15-38-101. Short title. This chapter shall be known and may be cited as “The Montana Resource Indemnity Trust and Ground Water Assessment Act”. History: En. 84-7001 by Sec. 1, Ch. 497, L. 1973; R.C.M. 1947, 84-7001; amd. Sec. 14, Ch. 769, L. 1991.
15-38-102. Legislative policy. It is the policy of the state of Montana to indemnify its citizens for the loss of long-term value resulting from the depletion of its mineral resource base and for environmental damage caused by mineral development. This policy of indemnification is achieved by establishing a permanent resource indemnity trust, as required by Article […]
15-38-103. Definitions. As used in this chapter, the following definitions apply: (1) ”Department” means department of revenue. (2) ”Gross value of product” means, except as provided in 15-38-125 through 15-38-129, the market value of any merchantable mineral extracted or produced during the taxable year. (3) ”Mineral” means any precious stones or gems, gold, silver, copper, coal, lead, petroleum, natural […]
15-38-104. Tax on mineral production. (1) Except as provided in 15-38-113 and subsections (2) through (5) of this section, the annual tax to be paid by a person engaged in or carrying on the business of mining, extracting, or producing a mineral is $25, plus an additional amount computed on the gross value of product that […]
15-38-105. Report of gross yield from mines. A person who engages in or carries on the business of mining, extracting, or producing a mineral from any quartz vein or lode, placer claim, dump or tailings, or other place or source shall file an annual statement of gross yield of the mineral from each mine owned or […]
15-38-106. Payment of tax — records — collection of taxes — refunds. (1) The tax imposed by this chapter must be paid by each person to which the tax applies, on or before the due date of the annual statement established in 15-38-105, on the value of product in the year preceding January 1 of the […]
15-38-107. Procedure in case of failure to file statement. (1) If any person fails to make and file a statement within the time prescribed, the department shall immediately after the time has expired determine the gross yield of the mineral of the person from the business during the calendar year immediately preceding the year in which […]
15-38-108. Warrant for distraint. If all or part of the tax imposed by this chapter is not paid when due, the department may issue a warrant for distraint as provided in Title 15, chapter 1, part 7. The resulting lien shall have precedence over any other claim, lien, or demand thereafter filed and recorded. History: En. 84-7012 […]
15-38-109. Restricted access to records. The information furnished by the producer to the department for the purpose of this chapter must be treated as provided in 15-31-511. History: En. Sec. 13, Ch. 497, L. 1973; R.C.M. 1947, 84-7013; amd. Sec. 3, Ch. 135, L. 1993.
15-38-110. Deficiency assessment — review — penalty and interest. (1) If the department determines that the amount of tax due is greater than the amount disclosed by a return, it shall mail to the taxpayer a notice, pursuant to 15-1-211, of the additional tax proposed to be assessed. The taxpayer may seek review of the determination […]
15-38-111. Credit for overpayment — interest on overpayment. (1) If the department determines that the amount of tax, penalty, or interest due for any year is less than the amount paid, the amount of the overpayment must be credited against any tax, penalty, or interest then due from the taxpayer and the balance refunded to the […]
15-38-112. Statute of limitations. (1) Except as otherwise provided in this section, no deficiency may be assessed or collected with respect to the year for which a return is filed unless the notice of additional tax proposed to be assessed is mailed within 5 years from the date the return was filed. For the purposes of […]
15-38-113. Exemption from resource indemnity and ground water assessment tax. The following persons are exempt from the resource indemnity and ground water assessment tax: (1) a person who has paid the license tax on a metal mine under the provisions of Title 15, chapter 37, part 1; (2) a person who has paid the tax on oil and […]
15-38-114 through 15-38-120 reserved.
15-38-121. Certain royalties exempt. Exempt from taxation are royalties received by: (1) an Indian tribe with respect to mineral production pursuant to a lease entered into under the Indian Mineral Leasing Act of 1938, 25 U.S.C. 396a through 396g; (2) the United States as trustee for individual Indians; and (3) the United States, the state of Montana, or a […]
15-38-122 through 15-38-124 reserved.
15-38-125. Gross value of product for coal. As used in this part when referring to coal, “gross value of product” is determined by multiplying the contract sales price, as defined in 15-35-102, by the tonnage produced. History: En. Sec. 3, Ch. 520, L. 1991.
15-38-126. Gross value of product for talc. As used in this part, when referring to talc, “gross value of product” is the gross yield or value of talc as determined in 15-23-515(2). History: En. Sec. 2, Ch. 531, L. 1989.
15-38-127. Gross value of product for vermiculite. As used in this part, when referring to vermiculite, “gross value of product” is the gross yield or value of vermiculite as determined in 15-23-516(2). History: En. Sec. 2, Ch. 695, L. 1991.
15-38-128. Gross value of product for limestone. As used in this part, when referring to limestone, “gross value of product” is the gross yield or value as determined in 15-23-517(2). History: En. Sec. 2, Ch. 506, L. 1993.
