- (1) Advance mineral royalty payments that relate to, refer to, or concern production are subject to the mineral royalty tax withholding requirements.
- (2) Each remitter who disburses funds that are owed to any person owning a royalty interest, overriding royalty interest, production payment, or any other nonworking interest in minerals produced in this state, is subject to the withholding requirement of 15-30-2538, MCA. The exceptions under 15-30-2539(2), MCA, do not apply to remitters who are not producers.
- (3) If a mineral is taken in-kind by a royalty owner, the take-in-kind owner must forward six percent of the net value of the mineral that was taken in-kind to the department unless they are exempt from withholding under 15-30-2539 or 15-31-102, MCA.
- (4) Remitters providing accounting services that fulfill the requirements of 15-30-2541, MCA, for more than one producer must remit separate withholding payments and submit a separate Form RW-3, Montana Mineral Royalty Withholding Tax Reconciliation Return, for each producer.
Authorizing statute(s): 15-30-2547, MCA
Implementing statute(s): 15-30-2538, 15-30-2539, 15-30-2541, 15-31-102, MCA
History: NEW, 2007 MAR p. 2151, Eff. 12/21/07; AMD, 2010 MAR p. 177, Eff. 1/15/10; AMD, 2012 MAR p. 2640, Eff. 12/21/12; AMD, 2024 MAR p. 2324, Eff. 9/21/24.