I have royalty interests in some BP gas wells in Harrison County. I recently received a letter about a class action settlement which I need to opt in or out of. All of the BP wells I have an interest in were traditionally drilled (not horizontal/shale wells), and they have been in production for several years. The dollar amount of my share of the settlement is very small (less than $100). A couple of months ago, my check from a different company shot up about $1000. When I looked at the check detail, I saw that it was refunds of severance taxes going back a couple of years (some of the payments from this company is on 2 shale wells, drilled horizontally). I was about to sign the letter accepting the settlement when I got that check and thought I might need to look into it a little more. Does anyone know if the severance tax refunds are higher/more common on horizontal wells as opposed to traditionally drilled wells?
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Wonderland,
This link may be helpful and give you some insight and direction.
The class action was filed in the Eastern District of Texas in 2008 against over 100 oil companies. The basis for it was that the companies were receiving severance tax exemptions (primarily high cost/tight sand gas), but were not giving the royalty owners their share of the exemption. The Texas Comptroller's website has a link where you can search by lease/well name and determine if the well was given an exemption and how much the operator received from same. Here is the link https://ecpa.cpa.state.tx.us/cong/leaseNameSearchForward.do;jsessio...
If you find the wells BP operates on which it pays you royalties, and you compare the time periods BP received tax exemptions on the wells to your check stubs, you can determine if they gave you your share of the benefit. If they didn't, you can calculate how much they owe you based on the time period they had the exemption. Then decide if it is worth opting out or taking the $100. I would expect your share of the class action settlement of $100 would be less than what you are actually owed, but it is up to you to decide if it is worth pursuing BP yourself.
Ben,
The site you linked me to is one which you must log in to see--and says to log in you must be responsible for filing the returns. Do you have a different link for the same info?
Sorry about that. Not sure why it is doing that. When you follow the link, click on the "Crude Oil & Natural Gas" title at the top. At the next page you will see a list of links on the left side. Click on "By Lease Name"
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