§ 7-29-4.2 NMSA 1978

Value may be determined by department; standard

Known as the Oil and Gas Severance Tax Act

The act spans §§ 7–7 (17 sections).

Applied in 2 court decisions — leading case Feerer v. Amoco Production Co. (2001)

Most recently applied in Feerer v. Amoco Production Co. (March 2001)

1978 Comp., § 7-29-4.2, enacted by Laws 1980, ch. 62, § 7; 1989, ch. 130, § 4.

The department may determine the value of products severed from a production unit when:

A. the operator and purchaser are affiliated persons;

B. the sale and purchase of products is not an arm's length transaction; or when

C. products are severed and removed from a production unit and a value as defined in the Oil and Gas Severance Tax Act is not established for such products.

The value determined by the department shall be commensurate with the actual price received for products of like quality, character and use which are severed in the same field or area. If there are no sales of products of like quality, character and use severed in the same field or area, then the department shall establish a reasonable value.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.