NDAC 81-09-02-09.1
Reduction from gas volumes and reporting
Cite as N.D. Admin. Code ยง 81-09-02-09.1
1.
To determine the volume of gas upon which gross production tax must be paid, the following
may be deducted from the total volume of gas produced and must be reported to the
commissioner:
a.
Wet gas and gas products exempt from taxation pursuant to subsection 3 of North
Dakota Century Code section 57-51-05. The volume of gas to be deducted for the wet
gas and gas products must be computed using the formulas prescribed in forms provided
by the commissioner.
b.
Condensate reported as oil. The volume of gas to be deducted for each barrel of
condensate must be computed using the formula prescribed in forms provided by the
commissioner.
c.
Gas flared from an oil well by a producer that is not subject to taxation pursuant to North
Dakota Century Code section 38-08-06.4.
d.
In the event a substance is being injected into a reservoir as a part of a tertiary recovery
project, and the amount of nonhydrocarbon gas produced from a well is disproportionally
increased as a result of the project, the total volume of gas produced from the well may
be adjusted subject to the approval of the commissioner in a manner approved by the
commissioner.
2.
A producer is not required to report exempt lease use gas and gas flared from an oil well that
is not connected to a gas gathering line if the producer submits the following to the
commissioner:
a.
A chemical analysis of the flared gas, if available;
b.
After the first year's production, an industrial commission order exempting the producer
from the provisions of North Dakota Century Code section 38-08-06.4; and
c.
A written statement stating the specific use of exempt gas volumes used on the lease.