(1) In addition to any other tax, there shall be levied, collected, and paid for each taxable year a tax upon the severance of oil shale as to all such severance occurring on and after January 1, 1978. Such tax shall be levied against every person engaged in the severance of oil shale. Subject to the provisions of subsections (2) and (3) of this section, such tax shall be levied on the gross proceeds from each commercial oil shale facility at a rate of four percent of such gross proceeds.
The tax shall only have application to a commercial oil shale facility one hundredeighty days after the facility commences commercial production, as follows:
Year Fraction of tax imposed by subsection (1)
First year 1/4
Second year 1/2
Third year 3/4
Fourth and each succeeding year Entire rate imposed by subsection (1)
The production of the first fifteen thousand tons per day of oil shale or ten thousandbarrels per day of shale oil, whichever is greater, shall be exempt from the tax.
(3.1) The calculation of the daily production subject to the tax and to the exemption in subsection (3) of this section shall be determined by dividing the total production of a calendar month by the total number of days in such month.
(4) Repealed.
Source: L. 77: Entire article added, p. 1847, § 1, effective January 1, 1978. L. 82: (2) amended and (3.1) added, p. 576, § 2, effective April 2; (4) repealed, p. 580, § 1, effective July 1. L. 2004: (1) amended, p. 1211, § 97, effective August 4.