- Alaska Statutes.
- Title 43. Revenue and Taxation
- Chapter 55. Oil and Gas Production Tax and Oil Surcharge
- Section 40. Powers of Department of Revenue.
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AS 43.55.040. Powers of Department of Revenue.
Except as provided in AS 43.05.405
- 43.05.499, the department may
- (1) require a person engaged in production and the agent or employee of the person, and the purchaser of oil or
gas, or the owner of a royalty interest in oil or gas to furnish, whether by the filing of regular statements or reports or otherwise,
additional information that is considered by the department as necessary to compute the amount of the tax; notwithstanding any contrary
provision of law, the disclosure of additional information under this paragraph to the producer obligated to pay the tax does not
violate AS 40.25.100 (a) or AS 43.05.230(a); before disclosing information under this paragraph that is
otherwise required to be held confidential under AS 40.25.100 (a) or AS 43.05.230 (a), the department shall
- (A) provide the person that furnished the information a reasonable opportunity to be heard regarding the proposed
disclosure and the conditions to be imposed under (B) of this paragraph; and
- (B) impose appropriate conditions limiting
- (i) access to the information to those legal counsel, consultants, employees, officers, and agents of the producer
who have a need to know that information for the purpose of determining or contesting the producer's tax obligation; and
- (ii) the use of the information to use for that purpose;
- (2) examine the books, records, and files of such a person;
- (3) conduct hearings and compel the attendance of witnesses and the production of books, records, and papers of any
- (4) make an investigation or hold an inquiry that is considered necessary to a disclosure of the facts as to
- (A) the amount of production from any oil or gas location, or of a company or other producer of oil or gas; and
- (B) the rendition of the oil and gas for taxing purposes.
- (5) require a producer, an explorer, or an operator of a lease or property to file reports and copies of records
that the department considers necessary to forecast state revenue under this chapter; in the case of reports and copies of records
relating to proposed, expected, or approved unit expenditures for a unit for which one or more working interest owners other than the
operator have authority to approve unit expenditures, the required reports and copies of records are limited to those reports or copies
of records that constitute or disclose communications between the operator and the working interest owners relating to unit budget
- (6) require a producer that has an average total production in the state of more than 100,000 barrels a day for
a calendar year to report the gross value at the point of production of the producer's taxable oil and gas in the state for a calendar
year and the total amount of lease expenditures in the state for that calendar year; and
- (7) assess against a person required under this section to file a report, statement, or other document a penalty,
as determined by the department under standards adopted in regulation by the department, of not more than $1,000 for each day the person
fails to file the report, statement, or other document after notice by the department; the penalty is in addition to any penalties under AS 43.05.220 and 43.05.290 and is assessed, collected, and paid in the same manner as a tax
deficiency under this title; the penalty shall bear interest at the rate specified under AS 43.05.225 (1).
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