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Section 39-14-101 – Definitions.

39-14-101. Definitions. (a) As used in this article: (i) “Arm’s-length market or sales price” means the transaction price determined in connection with a bona fide arm’s length sale; (ii) “Bona fide arm’s-length sale” means a transaction in cash or terms equivalent to cash for specified property rights after reasonable exposure in a competitive market between […]

Section 39-14-102 – Administration; Confidentiality.

39-14-102. Administration; confidentiality. (a) The department shall annually value and assess the gross product of all mines and mining claims at its fair market value for taxation. (b) Based upon the information received or procured pursuant to W.S. 39-14-107(a) or 39-14-108(a) and except as otherwise provided, the department shall annually value the gross product for […]

Section 39-14-103 – Imposition.

39-14-103. Imposition. (a) Taxable event. The following shall apply: (i) There is levied a severance tax on the value of the gross product for the privilege of severing or extracting both surface and underground coal in the state. The severance tax imposed by this article may be in addition to other taxes, including but not […]

Section 39-14-104 – Tax Rate.

39-14-104. Tax rate. (a) The total severance tax rate for surface coal shall be six and one-half percent (6.5%). This rate comprises one and one-half percent (1.5%) imposed by Wyoming constitution article 15, section 19, and five percent (5%) imposed statutorily. The tax shall be distributed as provided in W.S. 39-14-111 and is imposed as […]

Section 39-14-105 – Exemptions.

39-14-105. Exemptions. (a) Coal has no value and is exempt from taxation if it is consumed prior to sale for the purpose of treating or processing coal produced from the same mine. (b) Repealed by Laws 2016, ch. 16, § 2. (c) Repealed by Laws 2016, ch. 16, § 2. (d) Repealed By Laws 2008, […]

Section 39-14-107 – Compliance; Collection Procedures.

39-14-107. Compliance; collection procedures. (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 property is subject to W.S. 39-14-102(a) shall sign under oath and submit a statement listing the information relative to the property and affairs of the […]

Section 39-14-108 – Enforcement.

39-14-108. Enforcement. (a) General. The following shall apply: (i) If the statement provided by W.S. 39-14-107(a)(i) is not filed, the department shall value the property from the best information available. The department may use information other than contained in the statement provided by W.S. 39-14-107(a)(i) to determine the fair market value of the property provided […]

Section 39-14-109 – Taxpayer Remedies.

39-14-109. Taxpayer remedies. (a) Interpretation requests. The following shall apply: (i) The taxpayer may request a value determination from the department and propose a value determination method which may be used until the department issues a value determination. The taxpayer shall submit all available data relevant to its proposal and any additional information the department […]

Section 39-14-111 – Distribution.

39-14-111. Distribution. (a) As provided by W.S. 39-14-104(a), the total severance tax rate for surface coal shall be six and one-half percent (6.5%). As provided by W.S. 39-14-104(b), the total severance tax rate for underground coal shall be three and three-quarters percent (3.75%). A one and one-half percent (1.5%) tax imposed by W.S. 39-14-104(a)(i) and […]