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Landowners who hold an operating or working interest in the production of oil and gas can deduct intangible drilling and development costs, operating expenses, geological and geophysical expenses, production taxes, and depletion expenses.
Royalties from copyrights, patents, and oil, gas and mineral properties are taxable as ordinary income. You generally report royalties in Part I of Schedule E (Form 1040 or Form 1040-SR), Supplemental Income and Loss.
The working interest would be reported on a Schedule C for the gross receipts, expenses and depletion. The taxpayer will receive the gross receipts (including lease and bonus payments) on Form 1099-NEC, Box 1, Nonemployee Compensation.
The highest individual income tax rate is 2.90%, resulting in a withholding tax rate of 2.15% (2.90% - 0.75%). This withholding tax rate applies to all types of royalty owners. For detailed information about exceptions see the Guideline - Oil and Gas Royalty Payments.
Under North Dakota Century Code (N.D.C.C.) 57-38-31.1, a passthrough entity is required to withhold North Dakota income tax at the rate of 2.90% from a nonresident members North Dakota distributive share of income if (1) it is $1,000 or more and (2) it is not included in a composite return.
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The Form 306, North Dakota Income Tax Withholding return must be filed by every employer, even if compensation was not paid during the period covered by this return. Form 306 and the tax due on it must be submitted electronically if the amount withheld during the previous calendar year was $1,000 or more.
Federal tax must be withheld at the rate of 30% of gross royalties unless an IRS tax treaty is applicable. See IRS Tax Treaty Table 1 (Royalties).
Severance tax is a state tax imposed on the extraction of non-renewable natural resources intended for consumption by other states. Severance tax is intended to compensate states for the loss of the non-renewable resources.

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