West Virginia Offset Well Protection and Payment of Compensatory Royalty

State:
Multi-State
Control #:
US-OG-810
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

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%.

There are seven tax brackets for most ordinary income for the 2023 tax year: 10 percent, 12 percent, 22 percent, 24 percent, 32 percent, 35 percent and 37 percent.

Owners of subsurface rights can receive royalty, lease, and shut-in payments. Commonly applied in the oil and gas industry, shut-in payments are royalties paid by the oil and gas company to the lessor to maintain a lease on currently unproductive mineral assets.

Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.

On March 7, 2023, Governor Jim Justice signed HB 2526 immediately reducing the income tax in tax year 2023 by an average of 21.25%. The bill also provides for a number of refundable tax credits for payment of property taxes. The following information is initial guidance on the income tax rate cut.

Mineral interests in WV are taxed the same as your home. You will pay 60% of the appraised value on the minerals at the levy rate for your county. The value of these minerals in based on WV Code procedures and is the same for all counties in WV. Minerals are taxed at a minimum value until production begins.

Mineral Assessed Value is 60% of the appraised value of the property. WV appraisal values for minerals are based on the start date of drilling and production income.

West Virginia income tax updates West Virginia's governor signed House Bill 2526 into law on March 7, 2023. The bill slashed individual income tax rates by an average of 21.25%, making it the largest tax cut in the state's history.

All real and tangible personal property, with limited exceptions, is subject to property tax. As of July 1 each year, the ownership, use and value of property are determined for the next calendar tax year. However, public service business property is assessed based upon operations as of December 31 each year.

Mineral rights give ownership, for a specified time, of the underground minerals that do not include sand, limestone, gravel, or subsurface water. If the mineral rights to your property have been sold before you acquired the land, that means you own only the surface rights and cannot use the minerals.

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West Virginia Offset Well Protection and Payment of Compensatory Royalty