(1) Preparation and filing of the resource
indemnity trust tax statement of gross yield and payment of the tax due is the
direct and sole responsibility of every individual, partnership, firm,
association, joint stock company, syndi-cate, or corporation who engages in or
carries on the business of mining, extracting, or producing a mineral, as
defined in Title 15, chapter 38, MCA.
(2) This responsibility may not be delegated or
trans-ferred to the owner of the property from which minerals are extracted or
produced, if different from the producer, or to the purchaser of the minerals.
(3) A producer who has
filed a metal mines license tax return pursuant to Title 15, chapter 37, part
1, MCA, does not also need to file a resource indemnity trust return. Not filing a resource indemnity trust return
does not relieve the producer from the obligation to pay the tax. A producer of gold, silver, copper, lead, or
any other metal or metals or precious or semiprecious gems or stones who does
not file a metal mines license return must file a resource indemnity trust tax
return.