Claim with missed maintenance fee / waiver

[OwenT]

There's a claim I've had my eye on for a little while. I noticed that no maintenance fee was paid nor small miner waiver requested this year. At least that's what it shows on the current MLRS report. I just want to make sure I'm not missing something before I go try to file for it myself. I've read there is like a 30 day grace period after missing 9/1 to pay again or something so I'd at least wait until October. I know the BLM is slow to update the status from active to closed, but are records of paid fees and waivers updated more quickly?

I have talked with the individual who owned the claim about it before on friendly terms. It was about 2 years ago and he kind of offered to sell it to me, but it was too much for me. He also has 2 other claims in the area that both show the fees as paid this year, which makes it seem like he didn't just forget to pay this year. I am trying to decide how to go about this. Since I've talked to him before, albeit briefly, I feel like just quietly picking up the claim, while legal, is a little underhanded. If I ask him about it, I may risk losing my chance at getting the claim, but on the other hand, he may tell me he let it go intentionally and I'm welcome to it.

 

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[Goldwasher]

After reading the CFR, looks like you're right. In the section about plans of operations and the casual use definition, it only distinguishes between "hand tools" and mechanized earth-moving equipment as well as truck-mounted equipment. The question then is just whether or not my disturbance is negligible.

The BLM geologist also told me in order to sell any of the material I mine, I would need a plan of operations, however, I can't find anything in the law to back that up.

the only thing you need to be able to sell locatable minerals from the mineral estate is a mining claim.

you have that already

 

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[KevinInColorado]

A POO needed to sell material? Sounds absurd, I’ve never herd that before. Anyone “sampling” on their valid claim can sell from what I’ve been told. I certainly do And I don’t have a POO.

PS And yes, I pay taxes on my mining earnings. Revenue was about $1,200 this year so not a big deal but I’m just sampling the claim at this point.

 

[Vance in AK]

And since you pay taxes on what you sell you can take deductions for what you invest like tools & fuel correct Kevin?

 

[Goldwasher]

And since you pay taxes on what you sell you can take deductions for what you invest like tools & fuel correct Kevin?

if you don't show a profit it is a hobby.. its pretty easy to just lump sells of gold in with your overall income and just be done with it. takes a lot of dirt running and equipment to justify deductions...and at that point you would do it as a seperate BIZ.. Basing your tax payment on the "revenue" doesn't make sense.