North Dakota Agreement Governing Payment of Nonparticipating Royalty Under Segregated Tracts Covered by one Oil and Gas Lease

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Multi-State
Control #:
US-OG-315
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Word; 
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Description

This form is used to resolve any question as to how royalty is to be paid to the Parties in the event of production, under the Lease, on any part of the Lands. The Parties are entering into this Agreement to stipulate and agree to the ownership of each Party's respective share of the royalty reserved in the Lease payable for production attributable to their Interests from a well located anywhere on the Lands.

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FAQ

North Dakota requires employers to withhold state income tax from employees' wages and remit the amounts withheld to the State Tax Commissioner.

Oil and gas royalties are typically calculated based on the value of the production. The royalty rate is negotiated between the owner of the mineral rights and the company extracting the oil and gas, and can range from 12.5% to 25% of the production value.

The highest individual income tax rate is 2.90%, resulting in a withholding tax rate of 2.15% (2.90% - 0.75%). This withholding tax rate applies to all types of royalty owners. For detailed information about exceptions see the Guideline - Oil and Gas Royalty Payments.

It is calculated as follows: Volume X Price ? Deductions ? Taxes X Owner Interest = Your Royalty Payment. Whether you are a mineral owner receiving royalty checks or just wanting to know what your minerals are worth, LandGate knows what they are worth and can market your minerals to get you the most money.

A partnership may, but is not required to, make estimated income tax payments. For more information, including payment options, obtain the 2023 Form 58-ES. A partnership must withhold North Dakota income tax at the rate of 2.90% from the year-end distributive share of North Dakota income of a nonresident partner.

Federal tax must be withheld at the rate of 30% of gross royalties unless an IRS tax treaty is applicable.

The taxpayer collects the royalty payments on behalf of the manufacturer and is compensated for the collection work by retaining 15% of the royalty payment as a commission. Royalty payments received in connection with a retail sale of the patented equipment are included in retailer's gross receipts.

Royalty Rate: This rate is the percentage stated on the lease agreement as revenue allocation. It represents the amount the resource owner is expected to receive from the sale of the oil and gas. Royalty rates are between 12.5% to 15%.

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North Dakota Agreement Governing Payment of Nonparticipating Royalty Under Segregated Tracts Covered by one Oil and Gas Lease