Tax Checklists For Mining Lawyers

The purpose of this paper is to provide lawyers who are engaged in negotiating, structuring and drafting mining agreements with a checklist of tax questions that should be considered when dealing with certain basic mining transactions. Starting from an overview of basic mining tax considerations, the checklist is structured on a transactional basis, with cross references to the discussion of a tax question that has relevance to several transactions. In each section of the checklist, reference is made to the basic tax questions, but the focus of discussion is on the problem areas of the particular mining transaction. The author has attempted to cross reference the paper to the standard texts and to various Rocky Mountain Mineral Law Foundation Manuals so that the mining lawyer is guided to a complete discussion of the problem raised in the checklist.* See generally, Scamehorn, Tax Consequences of Mineral TransactionsAn Overview. Mineral 11-2Taxation Institute, Rocky Mt. Min. L. Fndn., (1977), Paper 1.