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Question

Two years ago I started getting royalties on a gas lease that I inherited that is located in another state . Last year I included the amount in my total income that I reported to my state, and paid taxes on it. Now I think I should have paid it to the other state. The net amount was approximately $14,000. Should I go back and file with the other state and file a correction with my own state? Am I correct in assuming I should be filing 2 state tax forms now?

Submitted: 372 days and 19 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Jesup, Georgia

Already Tried:
I do not have a working interest in the gas lease. I need to know before I file this year's state return. Also, I believe I can take a 15% depletion allowance on the gas lease on my federal return if I am reading the info correctly.

Accepted Answer

Yes - if the property is located in another state - you need to file a tax return as a non resident for that state and may owe state income tax.

On your home state tax return - you will claim a credit for taxes paid to another state.

 

There are two ways of figuring depletion on mineral property.

  • Cost depletion.

  • Percentage depletion.

Generally, you must use the method that gives you the larger deduction. However, unless you are an independent producer or royalty owner, you generally cannot use percentage depletion for oil and gas wells.

For calculating cost depletion - see the IRS publication 535 chap 9 - http://www.irs.gov/pub/irs-pdf/p535.pdf

 

Generally, as an independent producer or royalty owner, you figure your percentage depletion by computing your average daily production of domestic oil or gas and comparing it to your depletable oil or gas quantity. If your average daily production does not exceed your depletable oil or gas quantity, you figure your percentage depletion by multiplying the gross income from the oil or gas property by 15%.

 

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Expert: LEV
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Accepts: 7914
Answered: 3/14/2009

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