MT Code § 15-36-331 (2021)
2021 Montana Code Annotated|Title 15. Taxation|Chapter 36. Oil and Gas Production Tax|Part 3. Oil and Gas Production Tax Act|15-36-331. Distribution of taxes

  15-36-331. Distribution of taxes. (1) (a) For each calendar quarter, the department shall determine the amount of tax, late payment interest, and penalties collected under this part.   (b) For the purposes of distribution of oil and natural gas production taxes to county and school district taxing units under 15-36-332 and to the state, the department shall determine the amount of oil and natural gas production taxes paid on production in the taxing unit.   (2) (a) The amount of oil and natural gas production taxes collected for the percentage of privilege and license tax established by the board pursuant to 82-11-131 must be deposited, in accordance with the provisions of 17-2-124, in the account in the state special revenue fund for the purpose of paying expenses of the board, as provided in 82-11-135.   (b) After the allocation provided for in subsection (2)(a), up to 0.08% of the tax collected pursuant to 15-36-304(7) must be deposited in the oil and gas natural resource distribution account established in 90-6-1001(1) for distribution pursuant to 15-36-332(7).   (c) Any funds remaining after the allocations provided for in subsections (2)(a) and (2)(b) must remain in the account provided for in 82-11-135 as reserves for the board or for legislative transfer for purposes related to the impacts of oil and gas production.   (3) (a) For each tax year, the amount of oil and natural gas production taxes determined under subsection (1)(b) is allocated to each county according to the following schedule:     Big Horn   45.05%     Blaine   58.39%     Carbon   48.27%     Chouteau   58.14%     Custer   69.53%     Daniels   50.81%     Dawson   47.79%     Fallon   41.78%     Fergus   69.18%     Garfield   45.96%     Glacier   58.83%     Golden Valley   58.37%     Hill   64.51%     Liberty   57.94%     McCone   49.92%     Musselshell   48.64%     Petroleum   48.04%     Phillips   54.02%     Pondera   54.26%     Powder River   60.9%     Prairie   40.38%     Richland   47.47%     Roosevelt   45.71%     Rosebud   39.33%     Sheridan   47.99%     Stillwater   53.51%     Sweet Grass   61.24%     Teton   46.1%     Toole   57.61%     Valley   51.43%     Wibaux   49.16%     Yellowstone   46.74%     All other counties   50.15%     (b) The oil and natural gas production taxes allocated to each county must be deposited in the state special revenue fund and transferred to each county for distribution, as provided in 15-36-332.   (4) The department shall, in accordance with the provisions of 17-2-124, distribute the state portion of oil and natural gas production taxes remaining after the distributions pursuant to subsections (2) and (3) as follows:   (a) 2.16% to the natural resources projects state special revenue account established in 15-38-302;   (b) 2.02% to the natural resources operations state special revenue account established in 15-38-301;   (c) 2.95% to the orphan share account established in 75-10-743;   (d) 2.65% to the state special revenue fund to be appropriated to the Montana university system for the purposes of the state tax levy as provided in 15-10-109; and   (e) all remaining proceeds to the state general fund.   (5) A payment required pursuant to this section may be withheld if, for more than 90 days, a local government fails to:   (a) file a financial report required by 15-1-504;   (b) remit any amounts collected on behalf of the state as required by 15-1-504; or   (c) remit any other amounts owed to the state or another taxing jurisdiction.   History: En. Sec. 1, Ch. 522, L. 2003; amd. Sec. 18, Ch. 522, L. 2003; amd. Sec. 2, Ch. 5, L. 2005; amd. Sec. 3, Ch. 527, L. 2005; amd. Sec. 4, Ch. 603, L. 2005; amd. Sec. 1, Ch. 432, L. 2007; amd. Sec. 3, Ch. 475, L. 2007; amd. Sec. 3, Ch. 33, L. 2009; amd. Sec. 5, Ch. 57, L. 2009; amd. Sec. 5, Ch. 173, L. 2017; amd. Sec. 10, Ch. 3, L. 2019; amd. Sec. 2, Ch. 414, L. 2019.