57-51.1 Oil Extraction Tax
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of oil from the well during a calendar month period divided by the number of
calendar days in that period, and "qualified maximum total production" of a well
means that the well must have been maintained at the maximum efficient rate of
production as defined and determined by rule adopted by the industrial commission
in furtherance of its authority under chapter 38-08.2."Average price" of a barrel of crude oil means the monthly average of the daily
closing price for a barrel of west Texas intermediate cushing crude oil, as those
prices appear in the Wall Street Journal, midwest edition, minus two dollars and fifty
cents. When computing the monthly average price, the most recent previous daily
closing price must be considered the daily closing price for the days on which the
market is closed.3."Horizontal reentry well" means a well that was not initially drilled and completed as
a horizontal well, including any well initially plugged and abandoned as a dry hole,
which is reentered and recompleted as a horizontal well.4."Horizontal well" means a well with a horizontal displacement of the well bore drilled
at an angle of at least eighty degrees within the productive formation of at least three
hundred feet [91.44 meters].5."Oil" means petroleum, crude oil, mineral oil, casinghead gasoline, and all liquid
hydrocarbons that are recovered from gas on the lease incidental to the production
of the gas.6."Property" means the right which arises from a lease or fee interest, as a whole or
any designated portion thereof, to produce oil. A producer shall treat as a separate
property each separate and distinct producing reservoir subject to the same right to
produce crude oil; provided, that such reservoir is recognized by the industrial
commission as a producing formation that is separate and distinct from, and not in
communication with, any other producing formation.7."Qualifying secondary recovery project" means a project employing water flooding.
To be eligible for the tax reduction provided under section 57-51.1-02, a secondary
recovery project must be certified as qualifying by the industrial commission and the
project operator must have achieved for six consecutive months an average
production level of at least twenty-five percent above the level that would have been
recovered under normal recovery operations. To be eligible for the tax exemption
provided under section 57-51.1-03 and subsequent thereto the rate reduction
provided under section 57-51.1-02, a secondary recovery project must be certified
as qualifying by the industrial commission and the project operator must have
obtained incremental production as defined in subsection 5 of section 57-51.1-03.8."Qualifying tertiary recovery project" means a project for enhancing recovery of oil
which meets the requirements of section 4993(c), Internal Revenue Code of 1954,
as amended through December 31, 1986, and includes the following methods for
recovery:a.Miscible fluid displacement.b.Steam drive injection.Page No. 1c.Microemulsion.d.In situ combustion.e.Polymer augmented water flooding.f.Cyclic steam injection.g.Alkaline flooding.h.Carbonated water flooding.i.Immiscible carbon dioxide displacement.j.New tertiary recovery methods certified by the industrial commission.It does not include water flooding, unless the water flooding is used as an element of
one of the qualifying tertiary recovery techniques described in this subsection, or
immiscible natural gas injection. To be eligible for the tax reduction provided under
section 57-51.1-02, a tertiary recovery project must be certified as qualifying by the
industrial commission, the project operator must continue to operate the unit as a
qualifying tertiary recovery project, and the project operator must have achieved for
at least one month a production level of at least fifteen percent above the level that
would have been recovered under normal recovery operations. To be eligible for the
tax exemption provided under section 57-51.1-03 and subsequent thereto the rate
reduction provided under section 57-51.1-02, a tertiary recovery project must be
certified as qualifying by the industrial commission, the project operator must
continue to operate the unit as a qualifying tertiary recovery project, and the project
operator must have obtained incremental production as defined in subsection 5 of
section 57-51.1-03.9."Royalty owner" means an owner of what is commonly known as the royalty interest
and shall not include the owner of any overriding royalty or other payment carved out
of the working interest.10."Stripper well property" means a "property" whose average daily production of oil,
excluding condensate recovered in nonassociated production, per well did not
exceed ten barrels per day for wells of a depth of six thousand feet [1828.80 meters]
or less, fifteen barrels per day for wells of a depth of more than six thousand feet
[1828.80 meters] but not more than ten thousand feet [3048 meters], and thirty
barrels per day for wells of a depth of more than ten thousand feet [3048 meters]
during any preceding consecutive twelve-month period. Wells which did not actually
yield or produce oil during the qualifying twelve-month period, including disposal
wells, dry wells, spent wells, and shut-in wells, are not production wells for the
purpose of determining whether the stripper well property exemption applies.11."Trigger price" means thirty-five dollars and fifty cents, as indexed for inflation. By
December thirty-first of each year, the tax commissioner shall compute an indexed
trigger price by applying to the current trigger price the rate of change of the
producer price index for industrial commodities as calculated and published by the
United States department of labor, bureau of labor statistics, for the twelve months
ending June thirtieth of that year and the indexed trigger price so determined is the
trigger price for the following calendar year.12."Two-year inactive well" means any well certified by the industrial commission that
did not produce oil in more than one month in any consecutive twenty-four-month
period before being recompleted or otherwise returned to production after July 31,
1995. A well that has never produced oil, a dry hole, and a plugged and abandoned
well are eligible for status as a two-year inactive well.Page No. 257-51.1-02. Imposition of oil extraction tax. There is hereby imposed an excise tax, tobe known as the "oil extraction tax", upon the activity in this state of extracting oil from the earth,
and every owner, including any royalty owner, of any part of the oil extracted is deemed for the
purposes of this chapter to be engaged in the activity of extracting that oil.The rate of tax is six and one-half percent of the gross value at the well of the oilextracted, except that the rate of tax is four percent of the gross value at the well of the oil
extracted in the following situations:1.For oil produced from wells drilled and completed after April 27, 1987, commonly
referred to as new wells, and not otherwise exempt under section 57-51.1-03;2.For oil produced from a secondary or tertiary recovery project that was certified as
qualifying by the industrial commission before July 1, 1991;3.For oil that does not qualify as incremental oil but is produced from a secondary or
tertiary recovery project that is certified as qualifying by the industrial commission
after June 30, 1991;4.For incremental oil produced from a secondary or tertiary recovery project that is
certified as qualifying by the industrial commission after June 30, 1991, and which
production is not otherwise exempt under section 57-51.1-03; or5.For oil produced from a well that receives an exemption pursuant to subsection 4 of
section 57-51.1-03 after June 30, 1993, and which production is not otherwise
exempt under section 57-51.1-03.However, if the average price of a barrel of crude oil exceeds the trigger price for each month in
any consecutive five-month period, then the rate of tax on oil extracted from all taxable wells is
six and one-half percent of the gross value at the well of the oil extracted until the average price
of a barrel of crude oil is less than the trigger price for each month in any consecutive five-month
period, in which case the rate of tax reverts to four percent of the gross value at the well of the oil
extracted for any wells subject to a reduced rate under subsections 1 through 5.57-51.1-03. (Effective through June 30, 2012) Exemptions from oil extraction tax.The following activities are specifically exempted from the oil extraction tax:1.The activity of extracting from the earth any oil that is exempt from the gross
production tax imposed by chapter 57-51.2.The activity of extracting from the earth any oil from a stripper well property.3.For a well drilled and completed as a vertical well, the initial production of oil from
the well is exempt from any taxes imposed under this chapter for a period of fifteen
months, except that oil produced from any well drilled and completed as a horizontal
well is exempt from any taxes imposed under this chapter for a period of twenty-four
months. Oil recovered during testing prior to well completion is exempt from the oil
extraction tax.The exemption under this subsection becomes ineffective if theaverage price of a barrel of crude oil exceeds the trigger price for each month in any
consecutive five-month period. However, the exemption is reinstated if, after the
trigger provision becomes effective, the average price of a barrel of crude oil is less
than the trigger price for each month in any consecutive five-month period.4.The production of oil from a qualifying well that was worked over is exempt from any
taxes imposed under this chapter for a period of twelve months, beginning with the
first day of the third calendar month after the completion of the work-over project.
The exemption provided by this subsection is only effective if the well operator
establishes to the satisfaction of the industrial commission upon completion of the
project that the cost of the project exceeded sixty-five thousand dollars or productionPage No. 3is increased at least fifty percent during the first two months after completion of the
project.A qualifying well under this subsection is a well with an average dailyproduction of no more than fifty barrels of oil during the latest six calendar months of
continuous production.A work-over project under this subsection means thecontinuous employment of a work-over rig, including recompletions and reentries.
The exemption provided by this subsection becomes ineffective if the average price
of a barrel of crude oil exceeds the trigger price for each month in any consecutive
five-month period. However, the exemption is reinstated if, after the trigger provision
becomes effective, the average price of a barrel of crude oil is less than the trigger
price for each month in any consecutive five-month period.5.a.The incremental production from a secondary recovery project which has been
certified as a qualified project by the industrial commission after July 1, 1991, is
exempt from any taxes imposed under this chapter for a period of five years
from the date the incremental production begins.b.The incremental production from a tertiary recovery project that does not use
carbon dioxide and which has been certified as a qualified project by the
industrial commission is exempt from any taxes imposed under this chapter for
a period of ten years from the date the incremental production begins.
Incremental production from a tertiary recovery project that uses carbon dioxide
and which has been certified as a qualified project by the industrial commission
is exempt from any taxes imposed under this chapter from the date the
incremental production begins.c.For purposes of this subsection, incremental production is defined in the
following manner:(1)For purposes of determining the exemption provided for in subdivision a
and with respect to a unit where there has not been a secondary
recovery project, incremental production means the difference between
the total amount of oil produced from the unit during the secondary
recovery project and the amount of primary production from the unit. For
purposes of this paragraph, primary production means the amount of oil
which would have been produced from the unit if the secondary recovery
project had not been commenced.The industrial commission shalldetermine the amount of primary production in a manner which conforms
to the practice and procedure used by the commission at the time the
project is certified.(2)For purposes of determining the exemption provided for in subdivision a
and with respect to a unit where a secondary recovery project was in
existence prior to July 1, 1991, and where the industrial commission
cannot establish an accurate production decline curve, incremental
production means the difference between the total amount of oil
produced from the unit during a new secondary recovery project and the
amount of production which would be equivalent to the average monthly
production from the unit during the most recent twelve months of normal
production reduced by a production decline rate of ten percent for each
year. The industrial commission shall determine the average monthly
production from the unit during the most recent twelve months of normal
production and must upon request or upon its own motion hold a hearing
to make this determination.For purposes of this paragraph, whendetermining the most recent twelve months of normal production the
industrial commission is not required to use twelve consecutive months.
In addition, the production decline rate of ten percent must be applied
from the last month in the twelve-month period of time.Page No. 4(3)For purposes of determining the exemption provided for in subdivision a
and with respect to a unit where a secondary recovery project was in
existence before July 1, 1991, and where the industrial commission can
establish an accurate production decline curve, incremental production
means the difference between the total amount of oil produced from the
unit during the new secondary recovery project and the total amount of
oil that would have been produced from the unit if the new secondary
recovery project had not been commenced.For purposes of thisparagraph, the total amount of oil that would have been produced from
the unit if the new secondary recovery project had not been commenced
includes both primary production and production that occurred as a result
of the secondary recovery project that was in existence before July 1,
1991. The industrial commission shall determine the amount of oil that
would have been produced from the unit if the new secondary recovery
project had not been commenced in a manner that conforms to the
practice and procedure used by the commission at the time the new
secondary recovery project is certified.(4)For purposes of determining the exemption provided for in subdivision b
and with respect to a unit where there has not been a secondary
recovery project, incremental production means the difference between
the total amount of oil produced from the unit during the tertiary recovery
project and the amount of primary production from the unit.Forpurposes of this paragraph, primary production means the amount of oil
which would have been produced from the unit if the tertiary recovery
project had not been commenced.The industrial commission shalldetermine the amount of primary production in a manner which conforms
to the practice and procedure used by the commission at the time the
project is certified.(5)For purposes of determining the exemption provided for in subdivision b
and with respect to a unit where there is or has been a secondary
recovery project, incremental production means the difference between
the total amount of oil produced during the tertiary recovery project and
the amount of production which would be equivalent to the average
monthly production from the unit during the most recent twelve months of
normal production reduced by a production decline rate of ten percent for
each year.The industrial commission shall determine the averagemonthly production from the unit during the most recent twelve months of
normal production and must upon request or upon its own motion hold a
hearing to make this determination.For purposes of this paragraph,when determining the most recent twelve months of normal production
the industrial commission is not required to use twelve consecutive
months. In addition, the production decline rate of ten percent must be
applied from the last month in the twelve-month period of time.(6)For purposes of determining the exemption provided for in subdivision b
and with respect to a unit where there is or has been a secondary
recovery project and where the industrial commission can establish an
accurate production decline curve, incremental production means the
difference between the total amount of oil produced from the unit during
the tertiary recovery project and the total amount of oil that would have
been produced from the unit if the tertiary recovery project had not been
commenced. For purposes of this paragraph, the total amount of oil that
would have been produced from the unit if the tertiary recovery project
had not been commenced includes both primary production and
production that occurred as a result of any secondary recovery project.
The industrial commission shall determine the amount of oil that would
have been produced from the unit if the tertiary recovery project had notPage No. 5been commenced in a manner that conforms to the practice and
procedure used by the commission at the time the tertiary recovery
project is certified.d.The industrial commission shall adopt rules relating to this exemption that must
include procedures for determining incremental production as defined in
subdivision c.6.The production of oil from a two-year inactive well, as determined by the industrial
commission and certified to the state tax commissioner, for a period of ten years
after the date of receipt of the certification. The exemption under this subsection
becomes ineffective if the average price of a barrel of crude oil exceeds the trigger
price for each month in any consecutive five-month period. However, the exemption
is reinstated if, after the trigger provision becomes effective, the average price of a
barrel of crude oil is less than the trigger price for each month in any consecutive
five-month period.7.The production of oil from a horizontal reentry well, as determined by the industrial
commission and certified to the state tax commissioner, for a period of nine months
after the date the well is completed as a horizontal well. The exemption under this
subsection becomes ineffective if the average price of a barrel of crude oil exceeds
the trigger price for each month in any consecutive five-month period. However, the
exemption is reinstated if, after the trigger provision becomes effective, the average
price of a barrel of crude oil is less than the trigger price for each month in any
consecutive five-month period.8.The initial production of oil from a well is exempt from any taxes imposed under this
chapter for a period of sixty months if:a.The well is located within the boundaries of an Indian reservation;b.The well is drilled and completed on lands held in trust by the United States for
an Indian tribe or individual Indian; orc.The well is drilled and completed on lands held by an Indian tribe if the interest
is in existence on August 1, 1997.9.The first seventy-five thousand barrels or the first four million five hundred thousand
dollars of gross value at the well, whichever is less, of oil produced during the first
eighteen months after completion, from a horizontal well drilled and completed after
April 30, 2009, is subject to a reduced tax rate of two percent of the gross value at
the well of the oil extracted under this chapter. A well eligible for a reduced tax rate
under this subsection is eligible for the exemption for horizontal wells under
subsection 3, if the exemption under subsection 3 is effective during all or part of the
first twenty-four months after completion. The rate reduction under this subsection
becomes effective on the first day of the month following a month for which the
average price of a barrel of crude oil is less than fifty-five dollars. The rate reduction
under this subsection becomes ineffective on the first day of the month following a
month in which the average price of a barrel of crude oil exceeds seventy dollars. If
the rate reduction under this subsection is effective on the date of completion of a
well, the rate reduction applies to production from that well for up to eighteen months
after completion, subject to the other limitations of this subsection.If the ratereduction under this subsection is ineffective on the date of completion of a well, the
rate reduction under this subsection does not apply to production from that well at
any time.(Effective after June 30, 2012) Exemptions from oil extraction tax. The followingactivities are specifically exempted from the oil extraction tax:Page No. 61.The activity of extracting from the earth any oil that is exempt from the gross
production tax imposed by chapter 57-51.2.The activity of extracting from the earth any oil from a stripper well property.3.For a well drilled and completed as a vertical well, the initial production of oil from
the well is exempt from any taxes imposed under this chapter for a period of fifteen
months, except that oil produced from any well drilled and completed as a horizontal
well is exempt from any taxes imposed under this chapter for a period of twenty-four
months. Oil recovered during testing prior to well completion is exempt from the oil
extraction tax.The exemption under this subsection becomes ineffective if theaverage price of a barrel of crude oil exceeds the trigger price for each month in any
consecutive five-month period. However, the exemption is reinstated if, after the
trigger provision becomes effective, the average price of a barrel of crude oil is less
than the trigger price for each month in any consecutive five-month period.4.The production of oil from a qualifying well that was worked over is exempt from any
taxes imposed under this chapter for a period of twelve months, beginning with the
first day of the third calendar month after the completion of the work-over project.
The exemption provided by this subsection is only effective if the well operator
establishes to the satisfaction of the industrial commission upon completion of the
project that the cost of the project exceeded sixty-five thousand dollars or production
is increased at least fifty percent during the first two months after completion of the
project.A qualifying well under this subsection is a well with an average dailyproduction of no more than fifty barrels of oil during the latest six calendar months of
continuous production.A work-over project under this subsection means thecontinuous employment of a work-over rig, including recompletions and reentries.
The exemption provided by this subsection becomes ineffective if the average price
of a barrel of crude oil exceeds the trigger price for each month in any consecutive
five-month period. However, the exemption is reinstated if, after the trigger provision
becomes effective, the average price of a barrel of crude oil is less than the trigger
price for each month in any consecutive five-month period.5.a.The incremental production from a secondary recovery project which has been
certified as a qualified project by the industrial commission after July 1, 1991, is
exempt from any taxes imposed under this chapter for a period of five years
from the date the incremental production begins.b.The incremental production from a tertiary recovery project that does not use
carbon dioxide and which has been certified as a qualified project by the
industrial commission is exempt from any taxes imposed under this chapter for
a period of ten years from the date the incremental production begins.
Incremental production from a tertiary recovery project that uses carbon dioxide
and which has been certified as a qualified project by the industrial commission
is exempt from any taxes imposed under this chapter from the date the
incremental production begins.c.For purposes of this subsection, incremental production is defined in the
following manner:(1)For purposes of determining the exemption provided for in subdivision a
and with respect to a unit where there has not been a secondary
recovery project, incremental production means the difference between
the total amount of oil produced from the unit during the secondary
recovery project and the amount of primary production from the unit. For
purposes of this paragraph, primary production means the amount of oil
which would have been produced from the unit if the secondary recovery
project had not been commenced.The industrial commission shalldetermine the amount of primary production in a manner which conformsPage No. 7to the practice and procedure used by the commission at the time the
project is certified.(2)For purposes of determining the exemption provided for in subdivision a
and with respect to a unit where a secondary recovery project was in
existence prior to July 1, 1991, and where the industrial commission
cannot establish an accurate production decline curve, incremental
production means the difference between the total amount of oil
produced from the unit during a new secondary recovery project and the
amount of production which would be equivalent to the average monthly
production from the unit during the most recent twelve months of normal
production reduced by a production decline rate of ten percent for each
year. The industrial commission shall determine the average monthly
production from the unit during the most recent twelve months of normal
production and must upon request or upon its own motion hold a hearing
to make this determination.For purposes of this paragraph, whendetermining the most recent twelve months of normal production the
industrial commission is not required to use twelve consecutive months.
In addition, the production decline rate of ten percent must be applied
from the last month in the twelve-month period of time.(3)For purposes of determining the exemption provided for in subdivision a
and with respect to a unit where a secondary recovery project was in
existence before July 1, 1991, and where the industrial commission can
establish an accurate production decline curve, incremental production
means the difference between the total amount of oil produced from the
unit during the new secondary recovery project and the total amount of
oil that would have been produced from the unit if the new secondary
recovery project had not been commenced.For purposes of thisparagraph, the total amount of oil that would have been produced from
the unit if the new secondary recovery project had not been commenced
includes both primary production and production that occurred as a result
of the secondary recovery project that was in existence before July 1,
1991. The industrial commission shall determine the amount of oil that
would have been produced from the unit if the new secondary recovery
project had not been commenced in a manner that conforms to the
practice and procedure used by the commission at the time the new
secondary recovery project is certified.(4)For purposes of determining the exemption provided for in subdivision b
and with respect to a unit where there has not been a secondary
recovery project, incremental production means the difference between
the total amount of oil produced from the unit during the tertiary recovery
project and the amount of primary production from the unit.Forpurposes of this paragraph, primary production means the amount of oil
which would have been produced from the unit if the tertiary recovery
project had not been commenced.The industrial commission shalldetermine the amount of primary production in a manner which conforms
to the practice and procedure used by the commission at the time the
project is certified.(5)For purposes of determining the exemption provided for in subdivision b
and with respect to a unit where there is or has been a secondary
recovery project, incremental production means the difference between
the total amount of oil produced during the tertiary recovery project and
the amount of production which would be equivalent to the average
monthly production from the unit during the most recent twelve months of
normal production reduced by a production decline rate of ten percent for
each year.The industrial commission shall determine the averagePage No. 8monthly production from the unit during the most recent twelve months of
normal production and must upon request or upon its own motion hold a
hearing to make this determination.For purposes of this paragraph,when determining the most recent twelve months of normal production
the industrial commission is not required to use twelve consecutive
months. In addition, the production decline rate of ten percent must be
applied from the last month in the twelve-month period of time.(6)For purposes of determining the exemption provided for in subdivision b
and with respect to a unit where there is or has been a secondary
recovery project and where the industrial commission can establish an
accurate production decline curve, incremental production means the
difference between the total amount of oil produced from the unit during
the tertiary recovery project and the total amount of oil that would have
been produced from the unit if the tertiary recovery project had not been
commenced. For purposes of this paragraph, the total amount of oil that
would have been produced from the unit if the tertiary recovery project
had not been commenced includes both primary production and
production that occurred as a result of any secondary recovery project.
The industrial commission shall determine the amount of oil that would
have been produced from the unit if the tertiary recovery project had not
been commenced in a manner that conforms to the practice and
procedure used by the commission at the time the tertiary recovery
project is certified.d.The industrial commission shall adopt rules relating to this exemption that must
include procedures for determining incremental production as defined in
subdivision c.6.The production of oil from a two-year inactive well, as determined by the industrial
commission and certified to the state tax commissioner, for a period of ten years
after the date of receipt of the certification. The exemption under this subsection
becomes ineffective if the average price of a barrel of crude oil exceeds the trigger
price for each month in any consecutive five-month period. However, the exemption
is reinstated if, after the trigger provision becomes effective, the average price of a
barrel of crude oil is less than the trigger price for each month in any consecutive
five-month period.7.The production of oil from a horizontal reentry well, as determined by the industrial
commission and certified to the state tax commissioner, for a period of nine months
after the date the well is completed as a horizontal well. The exemption under this
subsection becomes ineffective if the average price of a barrel of crude oil exceeds
the trigger price for each month in any consecutive five-month period. However, the
exemption is reinstated if, after the trigger provision becomes effective, the average
price of a barrel of crude oil is less than the trigger price for each month in any
consecutive five-month period.8.The initial production of oil from a well is exempt from any taxes imposed under this
chapter for a period of sixty months if:a.The well is located within the boundaries of an Indian reservation;b.The well is drilled and completed on lands held in trust by the United States for
an Indian tribe or individual Indian; orc.The well is drilled and completed on lands held by an Indian tribe if the interest
is in existence on August 1, 1997.Page No. 99.The first seventy-five thousand barrels of oil produced during the first eighteen
months after completion, from a horizontal well drilled and completed in the Bakken
formation after June 30, 2007, and before July 1, 2008, is subject to a reduced tax
rate of two percent of the gross value at the well of the oil extracted under this
chapter. A well eligible for a reduced tax rate under this subsection is eligible for the
exemption for horizontal wells under subsection 3, if the exemption under
subsection 3 is effective during all or part of the first twenty-four months after
completion.57-51.1-03.1. Stripper well, new well, work-over, and secondary or tertiary projectcertification for tax exemption or rate reduction - Filing requirement.To receive thebenefits of a tax exemption or tax rate reduction, a certification of qualifying well status prepared
by the industrial commission must be submitted to the tax commissioner as follows:1.To receive, from the first day of eligibility, a tax exemption on production from a
stripper well property under subsection 2 of section 57-51.1-03, the industrial
commission's certification must be submitted to the tax commissioner within
eighteen months after the end of the stripper well property's qualification period.2.To receive, from the first day of eligibility, a tax exemption under subsection 3 of
section 57-51.1-03 and a rate reduction on production from a new well under section
57-51.1-02, the industrial commission's certification must be submitted to the tax
commissioner within eighteen months after a new well is completed.3.To receive, from the first day of eligibility, a tax exemption under subsection 4 of
section 57-51.1-03 and a rate reduction for a work-over well under section
57-51.1-02, the industrial commission's certification must be submitted to the tax
commissioner within eighteen months after the work-over project is completed.4.To receive, from the first day of eligibility, a tax exemption under subsection 5 of
section 57-51.1-03 and a tax rate reduction under section 57-51.1-02 on production
from a secondary or tertiary project, the industrial commission's certification must be
submitted to the tax commissioner within the following time periods:a.For a tax exemption, within eighteen months after the month in which the first
incremental oil was produced.b.For a tax rate reduction, within eighteen months after the end of the period
qualifying the project for the rate reduction.5.To receive, from the first day of eligibility, a tax exemption or the reduction on
production for which any other tax exemption or rate reduction may apply, the
industrial commission's certification must be submitted to the tax commissioner
within eighteen months of the completion, recompletion, or other qualifying date.6.To receive, from the first day of eligibility, a tax exemption under subsection 6 of
section 57-51.1-03 on production from a two-year inactive well, the industrial
commission's certification must be submitted to the tax commissioner within
eighteen months after the end of the two-year inactive well's qualification period.If the industrial commission's certification is not submitted to the tax commissioner within the
eighteen-month period provided in this section, then the exemption or rate reduction does not
apply for the production periods in which the certification is not on file with the tax commissioner.
When the industrial commission's certification is submitted to the tax commissioner after the
eighteen-month period, the tax exemption or rate reduction applies to prospective production
periods only and the exemption or rate reduction is effective the first day of the month in which
the certification is received by the tax commissioner.Page No. 1057-51.1-04. Authority of tax commissioner to accept production reports computedon a property basis. Repealed by S.L. 1989, ch. 732,