West Virginia Code — Chapters 11 / 11A / 11B (Taxation)
W. Va. Code § 11-13A-5
Oil and gas operating unit
# (a)
For purposes of the production of oil classification and the production of natural gas classification, as set forth in this article, multiple coowners of oil or natural gas, in place, lessees thereof, or others being vested with title and ownership to part or all of the oil and gas, as personal property, immediately after its severance, extraction, reduction to possession and production (except royalty recipients in kind) shall be deemed to be a "group or combination acting as a unit" and one "person" as defined in section two of this article, if not otherwise defined therein, whenever engaged in the producing of oil or natural gas through common use (by joint or separately executed contracts) of the same independent contract driller or operator's services; and notwithstanding provisions of private contracts for separate deposit of gross receipts in separate members' accounts or for members of such group or combination to take in kind any proportionate part of such natural resources.
# (b)
Lessees, sublessees or other denominated lessees are considered to be producers of all of the oil or natural gas produced, regardless of any payment, in kind, to lessors, sublessors or other denominated lessors of a part of such natural resources as rents or royalties.
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In this chapter (40 sections)
- 11-13-21 · 11-13-21
- 11-13-22 · 11-13-22
- 11-13-23 · 11-13-23
- 11-13-24 · 11-13-24
- 11-13-25 · Cities, towns or villages restricted from imposing…
- 11-13-26 · Severability
- 11-13-27 · General procedure and administration
- 11-13-28 · Effective date; transition rules
- 11-13-29 · Tax commissioner to furnish comparative study reports to…
- 11-13-30 · Tax credit for coal coking facilities; regulations
- 11-13-31 · Credit for consumers sales and service tax and use tax paid
- 11-13A-1 · Short title; arrangement and classification
- 11-13A-2 · Definitions
- 11-13A-3 · Imposition of tax on privilege of severing coal, limestone…
- 11-13A-3A · Imposition of tax on privilege of severing natural gas or…
- 11-13A-3B · Imposition of tax on privilege of severing timber
- 11-13A-3C · Imposition of tax on privilege of severing other natural…
- 11-13A-3D · Imposition of tax on privilege of severing coalbed methane
- 11-13A-3E · Imposition of tax on privilege of extracting and recovering…
- 11-13A-4 · Treatment processes as production
- 11-13A-5 · Oil and gas operating unit
- 11-13A-5A · Dedication of ten percent of oil and gas severance tax for…
- 11-13A-5B · Creation and cessation of West Virginia Future Fund;…
- 11-13A-6 · Additional tax on the severance, extraction and production…
- 11-13A-6A · Reallocation and dedication of percentage of severance tax…
- 11-13A-6B · Severance tax on coal extracted incident to highway…
- 11-13A-7 · Accounting periods and methods of accounting
- 11-13A-8 · Time for filing annual returns and other documents
- 11-13A-9 · Periodic installment payments of taxes imposed by sections…
- 11-13A-9A · Periodic installment payments of tax imposed by section…
- 11-13A-10 · Paying tax; annual tax credit
- 11-13A-10A · Tax credit for business investment and jobs expansion;…
- 11-13A-11 · Extension of time for filing returns
- 11-13A-12 · Extension of time for paying tax
- 11-13A-13 · Place for filing returns or other documents
- 11-13A-14 · Time and place for paying tax shown on returns
- 11-13A-15 · Signing of returns and other documents
- 11-13A-16 · Bond of taxpayer may be required
- 11-13A-16A · Nonresident person severing West Virginia timber owned by…
- 11-13A-17 · Collection of tax; agreement for processor to pay tax due…