2023 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.