax liability
exceeded thirty thousand dollars ($30,000.00). It is the
taxpayer's responsibility to notify the department concerning
the change from annual to monthly reporting requirements or from
monthly to annual reporting.
(b) Payment. The following shall apply:
(i) Annually, on or before October 10 the county
treasurer shall send a written statement in sealed envelopes of
total ad valorem tax due, itemized as to production description,
assessed value and mill levies, to each taxpayer at his last
known address. Failure to send notice, or to demand payment of
taxes, does not invalidate any taxes due;
(ii) Ad valorem taxes are due and payable:
(A) For the 2019 tax year and all preceding tax
years, at the office of the county treasurer of the county in
which the taxes are levied. Fifty percent (50%) of the taxes are
due on and after September 1 and payable on and after November
10 in each year and the remaining fifty percent (50%) of the
taxes are due on and after March 1 and payable on and after May
10 of the succeeding calendar year except as hereafter provided.
If the entire tax is paid on or before December 31, no interest
or penalty is chargeable;
(B) Effective January 1, 2020 for tax year 2020
and each year thereafter, ad valorem taxes are due as provided
in W.S. 39-13-113.
(iii) Except as provided in paragraph (iv) of this
subsection, each taxpayer liable for severance taxes under W.S.
39-14-203(a) shall pay monthly tax payments to the department.
The payment shall be determined by the taxpayer based on the
value of the gross product of the crude oil, lease condensate or
natural gas produced and saved during the second preceding
month, and tax computed on value at rates prescribed by W.S.
39-14-204(a). The monthly tax payments are due on or before the
twenty-fifth day of the second month following the month of
production. If the report the taxpayer is required to file shows
tax due, the taxpayer shall pay the tax due when the report is
filed. The department may allow extensions for paying taxes by
regulation. The department may, if an extension is granted,
request the payment of the reasonable estimate of ninety percent
(90%) of the tax by the statutory due date, with the remaining
tax remitted with the extended return;
(iv) If a taxpayer's liability for severance taxes is
less than thirty thousand dollars ($30,000.00) for the preceding
calendar year, monthly payment requirements are waived and the
taxpayer shall pay the tax annually. The annual report and
payment are due on February 25 of the year following the year in
which production occurred. If a taxpayer who pays annually
accumulates an annual liability exceeding thirty thousand
dollars ($30,000.00), that taxpayer shall commence remitting tax
payments as provided in paragraph (iii) of this subsection
during the production year following the year in which the
accumulated tax liability exceeded thirty thousand dollars
($30,000.00). It is the taxpayer's responsibility to notify the
department concerning the change from annual to monthly payment
requirements or from monthly to annual payment.
(c) Timelines. Except as otherwise specifically provided,
there are no general applicable provisions for timelines for
this article.