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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.
A volumetric production payment (VPP) is a means of financing used predominantly in the oil and gas industry wherein the owner of an oil or gas property sells a percentage of the total production for an upfront cash payment. It allows the issuer to monetize his/her assets without diluting his control on them.
A quick definition of production payment: 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.
(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.