Tax advantages of a deferred minimum annual royalty provision in oil and gas leases
This article describes how a deferred minimum annual royalty provision can serve to meet conflicting economic demands without adverse tax consequences. A deferred minimum annual royalty provision is an economic hybrid of a production royalty and a lease bonus. To a lessor, it has the advantage of guaranteeing a minimum return without regard to production. It should also encourage prompt development of the lease since a lessee will desire to void incurring subsequent minimum annual royalties on unproductive acreage. To an accrual-basis lessee, it has greater tax advantages than a lease bonus because it is deductible in the year paid or incurred. Although it exposes the lessee to more economic risk, this risk can be reduced through proper planning. In appropriate circumstances, a deferred minimum annual-royalty provision may therefore be worthy of consideration by either or both parties in an oil- and gas-leasing transaction. 44 references.
- Research Organization:
- Meserve, Mumper and Hughes, Los Angeles, CA
- OSTI ID:
- 5851871
- Journal Information:
- Oil Gas Tax Q.; (United States), Vol. 30:2
- Country of Publication:
- United States
- Language:
- English
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