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Old 01-31-2009, 05:22 PM
Okla Tax-Aide
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Posts: n/a
Default Re: rent mineral rights

Okla Tax-Aide had written this in response to
http://www.rockryno.com/taxes/rent-m...hts-18890-.htm :


----- Marion1E[at]comcast.net wrote:


- quote -

> Hi everybody,
> My mom has mineral rights in Oklahoma. She does not owe the land. She
> received money from an oil company so they can do exploratory
> drilling. The contract is for 5 years and she got a onetime payment
> for the 5 years of $20,000. Does this go on schedule E and if yes
> where on schedule E? Is it considered rent?


> Thanks you,


> Marion

Oil companies should send you a 1099-MISC with the Lease Bonus shown as
Rent on Box 1. If so list it as Rent on Sch E. Line 3. IF Bonus is from
property in OKLA, it's subject to OKLA Income Tax and Oil Company MAY have
with held
6% for taxes






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<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 01-16-2009, 03:14 PM
Alan
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Default Re: rent mineral rights

Alan wrote:
- quote -

> Marion1E[at]comcast.net wrote:
> > Hi everybody,
> > My mom has mineral rights in Oklahoma. She does not owe the land. She
> > received money from an oil company so they can do exploratory
> > drilling. The contract is for 5 years and she got a onetime payment
> > for the 5 years of $20,000. Does this go on schedule E and if yes
> > where on schedule E? Is it considered rent?
> > > Thanks you,
> > > Marion

> > There is no way to answer your question without seeing the contract

> between the owner of the rights and the oil company that wants to drill.
> Typically, the way this works is that the rights owner signs a lease
> with the oil company that provides the company the right to develop
> (drill) and produce oil. The lease also typically contains a provision
> for royalty payments when the oil is produced and how those payments
> will be made. Royalty payments on oil are typically 1/8 of production
> but could be higher. Other terms can vary. The lease is usually for a
> specific duration of time.. in your mom's case five years. Usually,
> when there is no periodic rental payment in the lease there is a
> one-time up front payment for the rights. This is called a bonus. The
> bonus is considered to be an advance royalty. Advance royalties are not
> subject to any percentage depletion allowances.
> So.. the end result is that the payment gets reported on Schedule E as a
> royalty payment.
> Just to repeat... unless one actually looks at the contract.. one does
> not know. As the payment was $20,000, your mom should receive IRS Form
> 1099-MISC that should identify exactly what the payment was for.

I realized after I sent this that I should not have used the word
"exactly" in the last paragraph. The 1099-MISC will contain the
amount received probably in Box 2 Royalties. However, there
could also be amounts in Box 1 and Box 3.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 01-15-2009, 08:42 PM
Alan
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Posts: n/a
Default Re: rent mineral rights

Marion1E[at]comcast.net wrote:
- quote -

> Hi everybody,
> My mom has mineral rights in Oklahoma. She does not owe the land. She
> received money from an oil company so they can do exploratory
> drilling. The contract is for 5 years and she got a onetime payment
> for the 5 years of $20,000. Does this go on schedule E and if yes
> where on schedule E? Is it considered rent?
> Thanks you,
> Marion

There is no way to answer your question without seeing the
contract between the owner of the rights and the oil company that
wants to drill.

Typically, the way this works is that the rights owner signs a
lease with the oil company that provides the company the right to
develop (drill) and produce oil. The lease also typically
contains a provision for royalty payments when the oil is
produced and how those payments will be made. Royalty payments on
oil are typically 1/8 of production but could be higher. Other
terms can vary. The lease is usually for a specific duration of
time.. in your mom's case five years. Usually, when there is no
periodic rental payment in the lease there is a one-time up front
payment for the rights. This is called a bonus. The bonus is
considered to be an advance royalty. Advance royalties are not
subject to any percentage depletion allowances.

So.. the end result is that the payment gets reported on Schedule
E as a royalty payment.

Just to repeat... unless one actually looks at the contract.. one
does not know. As the payment was $20,000, your mom should
receive IRS Form 1099-MISC that should identify exactly what the
payment was for.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 01-15-2009, 07:25 PM
D. Stussy
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Posts: n/a
Default Re: rent mineral rights

"Paul Thomas, CPA" <paulthomascpapc[at]bellsouth.net> wrote in message
news:bgLbl.4812$MT3.1406[at]bignews4.bellsouth.net...
- quote -

> <Marion1E[at]comcast.net> wrote
> > My mom has mineral rights in Oklahoma. She does not owe
> > the land. She received money from an oil company so they
> > can do exploratory drilling. The contract is for 5 years and
> > she got a onetime payment for the 5 years of $20,000.
> > Does this go on schedule E and if yes
> > where on schedule E? Is it considered rent?

> I see nothing that would indicate an entry to some place other than

Schedule
> E, and whether it's technically a rent or a royalty probably doesn't

change
> the end result of the amount of income or how it's taxed. Is there

any
> additional income to be expected based on any oil actually being

extracted
> from the property? Does the contract read such that it lends itself

to look
> more like lease/rent income or royalty income?


I do: As this is for oil or gas, Schedule C treatment may be
appropriate. This is an exception to the general rule.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 01-15-2009, 05:31 PM
Paul Thomas, CPA
Guest
 
Posts: n/a
Default Re: rent mineral rights


<Marion1E[at]comcast.net> wrote
- quote -

> My mom has mineral rights in Oklahoma. She does not owe
> the land. She received money from an oil company so they
> can do exploratory drilling. The contract is for 5 years and
> she got a onetime payment for the 5 years of $20,000.
> Does this go on schedule E and if yes
> where on schedule E? Is it considered rent?





I see nothing that would indicate an entry to some place other than Schedule
E, and whether it's technically a rent or a royalty probably doesn't change
the end result of the amount of income or how it's taxed. Is there any
additional income to be expected based on any oil actually being extracted
from the property? Does the contract read such that it lends itself to look
more like lease/rent income or royalty income?





--
Paul A. Thomas, CPA
Watkinsville, Georgia

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 01-15-2009, 04:48 PM
Marion1E@comcast.net
Guest
 
Posts: n/a
Default rent mineral rights

Hi everybody,
My mom has mineral rights in Oklahoma. She does not owe the land. She
received money from an oil company so they can do exploratory
drilling. The contract is for 5 years and she got a onetime payment
for the 5 years of $20,000. Does this go on schedule E and if yes
where on schedule E? Is it considered rent?

Thanks you,

Marion

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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