| (a) Reports required.
(1) All first purchasers and/or processors must file
reports in accordance with §3.26 of this title (relating to Purchaser
and/or Processor Reporting Requirements).
(2) All producers as defined by Tax Code, §201.001(5)
or §3.17 of this title (relating to Producer Reporting Requirements),
having an average monthly tax liability of $200 or more must file
the producer's monthly report required by Tax Code, §201.203.
(3) All producers having an average monthly tax liability
of less than $200 must file the producer's annual report.
(b) Due dates.
(1) Except as provided in paragraphs (2) and (3) of
this subsection, the due date for all monthly reports and payments
is the 20th day of the second month following the month of production.
(2) The due date for the monthly reports and payments
for the production month of June of each odd-numbered calendar year
is the 15th day of August of that year.
(3) An estimated payment of tax is required of all
monthly filers on or before August 15 for the production month of
July of each odd-numbered calendar year.
(4) Except as provided in paragraphs (5) and (6) of
this subsection, the gas producer's annual report and payment are
due on or before February 20 of each year. The report is for taxable
production during the preceding calendar year.
(5) The gas producer's annual report and payment for
producers going out of business during the year are due on or before
the 20th day of the second month in which the producer ceases production.
The report must reflect all taxable production thus far during the
year.
(6) If any producer, designated as an annual filer,
has an accumulated tax liability of $2,400 or more the producer must
file a report and remit the tax due on or before the 20th day of the
second month following the month resulting in the $2,400 accumulated
liability. The producer must file monthly thereafter. It is the responsibility
of the taxpayer to contact the comptroller's office concerning the
change in reporting status. Example: a producer begins business in
April and estimates his monthly liability at only $150 per month.
By October the actual liability is $2,500. A report covering April
through October must be filed on or before December 20. All periods
subsequent to October must then be reported on monthly reports.
(c) Payment of estimated tax required.
(1) An amount equal to a reasonable estimate of the
tax due for production during July of each odd-numbered calendar year
must be remitted to the comptroller on or before August 15 of that
year.
(2) A reasonable estimate of the tax due for July is
equal to the tax due for June of the same year or the actual tax due
for July, whichever is less.
(3) Any additional tax due for July in excess of the
reasonable estimate is due on or before September 20 of that year.
(d) Penalties.
(1) If the amount paid pursuant to subsection (c) of
this section is less than the required amount, a penalty of 10% will
accrue on the difference between the required amount and the amount
actually remitted.
(2) If an estimated payment is not timely or no estimated
payment is made, a 10% penalty will accrue on the entire amount required
to be paid by August 15.
(3) A penalty of 5.0% will accrue on the additional
tax due for the month of July or any other regular monthly report
if it is not paid when the report is due. An additional 5.0% penalty
will accrue 30 days after the due date of the report if the tax is
still not paid.
(e) Examples.
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