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Title 39 Taxation and Revenue

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Change 1

What to do with it
As published

39-14-212. Taxation of certain helium.

(a) As used in this section: (i) "Helium" means helium which is a component of a natural gas stream leased by the United States to any lessee pursuant to the Mineral Leasing Act of 1920, 30 U.S.C. section 181. All other helium shall be subject to taxation pursuant to the provisions of this article; (ii) "Present and continuing privilege of removing, extracting, severing or producing" means the right to physically separate the helium, by itself, or as a component of the gas stream, from the ground; (iii) All other definitions in W.S. 39-14-201 are incorporated herein by reference to the extent that they may apply. (b) Administration; confidentiality: The department shall annually value and assess helium production at its fair market value for taxation in accordance with the applicable provisions of W.S. 39-14-202. (c) Taxable event: There is levied a severance tax on the value of the gross product extracted for the present and continuing privilege of removing, extracting, severing or producing helium in this state. The tax imposed by this subsection shall be in addition to all other taxes imposed by law. (d) Basis of tax: Helium shall be valued for taxation as natural gas as provided in W.S. 39-14-203(b). (e) Taxpayer: Any person removing, extracting, or severing helium from the ground; or, to the extent of his interest ownership, any person owning an interest in the helium, is liable for the payment of the severance taxes together with any penalties and interest, provided however, that helium shall be subject to the severance tax only once. (f) Tax rate: Helium shall be subject to the severance tax rate for natural gas as provided in W.S. 39-14-204. (g) Exemptions: The exemptions from taxation provided by W.S. 39-14-205 for natural gas shall apply to natural gas containing helium. (h) Compliance; collection procedures: The severance tax related provisions of W.S. 39-14-207 shall apply to helium production. (j) Enforcement: All severance tax related provisions of W.S. 39-14-208 shall apply to helium production. (k) Taxpayer remedies: All severance tax related provisions of W.S. 39-14-209 shall apply to helium production. (m) Distribution: Severance tax revenues from helium production shall be distributed as provided by W.S. 39-14-211.

Your change, as a redline

39-14-212. Taxation of certain helium.

(a) As used in this section: (i) "Helium" means helium which is a component of a natural gas stream leased by the United States to any lessee pursuant to the Mineral Leasing Act of 1920, 30 U.S.C. section 181. All other helium shall be subject to taxation pursuant to the provisions of this article; (ii) "Present and continuing privilege of removing, extracting, severing or producing" means the right to physically separate the helium, by itself, or as a component of the gas stream, from the ground; (iii) All other definitions in W.S. 39-14-201 are incorporated herein by reference to the extent that they may apply. (b) Administration; confidentiality: The department shall annually value and assess helium production at its fair market value for taxation in accordance with the applicable provisions of W.S. 39-14-202. (c) Taxable event: There is levied a severance tax on the value of the gross product extracted for the present and continuing privilege of removing, extracting, severing or producing helium in this state. The tax imposed by this subsection shall be in addition to all other taxes imposed by law. (d) Basis of tax: Helium shall be valued for taxation as natural gas as provided in W.S. 39-14-203(b). (e) Taxpayer: Any person removing, extracting, or severing helium from the ground; or, to the extent of his interest ownership, any person owning an interest in the helium, is liable for the payment of the severance taxes together with any penalties and interest, provided however, that helium shall be subject to the severance tax only once. (f) Tax rate: Helium shall be subject to the severance tax rate for natural gas as provided in W.S. 39-14-204. (g) Exemptions: The exemptions from taxation provided by W.S. 39-14-205 for natural gas shall apply to natural gas containing helium. (h) Compliance; collection procedures: The severance tax related provisions of W.S. 39-14-207 shall apply to helium production. (j) Enforcement: All severance tax related provisions of W.S. 39-14-208 shall apply to helium production. (k) Taxpayer remedies: All severance tax related provisions of W.S. 39-14-209 shall apply to helium production. (m) Distribution: Severance tax revenues from helium production shall be distributed as provided by W.S. 39-14-211.

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