Oil and Gas Tax Issues in the Tax Reform Act of 2014 and the President’s FY2015 Budget Proposal

Oil and Gas Tax Issues in the Tax Reform Act of 2014 and the President’s FY2015 Budget Proposal

July 17, 2014
Oil and Gas Tax Issues in the Tax Reform Act of 2014 and the
President’s FY2015 Budget Proposal
domestic manufacturers. The deduction is 9% for most
Overview and Current Law
industries, but limited to 6% for the oil and gas sector.
Energy-Specific Tax Expenditures. The Joint Committee
Last-In, First-Out (LIFO) Inventory Accounting Methods.
on Taxation (JCT) and the Department of the Treasury have
LIFO allows taxpayers to assume that the last item that
identified a number of “tax expenditure” provisions that
entered inventory is the first sold. A higher value of cost of
benefit the oil and gas sector.
goods sold reduces taxable income.
Percentage Depletion. Independent producers can recover
Other Tax Issues. In addition to being able to claim certain
costs using percentage depletion instead of cost depletion.
tax expenditures, the oil and gas sector is subject to special
The deduction is generally 15% of gross income, but can be
excise taxes. An 8-cent per barrel tax is currently used to
up to 25% for marginal wells. The deduction is subject to
finance the Oil Spill Liability Trust Fund (OSLTF). This
income and production limitations.
tax is set to increase to 9-cents per barrel after 2016, before
expiring at the end of 2017.
Expensing of Intangible Drilling Costs (IDCs). IDCs
include expenses on items without salvage value (e.g.,
Oil and gas companies that operate overseas would also be
wages, fuel, drilling site preparations). Integrated producers
affected by changes in U.S. taxation of multinational
must capitalize and amortize 30% of IDCs over a 5-year
corporations.
period, while non-integrated producers can fully expense
IDCs.
Proposed Reforms
Amortization of Geological and Geophysical (G&G)
The Tax Reform Act of 2014 (TRA14) and the President’s
Expenditures. Independent producers can recover G&G
FY2015 Budget both propose to repeal a number of oil and
expenditures over an accelerated 2-year period (major
gas related tax provisions, and would make other tax policy
integrated producers must use a 7-year amortization period
changes that would affect the industry (see Table 1).
to recover G&G costs).
A broad goal of tax reform is to eliminate various tax
Expensing of Tertiary Injectants. A deduction is allowed for
expenditures and modify other tax code provisions to
the cost of tertiary injectants.
generate revenues to allow for reduced tax rates. TRA14
and the President’s Budget would raise additional revenues
Credit for Production from Marginal Wells. A $3 per barrel
from the oil and gas sector. These revenues would offset the
or $0.50 per thousand cubic feet (Mcf) credit for oil and gas
cost of reduced statutory tax rates. Another goal of recent
produced from marginal wells. The credit is phased-out
tax reform proposals, including TRA14, is to better align
when oil and gas prices exceed certain thresholds (the credit
cost recovery for tax purposes with economic depreciation
has been phased out every year since being enacted).
to reduce economic distortions.
Credit for Enhanced Oil Recovery (EOR). A 15% credit for
The Tax Reform Act of 2014 and the President’s
eligible EOR costs. The credit is phased-out for oil prices
FY2015 Budget would eliminate various tax provisions
above a set threshold.
affecting the oil and gas sector in exchange for
statutory rate reduction.
Passive Loss Limitation Exception for Working Interests in
Oil and Gas. Exception to passive activity loss rules for
working interests in oil or gas property.
Several oil and gas tax provisions are related to cost
recovery. Both TRA14 and the President’s Budget would
Generally Available Tax Expenditures. The oil and gas
repeal percentage depletion, preventing taxpayers from
sector also benefits from a number of other tax provisions,
recovering more than was invested. Cost depletion, which
where benefits are not restricted to the oil and gas sector.
closer approximates economic depreciation, would be
While there are many of this type of provision, there are a
allowed. The President’s Budget would also repeal
couple that are of particular interest.
expensing of IDCs, expensing of tertiary injectants, and the
2-year amortization period for G&G expenditures. TRA14
Domestic Production Activities Deduction (Section 199).
would not change these cost recovery provisions.
Section 199 provides a deduction for income from domestic
production activities to reduce the effective tax rate for
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Oil and Gas Tax Issues in the Tax Reform Act of 2014 and the President’s FY2015 Budget Proposal
Table 1. Tax Reform Proposals Affecting the Oil and Gas Industry

Sources: The Tax Reform Act of 2014, the Joint Committee on Taxation, and Department of the Treasury.

Both TRA14 and the President’s Budget would repeal the
Before 1996, a 9.7-cents per barrel tax on oil was collected
credit for EOR and the credit for production from marginal
for the Hazardous Substance Superfund Trust Fund. The
wells. These credits are predicted to be phased-out given
President’s Budget proposes reinstating the Superfund
current oil price projections. Thus, repeal of these credits
excise tax on crude oil and imported petroleum products.
would not generate revenues in the budget window.
The President’s Budget also proposes to modify the rules
LIFO would be repealed in both TRA14 and the President’s
and regulations for “dual capacity taxpayers,” or taxpayers
Budget. Repealing LIFO for corporations could generate
that are subject to a foreign levy but also receive a specific
enough revenue to reduce the corporate tax rate by roughly
economic benefit from the foreign entity. The
0.3 percentage points. TRA14 also proposes repealing the
administration believes that, in certain cases, oil and gas
Section 199 deduction for all industries. Repealing the
companies may be claiming foreign tax credits for
Section 199 deduction for corporations could pay for
payments that are compensation for specific economic
approximately 0.7 percentage points in corporate tax rates.
benefits (e.g., access to natural resources). TRA14 would
(For estimates on rate reduction that could be paid for by
also change how multinational oil and gas companies are
eliminating certain tax provisions, see CRS Report
taxed, as part of a general shift towards a “territorial” tax
RL34229, Corporate Tax Reform: Issues for Congress, by
system. Part of this reform would include changes to the
Jane G. Gravelle). The President’s Budget would only
foreign tax credit system. TRA14, however, does not make
repeal Section 199 for fossil fuels (oil, gas, and coal),
changes that specifically target dual capacity taxpayers.
leaving the deduction in place for other industries.
Molly F. Sherlock, msherlock@crs.loc.gov, 7-7797
TRA14 and the President’s Budget would both extend the

IF00040
oil spill liability trust fund (OSLTF) excise tax beyond
2017. Both also propose modifying the definition of crude
oil to include other sources of crudes (e.g., oil from tar
sands). The President’s FY2015 Budget also proposes a 1-
cent increase in the tax.
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Document Outline

Overview and Current Law

Proposed Reforms