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A production payment is a type of agreement in the oil and gas industry where a person or company receives a share of the oil and gas produced from a property. This share is given without having to pay for the costs of production. The agreement ends once a certain amount of money has been paid to the person or company.
(1) The term production payment means, in general, a right to a specified share of the production from mineral in place (if, as, and when produced), or the proceeds from such production. Such right must be an economic interest in such mineral in place.
Oil and gas production is a multi-stage entire process of discovering a resource, transporting it to a refinery, and turning it into a finished product ready for sale. Or, in industry terminology, upstream, midstream, and downstream segments.
What is a Held-By-Production Clause? "Held by production" is a provision in an oil or natural gas property lease that allows the lessee, generally an energy company, to continue drilling activities on the property as long as it is economically producing a minimum amount of oil or gas.
26 U.S. Code § 636 - Income tax treatment of mineral production payments. A production payment carved out of mineral property shall be treated, for purposes of this subtitle, as if it were a mortgage loan on the property, and shall not qualify as an economic interest in the mineral property.