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Guide · Royalty owners

How to read a New Mexico royalty check stub

A remittance statement is the same arithmetic on every operator's paper, dressed up in different columns. Once you can see the pattern you can check a New Mexico stub in a minute — and you will notice the month a well was left off or a deduction quietly doubled.

The five numbers that matter

Volume and price. Barrels (oil) or mcf (gas) sold for the production month, and the price per unit. Multiply them and you have gross value for the well.

Your decimal interest. A number like 0.00234375, printed once per property. It is your fraction of the minerals × your royalty rate × the tract's share of the spacing unit. If the decimal changes without a letter explaining why, ask.

Taxes. New Mexico stacks several production taxes on oil and gas — the severance tax, the oil and gas emergency school tax, the conservation tax and the ad valorem production tax — which together commonly take around 8–9% of gross value off a royalty owner's share before deductions. They usually appear as separate lines on a stub. They are withheld from royalty owners in proportion to their interest and should be applied to gross value, not net.

Deductions. Gathering, compression, processing, transportation and marketing. Whether these can be charged against your royalty depends on your lease language and the type of interest you hold, so read the lease before you accept them.

Net. Gross − taxes − deductions, times your decimal (or the decimal applied first — operators differ), summed over every well on the stub. It must equal the check.

What to check each month

Timing, under New Mexico law

New Mexico's Oil and Gas Proceeds Payment Act requires the first payment within six months of the first sale and later payments within a set number of days after the month of sale, with interest on late payments. It applies to fee and state royalties; federal royalties flow through the operator to ONRR under federal rules (the Oil and Gas Proceeds Payment Act, NMSA 1978 §§ 70-10-1 to 70-10-6). If a check is months overdue, a letter citing the statute usually gets a reply.

Keep a ledger

A spreadsheet with one row per stub line — well, month, volume, price, gross, tax, deductions, net — is the single best tool a royalty owner has. It makes 1099 season trivial, shows decline at a glance, and turns "the check seems small" into "well X paid 40% less than last month at the same price." If you are paid in more than one state, keep one ledger and tag each line with its state: the taxes differ, and so do the 1099 state-withholding boxes.

Common questions

Why did I get a 1099 that doesn't match my checks?

The 1099-MISC reports gross royalty before taxes and deductions, and it is by check date rather than production month. Reconciling it needs the year's stubs added up line by line.

Can the operator deduct transportation and processing from my royalty in New Mexico?

It depends on the lease and on how the state's courts have read the royalty clause. Read the royalty clause and, if it is silent or ambiguous, get advice before signing a division order that ratifies the deductions.

What is a division order?

A statement from the operator of the decimal interest it believes you own in a well or unit. Signing it confirms the decimal for payment purposes; it does not change your title. Check the arithmetic against your fraction, royalty rate and tract acreage before you sign.

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