DAR File No. 40421

Tax Commission, Property Tax

Section R884-24P-10

Taxation of Underground Rights in Land That Contains Deposits of Oil or Gas Pursuant to Utah Code Ann. Sections 59-2-201 and 59-2-210

Notice of Proposed Rule

(Amendment)

DAR File No.: 40421
Filed: 05/12/2016 10:21:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment corrects a long-standing error in the section and is nonsubstantive in nature.

Summary of the rule or change:

The proposed amendment codifies long-standing practice by replacing the phrase "will shall not" with "may not". This corrects an error in the rule that had been sent to the Office of Administrative Rules (OAR) when the phrase "will not be allowed", which was intended to read "shall not be included", was inadvertently sent to OAR as "will shall not be included". Finally, the proposed amendment makes technical changes.

State statutory or constitutional authorization for this rule:

• Section 59-2-201
• Section 59-2-210

Anticipated cost or savings to:

the state budget:

None--Property tax revenues are local revenues.

local governments:

None--The proposed amendment is nonsubstantive in nature.

small businesses:

None--The proposed amendment is nonsubstantive in nature.

persons other than small businesses, businesses, or local governmental entities:

None--The proposed amendment is nonsubstantive in nature.

Compliance costs for affected persons:

None--The proposed amendment corrects an error in the rule. This correction matches the long-standing practice.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact--This is a nonsubstantive technical amendment.

Rebecca Rockwell, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Property Tax
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2016

This rule may become effective on:

07/08/2016

Authorized by:

Rebecca Rockwell, Commissioner

R884. Tax Commission, Property Tax.

R884-24P. Property Tax.

R884-24P-10. Taxation of Underground Rights in Land That Contains Deposits of Oil or Gas Pursuant to Utah Code Ann. Sections 59-2-201 and 59-2-210.

[A.](1) Definitions.

[1.](a) "Person" is as defined in Section 68-3-12.

[2.](b) "Working interest owner" means the owner of an interest in oil, gas, or other hydrocarbon substances burdened with a share of the expenses of developing and operating the property.

[3.](c) "Unit operator" means a person who operates all producing wells in a unit.

[4.](d) "Independent operator" means a person operating an oil or gas producing property not in a unit.

[5.](e) One person can, at the same time, be a unit operator, a working interest owner, and an independent operator and must comply with all requirements of this rule based upon the person's status in the respective situations.

[6.](f) "Expected annual production" means the future economic production of an oil and gas property as estimated by the Property Tax Division using decline curve analysis. Expected annual production does not include production used on the same well, lease, or unit for the purpose of repressuring or pressure maintenance.

[7.](g) "Product price" means:

[a)](i) Oil: The weighted average posted price for the calendar year preceding January 1, specific for the field in which the well is operating as designated by the Division of Oil, Gas, and Mining. The weighted average posted price is determined by weighing each individual posted price based on the number of days it was posted during the year, adjusting for gravity, transportation, escalation, or deescalation.

[b)](ii) Gas:

[(1)](A) If sold under contract, the price shall be the stated price as of January 1, adjusted for escalation and deescalation.

[(2)](B) If sold on the spot market or to a direct end-user, the price shall be the average price received for the 12-month period immediately preceding January 1, adjusted for escalation and deescalation.

[8.](h) "Future net revenue" means annual revenues less costs of the working interests and royalty interest.

[9.](i) "Revenue" means expected annual gross revenue, calculated by multiplying the product price by expected annual production for the remaining economic life of the property.

[10.](j) "Costs" means expected annual allowable costs applied against revenue of cost-bearing interests:

[a)](i) Examples of allowable costs include management salaries; labor; payroll taxes and benefits; workers' compensation insurance; general insurance; taxes (excluding income and property taxes); supplies and tools; power; maintenance and repairs; office; accounting; engineering; treatment; legal fees; transportation; miscellaneous; capital expenditures; and the imputed cost of self consumed product.

[b)](ii) Interest, depreciation, or any expense not directly related to the unit [will shall]may not be included as allowable costs.

[11.](k) "Production asset" means any asset located at the well site that is used to bring oil or gas products to a point of sale or transfer of ownership.

[B.](2) The discount rate shall be determined by the Property Tax Division using methods such as the weighted cost of capital method.

[1.](a) The cost of debt shall consider market yields. The cost of equity shall be determined by the capital asset pricing model, risk premium model, discounted cash flow model, a combination thereof, or any other accepted methodology.

[2.](b) The discount rate shall reflect the current yield requirements of investors purchasing similar properties, taking into consideration income, income taxes, risk, expenses, inflation, and physical and locational characteristics.

[3.](c) The discount rate shall contain the same elements as the expected income stream.

[C.](3) Assessment Procedures.

[1.](a) Underground rights in lands containing deposits of oil or gas and the related tangible property shall be assessed by the Property Tax Division in the name of the unit operator, the independent operator, or other person as the facts may warrant.

[2.](b) The taxable value of underground oil and gas rights shall be determined by discounting future net revenues to their present value as of the lien date of the assessment year and then subtracting the value of applicable exempt federal, state, and Indian royalty interests.

[3.](c) The reasonable taxable value of productive underground oil and gas rights shall be determined by the methods described in [C.2. of this rule]Subsection (3)(b) or such other valuation method that the Tax Commission believes to be reasonably determinative of the property's fair market value.

[4.](d) The value of the production assets shall be considered in the value of the oil and gas reserves as determined in [C.2. above]Subsection (3)(b). Any other tangible property shall be separately valued at fair market value by the Property Tax Division.

[5.](e) The minimum value of the property shall be the value of the production assets.

[D.](4) Collection by Operator.

[1.](a) The unit operator may request the Property Tax Division to separately list the value of the working interest, and the value of the royalty interest on the Assessment Record. When such a request is made, the unit operator is responsible to provide the Property Tax Division with the necessary information needed to compile this list. The unit operator may make a reasonable estimate of the ad valorem tax liability for a given period and may withhold funds from amounts due to royalty. Withheld funds shall be sufficient to ensure payment of the ad valorem tax on each fractional interest according to the estimate made.

[a)](i) If a unit operating agreement exists between the unit operator and the fractional working interest owners, the unit operator may withhold or collect the tax according to the terms of that agreement.

[b)](ii) In any case, the unit operator and the fractional interest owner may make agreements or arrangements for withholding or otherwise collecting this tax. This may be done whether or not that practice is consistent with the preceding paragraphs so long as all requirements of the law are met. When a fractional interest owner has had funds withheld to cover the estimated ad valorem tax liability and the operator fails to remit such taxes to the county when due, the fractional interest owner shall be indemnified from any further ad valorem tax liability to the extent of the withholding.

[c)](iii) The unit operator shall compare the amount withheld to the taxes actually due, and return any excess amount to the fractional interest owner within 60 days after the delinquent date of the tax. At the request of the fractional interest owner the excess may be retained by the unit operator and applied toward the fractional interest owner's tax liability for the subsequent year.

[2.](b) The penalty provided for in Section 59-2-210 is intended to ensure collection by the county of the entire tax due. Any unit operator who has paid this county imposed penalty, and thereafter collects from the fractional interest holders any part of their tax due, may retain those funds as reimbursement against the penalty paid.

[3.](c) Interest on delinquent taxes shall be assessed as set forth in Section 59-2-1331.

[4.](d) Each unit operator may be required to submit to the Property Tax Division a listing of all fractional interest owners and their interests upon specific request of the Property Tax Division. Working interest owners, upon request, shall be required to submit similar information to unit operators.

 

KEY: taxation, personal property, property tax, appraisals

Date of Enactment or Last Substantive Amendment: [January 1], 2016

Notice of Continuation: January 3, 2012

Authorizing, and Implemented or Interpreted Law: Art. XIII, Sec 2; 9-2-201; 11-13-302; 41-1a-202; 41-1a-301; 59-1-210; 59-2-102; 59-2-103; 59-2-103.5; 59-2-104; 59-2-201; 59-2-210; 59-2-211; 59-2-301; 59-2-301.3; 59-2-302; 59-2-303; 59-2-303.1; 59-2-305; 59-2-306; 59-2-401; 59-2-402; 59-2-404; 59-2-405; 59-2-405.1; 59-2-406; 59-2-508; 59-2-514; 59-2-515; 59-2-701; 59-2-702; 59-2-703; 59-2-704; 59-2-704.5; 59-2-705; 59-2-801; 59-2-918 through 59-2-924; 59-2-1002; 59-2-1004; 59-2-1005; 59-2-1006; 59-2-1101; 59-2-1102; 59-2-1104; 59-2-1106; 59-2-1107 through 59-2-1109; 59-2-1113; 59-2-1115; 59-2-1202; 59-2-1202(5); 59-2-1302; 59-2-1303; 59-2-1308.5; 59-2-1317; 59-2-1328; 59-2-1330; 59-2-1347; 59-2-1351; 59-2-1365; 59-2-1703