(1) The department shall consider the date the coal is loaded
for final transportation to the purchaser as the time for determining the
contract sales price of the coal. To arrive at FOB mine price any shipping or
any other expenses incurred after the coal is prepared for shipment may be
excluded from the contract revenue. The contract sales price will be determined
by deducting from FOB mine price or a value imputed by the department:
(a) the allowance for federal, state and
Indian royalties;
(b) the processing allowance resulting from
imputing value according to ARM 42.25.515; and
(c) the amounts charged to the purchaser to
pay taxes on production.
(2) In computing production taxes the
operator may include that amount which he expects to pay or the amount charged
to the purchaser. If the taxes actually paid on the production are more or less
than the production taxes deducted and affect the contract sales price, the
difference shall be an adjustment in production taxes deducted for the
following year.
(3) Contract sales price should be computed
for each contract individually with the exception of those contracts for which
the department imputes value. The resource indemnity trust tax and the gross
proceeds tax deductions shall be the actual amount charged to the purchaser.