15-35-101. Legislative findings and declarations of purpose. (1) The legislature finds that although coal is extracted from the earth like metal minerals, there are differences between coal and metal minerals so that they should be classified in different categories for taxation purposes. The legislature finds that although coal can be used like petroleum products, there are […]
15-35-102. (Temporary) Definitions. As used in this chapter, the following definitions apply: (1) ”Agreement” means a signed contract that is valid under Montana law between a coal mine operator and a purchaser or broker for the sale of coal that is produced in Montana. (2) ”Auger mining” means the method of recovering coal by boring with an auger […]
15-35-103. Severance tax — rates imposed. (1) A severance tax is imposed on each ton of coal produced in the state in accordance with the following schedule: Heating quality Surface Auger Underground (Btu per pound of coal): Mining Mining Mining Under 7,000 10% of value 3.75% of value 3% of value 7,000 and over 15% of […]
15-35-104. Quarterly statement and payment of tax. Each coal mine operator shall compute the severance tax due on production for each calendar quarter on forms prescribed by the department. The statement must show the tonnage produced, the average Btu value of the production, the contract sales price received for the production, and other information that the […]
15-35-105. Penalty and interest for delinquent tax — waiver. (1) The department shall add to the amount of all delinquent severance taxes penalty and interest as provided in 15-1-216. (2) The department shall mail to the person required to file a quarterly report and pay any severance tax, a letter setting forth the amount of tax, penalty, […]
15-35-106. Annual testing of samples. The Montana state bureau of mines and geology shall test coal production subject to this chapter and may make rules governing the collection of test data. A person subject to this chapter shall submit to the bureau on or before August 1 each year a sample of mine-run, “as is” coal […]
15-35-107. When value of coal may be imputed — procedure. (1) The department may impute a value to the coal that approximates market value f.o.b. mine in a case where: (a) the operator of a coal mine is using the produced coal in an energy-conversion or other manufacturing process; or (b) a person sells coal under a contract […]
15-35-108. (Temporary) Disposal of severance taxes. Severance taxes collected under this chapter must, in accordance with the provisions of 17-2-124, be allocated as follows: (1) Fifty percent of total coal severance tax collections is allocated to the trust fund created by Article IX, section 5, of the Montana constitution. The trust fund money must be deposited in […]
15-35-109. Repealed. Sec. 1, Ch. 407, L. 1981. History: En. 84-1325 by Sec. 18, Ch. 525, L. 1975; R.C.M. 1947, 84-1325.
15-35-110. Renumbered 15-35-121. Code Commissioner, 1983.
15-35-111. Renumbered 15-35-122. Code Commissioner, 1983.
15-35-112. 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 […]
15-35-113. 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 […]
15-35-114. 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 […]
15-35-115 through 15-35-120 reserved.
15-35-121. Penalties for neglect or false statement. A person who fails, neglects, or refuses to file any statement required under this chapter or who makes a false statement commits a misdemeanor. A person convicted under this section shall be fined not to exceed $1,000 or be imprisoned in the county jail for any term not to […]
15-35-122. Rulemaking authority. The department of revenue may adopt rules necessary for the taxation of property under this chapter. History: En. Sec. 32, Ch. 581, L. 1979; MCA 1981, 15-35-111; redes. 15-35-122 by Code Commissioner, 1983.
