CHAPTER 1. PETROLEUM SEVERANCE TAX
IC 6-8
ARTICLE 8. MISCELLANEOUS
IC 6-8-1
Chapter 1. Petroleum Severance Tax
IC 6-8-1-1
"Person" defined
Sec. 1. As used in this chapter, "person" means any individual,
assignee, receiver, commissioner, fiduciary, trustee, executor,
administrator, firm, partnership, joint venture, pool, syndicate,
association, corporation, limited liability company, estate, trust, or
any other group or combination acting as a unit.
(Formerly: Acts 1947, c.278, s.1.) As amended by P.L.2-1988,
SEC.33; P.L.109-1988, SEC.5; P.L.8-1993, SEC.102.
IC 6-8-1-2
"Department" defined
Sec. 2. As used in this chapter, "department" refers to the
department of state revenue.
(Formerly: Acts 1947, c.278, s.2.) As amended by P.L.2-1988,
SEC.34; P.L.109-1988, SEC.6.
IC 6-8-1-3
"Taxpayer" defined
Sec. 3. As used in this chapter, "taxpayer" means any person by
whom a tax is payable under this article.
(Formerly: Acts 1947, c.278, s.3.) As amended by P.L.2-1988,
SEC.35; P.L.109-1988, SEC.7.
IC 6-8-1-4
"Value" defined
Sec. 4. As used in this chapter, "value" means the price paid or
offered to be paid for petroleum of a like grade or gravity in the field
or pool in which such well is located, and, if no such price be paid or
offered, then as determined pursuant to the rules of the department.
(Formerly: Acts 1947, c.278, s.4.) As amended by P.L.109-1988,
SEC.8.
IC 6-8-1-5
"Petroleum", "natural gas", "oil", and "barrel of oil" defined
Sec. 5. (a) As used in this chapter, "petroleum" means all
hydrocarbons produced at a well in a liquid or gaseous state.
(b) As used in this chapter, "natural gas" means petroleum that
maintains a gaseous state at atmospheric conditions.
(c) As used in this chapter, "oil" means petroleum that maintains
a liquid state at atmospheric conditions.
(d) As used in this chapter, "barrel of oil" means forty-two (42)
U.S. gallons of oil at sixty degrees Fahrenheit (60° F).
(Formerly: Acts 1947, c.278, s.5.) As amended by P.L.109-1988,
SEC.9.
IC 6-8-1-6
"Producer" defined
Sec. 6. As used in this chapter, "producer" means a person
engaged in severing petroleum from the land direct.
(Formerly: Acts 1947, c.278, s.6.) As amended by P.L.109-1988,
SEC.10.
IC 6-8-1-7
"Owner" defined
Sec. 7. As used in this chapter, "owner" means a person receiving
or entitled to receive a proportionate share of petroleum or a
proportionate share of the proceeds of the sale of petroleum after
production by an operator, and without limitation of the foregoing,
includes the owners of royalties, excess royalty, overriding royalty,
mineral rights, or working interest.
(Formerly: Acts 1947, c.278, s.7.) As amended by P.L.109-1988,
SEC.11.
IC 6-8-1-8
Rate of taxation
Sec. 8. A tax at a rate equal to the greater of:
(1) one percent (1%) of the value of the petroleum; or
(2) three cents ($0.03) per one thousand (1,000) cubic feet
(MCF) for natural gas and twenty-four cents ($0.24) per barrel
for oil;
is hereby imposed as of the time of the severance of such petroleum
from the land, upon all producers and owners thereof as an excise for
the privilege of severing the same from the land and producing the
same from the well, except when the gas from any well is used to
pump or treat the same or when such gas is piped to a landowner's
private buildings for the landowner's own use.
(Formerly: Acts 1947, c.278, s.8.) As amended by P.L.109-1988,
SEC.12.
IC 6-8-1-9
Tax liens
Sec. 9. The tax imposed by section 8 of this chapter is a lien upon
such petroleum from the time of its severance from the land until
such tax and all penalties and interest accruing by reason of
nonpayment of the tax are fully paid.
(Formerly: Acts 1947, c.278, s.9.) As amended by P.L.109-1988,
SEC.13.
IC 6-8-1-10
Liability for tax
Sec. 10. Any person purchasing or receiving possession of such
petroleum prior to the discharge of such lien shall then and there be,
become and remain personally liable to report and pay the amount of
such lien until the same be paid.
(Formerly: Acts 1947, c.278, s.10.)
IC 6-8-1-11
Payment of tax; right of reimbursement
Sec. 11. A person reporting and paying a tax levied under this
chapter is entitled to be reimbursed by the owner or owners
immediately upon such payment and shall deduct the amount of the
payment from anything due to the owners. A person paying and
deducting such tax is not subject to any suit or action for recovery by
any person, but the remedy of such person shall be exclusively by
claim or suit for refund under the terms of this chapter.
(Formerly: Acts 1947, c.278, s.11.) As amended by P.L.2-1988,
SEC.36; P.L.109-1988, SEC.14.
IC 6-8-1-12
Duties of department
Sec. 12. The department shall administer and collect the tax
imposed under this chapter, and shall adopt rules fixing the time and
manner of reporting, and paying, at monthly intervals the tax
imposed under this chapter.
(Formerly: Acts 1947, c.278, s.12.) As amended by Acts 1980,
P.L.61, SEC.14; P.L.109-1988, SEC.15.
IC 6-8-1-13
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-14
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-15
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-16
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-17
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-18
Tax additional to all other taxes
Sec. 18. The tax imposed by this chapter shall be in addition to all
other taxes, excises, and fees levied under any other statute.
(Formerly: Acts 1947, c.278, s.18.) As amended by P.L.2-1988,
SEC.37; P.L.109-1988, SEC.16.
IC 6-8-1-19
Amount collected from tax; failure of collecting trustee to pay;
offense
Sec. 19. Any person charging against or deducting from any
payment due to any other person any amount being or represented as
being a tax levied by this chapter or receiving money or credits as or
purporting to be such a tax is a trustee of the amounts so charged,
deducted, or received. A trustee who fails to pay any of those
amounts to the department when due, with intent to evade payment
of the tax, commits a Class D felony.
(Formerly: Acts 1947, c.278, s.19.) As amended by Acts 1978, P.L.2,
SEC.650.
IC 6-8-1-20
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-21
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-22
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-23
Record keeping violations; offenses
Sec. 23. (a) It is a Class C infraction for a person subject to
taxation under this chapter to fail to keep and preserve such records,
books, or accounts as may be necessary to determine the amount for
which he is liable. It is a Class C infraction for such a person to fail
to keep and preserve such records for a period of three (3) years, or
to fail to keep them open for examination at any time by the
department or its authorized agents.
(b) It is a Class B misdemeanor for a person to make false entries
in his books, or to keep more than one (1) set of books, with intent
to defraud the state or evade the payment of the tax, or any part
thereof, imposed by this chapter.
(Formerly: Acts 1947, c.278, s.23.) As amended by Acts 1978, P.L.2,
SEC.651.
IC 6-8-1-24
Evasion of tax; offenses
Sec. 24. It is a Class B misdemeanor for a person to fail to make
any return required to be made under this chapter, or to make any
false return, with intent to defraud the state or to evade the payment
of the tax, or any part thereof, imposed by this chapter. It is a Class
B misdemeanor for a person to recklessly fail to permit the
examination of any book, paper, account, record, or other data by the
department or its authorized agents, as required by this chapter, to
recklessly fail to permit the inspection or appraisal of any property
by the department or its authorized agents, or to knowingly fail to
offer testimony or produce any record as required in this chapter. A
person who makes a false statement, with intent to defraud the state
or to evade the payment of the tax imposed under this chapter,
commits a Class D felony.
(Formerly: Acts 1947, c.278, s.24.) As amended by Acts 1978, P.L.2,
SEC.652.
IC 6-8-1-25
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-26
Repealed
(Repealed by Acts 1980, P.L.61, SEC.15.)
IC 6-8-1-27
Disposition of revenues
Sec. 27. (a) Money received under this chapter shall be paid by
the department into a fund to be kept by the treasurer of state and
known as the oil and gas fund.
(b) Money paid into this fund shall be devoted to the following
purposes upon appropriation:
(1) To the expenses of administering this chapter.
(2) To the oil and gas division of the department of natural
resources for the purpose of administering IC 14-37.
(3) To research pertaining to exploration for, development of,
and wise use of petroleum resources in Indiana.
(Formerly: Acts 1947, c.278, s.27.) As amended by Acts 1982,
P.L.63, SEC.1; P.L.109-1988, SEC.17; P.L.1-1995, SEC.53.
IC 6-8-1-28
Reversion of oil and gas fund
Sec. 28. No part of the oil and gas fund reverts to the general fund
of the state at the close of any fiscal year.
As added by P.L.109-1988, SEC.18.