Wyoming 2025 Regular Session

Wyoming House Bill HB0300 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-05611HB0300
4	4	HOUSE BILL NO. HB0300
5	5	Electrical generation tax.
6	6	Sponsored by: Representative(s) Wylie, Byron, Davis,
7	7	Harshman, Jarvis, Larsen, L, Larson, JT,
8	8	Locke and Nicholas and Senator(s) Case
9	9	A BILL
10	10	for
11	11	1 AN ACT relating to taxation and revenue; imposing an excise
12	12	2 tax on the production of electricity; providing credits for
13	13	3 other taxes paid; providing for administration and
14	14	4 rulemaking authority; providing penalties; providing for
15	15	5 distribution of the tax; creating an account; providing an
16	16	6 exemption for sales tax on electricity sales; making
17	17	7 conforming amendments; and providing for effective dates.
18	18	8
19	19	9
20	20	10
21	21	11W.S. 39-24-101 through 39-24-111 are
22	22	12 created to read:
23	23	13
24	24	14 CHAPTER 24
25	25	15 TAX ON ELECTRICAL GENERATION 2025STATE OF WYOMING25LSO-05612HB0300
26	26	1
27	27	2
28	28	3
29	29	4 There are no specific applicable provisions for definitions
30	30	5 for this chapter.
31	31	6
32	32	7
33	33	8
34	34	9 The department of revenue shall enforce this chapter. The
35	35	10 department shall promulgate rules necessary for the
36	36	11 implementation and enforcement of this chapter.
37	37	12
38	38	13
39	39	14
40	40	15 There is levied an excise tax upon the privilege of
41	41	16 producing and selling electricity in this state. The tax
42	42	17 shall be imposed upon the sale of any electricity produced
43	43	18 in Wyoming on or after January 1, 2026, and shall be paid
44	44	19 by the person producing the electricity. The tax shall be
45	45	20 imposed on the annual gross energy earnings from energy
46	46	21 produced in Wyoming.
47	47	22
48	48	23 2025STATE OF WYOMING25LSO-05613HB0300
49	49	1
50	50	2 The tax rate shall be three and one-half percent (3.5%) of
51	51	3 the annual gross energy earnings from energy produced in
52	52	4 this state.
53	53	5
54	54	6
55	55	7
56	56	8 (a) No tax shall be imposed upon electricity that is
57	57	9 produced from any generating facility owned or operated by
58	58	10 the federal government or the state of Wyoming.
59	59	11
60	60	12 (b) No tax shall be imposed upon electricity that is
61	61	13 produced for the personal consumption of the producer,
62	62	14 including any excess production of electricity that does
63	63	15 not exceed five hundred (500) kilowatt hours in any
64	64	16 twenty-four (24) hour period.
65	65	17
66	66	18
67	67	19
68	68	20 There are no specific applicable provisions for licenses
69	69	21 and permits for this chapter.
70	70	22
71	71	23 2025STATE OF WYOMING25LSO-05614HB0300
72	72	1
73	73	2 (a) Returns and reports. Any person producing
74	74	3 electricity for sale within this state that is subject to
75	75	4 the tax imposed by this chapter shall report:
76	76	5
77	77	6 (i) The annual gross energy earnings from energy
78	78	7 produced in Wyoming on or before February 1 of the year
79	79	8 immediately following the year in which the electricity was
80	80	9 produced;
81	81	10
82	82	11 (ii) Sales of electricity in Wyoming that are or
83	83	12 could be subject to sales or use tax under W.S. 39-15-103
84	84	13 or 39-16-103, regardless of any exemption that may apply to
85	85	14 sales of electricity. Sales of electricity shall be
86	86	15 reported by jurisdiction as required by rule of the
87	87	16 department.
88	88	17
89	89	18 (b) Payment. Any person owing a tax under this
90	90	19 chapter shall pay the tax one (1) time each year on or
91	91	20 before February 1 of the year immediately following the
92	92	21 year in which the electricity was produced. The tax shall
93	93	22 be collected by the department of revenue.
94	94	23 2025STATE OF WYOMING25LSO-05615HB03001 (c) Timelines. There are no specific applicable
95	95	2 provisions for timelines for this chapter.
96	96	3
97	97	4
98	98	5
99	99	6 (a) Audits. There are no specific applicable
100	100	7 provisions for audits for this chapter.
101	101	8
102	102	9 (b) Interest. Interest at an annual rate equal to
103	103	10 the average prime interest as determined by the state
104	104	11 treasurer during the preceding fiscal year, plus four
105	105	12 percent (4%), shall be added to all delinquent taxes under
106	106	13 this chapter. To determine the average prime interest rate,
107	107	14 the state treasurer shall average the prime interest rate
108	108	15 for at least seventy-five percent (75%) of the thirty (30)
109	109	16 largest banks in the United States. The interest rate on
110	110	17 delinquent taxes shall be adjusted on January 1 of each
111	111	18 year following the year in which the taxes first became
112	112	19 delinquent. In no instance shall the delinquent interest
113	113	20 rate be less than twelve percent (12%) nor greater than
114	114	21 eighteen percent (18%).
115	115	22
116	116	23 (c) Penalties. The following shall apply: 2025STATE OF WYOMING25LSO-05616HB03001
117	117	2 (i) If any person fails to make or file a return
118	118	3 and remit the tax as required by W.S. 39-24-107, the
119	119	4 department shall impose a penalty of five percent (5%) of
120	120	5 the taxes due for each thirty (30) day period, or a
121	121	6 fraction thereof, elapsing between the due date of the
122	122	7 return and the date filed, unless the person for good cause
123	123	8 obtains from the department an extension of time for filing
124	124	9 before the due date for filing. In the event of an
125	125	10 extension, the person shall pay the interest due on
126	126	11 delinquent payments set forth in subsection (b) of this
127	127	12 section. In no event shall the total penalty imposed by
128	128	13 this paragraph exceed twenty-five percent (25%) of the tax
129	129	14 due. The department, for good cause, may waive a penalty
130	130	15 imposed for failure to file a return for any one (1)
131	131	16 calendar year, provided that:
132	132	17
133	133	18 (A) The return was filed within five (5)
134	134	19 business days following the due date, including a due date
135	135	20 determined by an approved extension period; and
136	136	21 2025STATE OF WYOMING25LSO-05617HB03001 (B) The taxpayer requests the waiver in
137	137	2 writing within fifteen (15) days after the return was
138	138	3 filed, setting forth the reasons for the late filing.
139	139	4
140	140	5 (ii) If any part of a tax deficiency is due to
141	141	6 the negligence or intentional disregard of this chapter or
142	142	7 department rules there shall be added a penalty of five
143	143	8 percent (5%) of the amount of the deficiency plus interest
144	144	9 as provided by subsection (b) of this section. The taxes,
145	145	10 penalty and interest shall be paid by the taxpayer within
146	146	11 ten (10) days after receipt of notice and demand by the
147	147	12 department;
148	148	13
149	149	14 (iii) Taxes, interest, penalties and costs shall
150	150	15 be collectible by the department by appropriate judicial
151	151	16 proceedings;
152	152	17
153	153	18 (iv) The department may credit or waive
154	154	19 penalties imposed by this subsection as part of a
155	155	20 settlement or for any other good cause.
156	156	21
157	157	22 (d) Liens. Any delinquent tax is a lien upon the
158	158	23 property of any person owing tax under this chapter from 2025STATE OF WYOMING25LSO-05618HB0300
159	159	1 and after the time the tax is due until the tax is paid.
160	160	2 The tax lien shall have preference over all liens except
161	161	3 any valid mortgage or other liens of record filed or
162	162	4 recorded before the date the tax became due.
163	163	5
164	164	6 (e) Tax sales. There are no specific applicable
165	165	7 provisions for tax sales for this chapter.
166	166	8
167	167	9
168	168	10
169	169	11 (a) Credits. The following shall apply:
170	170	12
171	171	13 (i) Each taxpayer is entitled to a credit
172	172	14 against tax liability under this chapter for all excise,
173	173	15 sales, use, severance and ad valorem taxes paid in the tax
174	174	16 year by the same taxpayer to any taxing authority in
175	175	17 Wyoming. If the taxpayer produces electricity in this state
176	176	18 used in the production process of any mineral that is taxed
177	177	19 under the provisions of chapter 14 of this title, the
178	178	20 person producing the electricity shall be entitled to a
179	179	21 credit equal to the amount of the severance tax paid on the
180	180	22 minerals consumed in the production of the electricity;
181	181	23 2025STATE OF WYOMING25LSO-05619HB03001 (ii) To qualify for a credit under this
182	182	2 subsection for severance taxes paid by another person, the
183	183	3 person producing the electricity shall provide
184	184	4 documentation that adequately demonstrates, as determined
185	185	5 by department rules, the amount of taxes paid on the
186	186	6 minerals that were consumed in the production of the
187	187	7 electricity. The taxpayer shall report the credit to the
188	188	8 department on the return filed under W.S. 39-24-107;
189	189	9
190	190	10 (iii) In no case shall any refund be due or
191	191	11 payable if the amount of any credit claimed under this
192	192	12 section exceeds the amount of tax due under this chapter.
193	193	13
194	194	14
195	195	15
196	196	16 There are no specific applicable provisions for a statute
197	197	17 of limitations for this chapter.
198	198	18
199	199	19
200	200	20
201	201	21 The electrical generation account is created. The proceeds
202	202	22 from the tax imposed by this chapter shall be deposited in
203	203	23 the account. All funds within the account shall be invested 2025STATE OF WYOMING25LSO-056110HB0300
204	204	1 by the state treasurer in accordance with law and all
205	205	2 investment earnings from the account shall be credited to
206	206	3 the account. It is the intent of the legislature that a
207	207	4 portion of the funds in the account be used to provide
208	208	5 payments to local governments for sales taxes that would
209	209	6 have been collected if sales of electricity reported under
210	210	7 W.S. 39-24-107(a)(ii) were subject to sales tax. Funds
211	211	8 within the account shall only be expended by legislative
212	212	9 appropriation.
213	213	10
214	214	11
215	215	12 39-15-103(a)(i)(E) and 39-15-105(a)(v) by creating a new
216	216	13 subparagraph (E) are amended to read:
217	217	14
218	218	15
219	219	16
220	220	17 (a) As used in this act unless otherwise specifically
221	221	18 provided:
222	222	19
223	223	20 (xviii) "This act" means W.S. 39-11-101 through
224	224	2139-24-111.
225	225	22
226	226	23 2025STATE OF WYOMING25LSO-056111HB0300
227	227	1
228	228	2 (a) Taxable event. The following shall apply:
229	229	3
230	230	4 (i) Except as provided by W.S. 39-15-105, there
231	231	5 is levied an excise tax upon:
232	232	6
233	233	7 (E) Except to the extent exempt under W.S.
234	234	8he sales price paid to public
235	235	9 utilities as defined in W.S. 37-1-101 through 37-3-114 and
236	236	10 to persons furnishing gas, electricity or heat for
237	237	11 domestic, industrial or commercial consumption;
238	238	12
239	239	13
240	240	14
241	241	15 (a) The following sales or leases are exempt from the
242	242	16 excise tax imposed by this article:
243	243	17
244	244	18 (v) For the purpose of exempting sales of
245	245	19 services and tangible personal property which are
246	246	20 alternatively taxed, the following are exempt:
247	247	21
248	248	22
249	249	23 2025STATE OF WYOMING25LSO-056112HB0300
250	250	1
251	251	2
252	252	3 rules necessary to implement this act not later than July
253	253	4 1, 2025.
254	254	5
255	255	6
256	256	7
257	257	8 (a) Except as provided in subsection (b) of this
258	258	9 section, this act is effective immediately upon completion
259	259	10 of all acts necessary for a bill to become law as provided
260	260	11 by Article 4, Section 8 of the Wyoming Constitution.
261	261	12
262	262	13 (b) Section 1 of this act is effective July 1, 2025.
263	263	14
264	264	15 (END)