Montana Minimum Royalty Payments

State:
Multi-State
Control #:
US-OG-808
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

State leases reserve a one-sixth, or 16.67 percent, royalty for the state. Private leases may negotiate for higher or lower royalty amounts. Another common royalty rate is three-sixteenths, or 18.75 percent. In areas with proven oil and gas production, landowners are more likely to receive a higher royalty rate.

Mineral records are complicated and it may take intensive research to establish title, but minerals are real property and therefore similar to real estate. Unlike metals or coal, in some formations oil and natural gas can migrate under the surface.

An estimated 11.7 million acres of the private land in the state of Montana is split estate, meaning the surface land rights are privately owned and the subsurface mineral rights are federally owned.

Royalty income from oil, gas, and mineral properties is the amount you receive when natural resources are extracted from your property. The royalties are generally based on production or revenue and are paid to you by a person or company who leases the property from you.

The IRS treats the royalty income like any other income from employment or a business. You'd be responsible for paying tax on it based on your tax bracket. If you are single and only claim the standard tax deduction, your tax rate would be 22%.

A remitter is required to: ? Withhold Montana income tax from Montana mineral royalty payments in the amount equal to 6 percent of the net amount payable to the royalty owners.

An individual, entity, or trust that makes royalty payments must withhold Montana personal income tax on 6% of the net amount payable to the owner of a nonworking interest in the production of oil or gas or in the severance of other minerals.

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Montana Minimum Royalty Payments