Ohio Offset Well Protection and Payment of Compensatory Royalty

State:
Multi-State
Control #:
US-OG-810
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

In general, government pensions and retirement income are taxed in Ohio, but there are some exceptions. Social Security, some railroad retirement and military benefits are not taxed. Also, Ohio does not tax nonresidents' retirement income.

Royalty income is the amount received through a licensing or rights agreement for the use of copyrighted works, influencer endorsements, intellectual property like patents, or natural resources like oil and gas properties, often including an upfront payment and ongoing earnings and payments.

There is no inheritance tax in Ohio. However, other states' inheritance tax may apply to you as an Ohio resident.

The extraction of oil and gas involves lease and lease bonus payments paid to the landowner. These payments can be lump-sum or multi-year payments. For royalty owners, the lease bonus and lease payments are generally reported on Form 1099-MISC, Box 1, Rents.

If the owner of the mortgaged property was entitled to oil and gas royalties before the foreclosure sale, the oil or gas royalties shall be paid to the purchaser of the foreclosed property.

Royalties, active or passive, are subject to regular income tax. Items of passive income from abroad are subject to final tax.

Lease bonus income is treated as an advance payment for production. Therefore, it is ordinary income subject to depletion.

Oil, mineral rights, etc are considered tangible net profits, and therefore are taxable. Good rule of thumb to remember: Royalties that come from the ground are tangible and therefore taxable. Royalties from patents, copyrights, trademarks, trade names are intangible and specifically listed as exempt in the ORC.

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Ohio Offset Well Protection and Payment of Compensatory Royalty