15-35-204. Reporting requirements for credit -- duty of department. (1) Every Montana coal mine operator must provide to the department:
     (a) on or before April 30, 1985, a list showing the amount of coal produced and sold in calendar years 1983 and 1984 to every purchaser, including purchasers who obtained coal from the coal mine operator through a broker; and
     (b) with the quarterly statement required by 15-35-104, a list of the number of tons produced and sold to every purchaser during the quarter and the severance tax calculated prior to the application of the credit on these tons.
     (2) To be eligible for the tax credit provided for in 15-35-202, a coal mine operator must furnish to the department:
     (a) on or before April 30, 1985, copies of all existing coal sales agreements;
     (b) with the quarterly statement required by 15-35-104, a copy of any new coal sales agreements or extensions of existing agreements executed during the quarter;
     (c) on or before January 31 of each year:
     (i) a list of incremental production for all qualified purchasers during the previous calendar year;
     (ii) a written statement from each qualified purchaser verifying the volume of coal purchased in that year from all Montana coal mine operators; and
     (iii) the necessary information on incremental production purchased through a broker to verify that such incremental production did not cause a reduction in the base consumption level of any other purchaser of Montana coal; and
     (d) any other data, reports, evidence, or production data that may be necessary for the department to determine whether a purchaser is a qualified purchaser and the base consumption level for each purchaser.
     (3) By July 1, 1985, the department shall prepare and publish for informational purposes only an unaudited compilation of the base production level for each coal mine operator and a compilation of the base consumption level for each purchaser.
     (4) Any coal mine operator or purchaser may, for the purpose of determining the eligibility of coal production for the new production incentive tax credit, file with the department a petition for a declaratory ruling as provided in 2-4-501. The department shall issue a ruling on the petition within 90 days of the date the petition was filed with the department.

     History: En. Sec. 5, Ch. 636, L. 1985.