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Oil & Gas Severance Tax & Post-Production Deductions by State

Two numbers that quietly shrink a royalty check — the state severance tax and the post-production costs an operator can deduct before paying you. This first-party dataset puts both side by side for the major U.S. producing states, with the leading court decision behind each state's deduction rule.

Data as of June 29, 2026 · CSV · JSON · License CC BY 4.0

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TL;DR State-by-state oil & gas severance/production tax rates plus the post-production deduction rule each state follows — at-the-well vs. marketable-product — with the leading court case. First-party reference dataset with CSV/JSON exports, CC BY 4.0.

Your gross royalty is rarely what lands in your account. Two deductions come first: the state severance (production) tax, and post-production costs — gathering, compression, processing, dehydration, and transportation the operator may net out before calculating royalty. Whether those post-production costs can be deducted at all depends on which legal rule your state follows. This table compiles both, by state.

The two deduction rules in plain English

At-the-well states let operators deduct post-production costs from royalty unless your lease says otherwise — so lease language is everything. Marketable-product states make the operator bear the cost of getting the product to a marketable condition first, which limits what can be deducted. A few states are unsettled / lease-dependent, where the lease wording controls.

Severance tax & deduction rules by state

Severance rates are simplified headline statutory rates — they exclude stripper/low-volume exemptions, new-well incentives, conservation fees, and local ad valorem (property) tax. The deduction column is a general summary of the leading doctrine, not legal advice.

State Severance / production tax Post-production rule Leading authority
Texas (TX) Oil 4.6%, gas 7.5% of market value At-the-well Heritage Resources v. NationsBank (Tex. 1996)
Oklahoma (OK) 7% gross production tax (5% first 36 months on new wells) Marketable-product Mittelstaedt v. Santa Fe Minerals (Okla. 1998)
New Mexico (NM) ≈7–8% combined (severance 3.75% + school + conservation) Lease-dependent / unsettled
North Dakota (ND) Oil ≈10% (5% production + 5% extraction); gas volumetric Marketable-product Bice v. Petro-Hunt (N.D. 2009)
Colorado (CO) Graduated 2–5% of gross income (ad valorem credit) Marketable-product Rogers v. Westerman Farm (Colo. 2001)
Wyoming (WY) 6% (oil & gas) plus local ad valorem Marketable-product Follows first-marketable-product rule
Kansas (KS) 8% of gross value, less exemptions (+0.182% conservation) Marketable-product (modified) Fawcett v. Oil Producers (Kan. 2015)
Louisiana (LA) Oil 12.5% of value; gas annually-adjusted volumetric Marketable-leaning Reasonable, proportionate costs only
Montana (MT) ≈9% production tax (reduced first 12–18 months on new wells) Lease-dependent / unsettled
Utah (UT) 3% to $13/bbl, 5% above (+0.2% conservation) Lease-dependent
Arkansas (AR) 5% of market value (reduced for new/high-cost gas) Marketable-leaning Hanna Oil & Gas v. Taylor (Ark. 1986)
Mississippi (MS) 6% of value Marketable-product Piney Woods Country Life School v. Shell (5th Cir. 1984)
West Virginia (WV) 5% of gross value Marketable-product (strict) Estate of Tawney v. Columbia Natural Resources (W. Va. 2006)
Ohio (OH) Volumetric (~$0.10/bbl oil, ~$0.025/Mcf gas) At-the-well Lutz v. Chesapeake Appalachia (Ohio 2016)
Pennsylvania (PA) No severance tax (per-well unconventional impact fee) At-the-well Kilmer v. Elexco Land Services (Pa. 2010)
Kentucky (KY) 4.5% of market value At-the-well Generally at-the-well
Michigan (MI) Oil 6.6% (4% stripper), gas 5% At-the-well Schroeder v. Terra Energy (Mich. App. 1997)
Illinois (IL) No oil & gas severance tax Lease-dependent
Alabama (AL) 6–8% production privilege tax (varies by well) Lease-dependent
Nebraska (NE) 3% of value (2% stripper) +0.03% conservation Lease-dependent
Indiana (IN) Greater of 1% of value or volumetric minimum Lease-dependent
Tennessee (TN) 3% of sale price Lease-dependent
California (CA) No severance tax (per-unit regulatory assessment) At-the-well (lease-dependent)
Alaska (AK) Net-profits production tax (~35% of net value) Net-based regime

Why this matters when you sell

Post-production deductions can dwarf severance tax. In an at-the-well state, gathering and processing deductions can take a double-digit percentage off gross gas royalty — often more than the severance tax itself — depending entirely on your lease.

Your lease can override the default rule. Even in an at-the-well state, a strong "no deductions" or "cost-free royalty" clause can protect you; even in a marketable-product state, lease language can permit some downstream deductions. Read the royalty clause.

It changes what a buyer underwrites. When we value an interest, the deduction regime and your specific lease are part of the math — which is why two interests with the same gross production can be worth different amounts.

Methodology & sources

Severance/production tax figures are compiled from published state tax statutes and agency rate schedules; they are simplified headline rates and exclude exemptions, incentives, conservation fees, and local ad valorem tax. The post-production column summarizes the leading reported appellate decision in each state (e.g., Heritage Resources in Texas, Rogers v. Westerman Farm in Colorado, Estate of Tawney in West Virginia, Piney Woods for Mississippi). It is a general, simplified summary, not tax or legal advice — rates and case law change, and your own lease can change the result. Verify current rates with the state agency and consult a qualified attorney or CPA. When citing, attribute "Buckhead Energy" and include the as-of date (June 29, 2026).

Machine-readable exports: CSV and JSON, published under a Creative Commons Attribution 4.0 license.

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Related

This page is educational and is not tax or legal advice. Severance tax rates and post-production case law change and are simplified here; verify current rates with the state agency and consult a qualified attorney or CPA for your specific lease and situation.