In Chief Counsel Advice (CCA) 201235010, the IRS determined that the intangible drilling cost
preference exception may not be used in tax years when the taxpayer has negative alternative minimum taxable income (AMTI).
He further stated, “Most of our drilling programs have benefited up to an 80-90% Intangible Drilling Cost
Write Offs (IDCs) in the first year, along with the IRS Depletion Allowance of 15% gross income tax free.
Only a portion of the intangible drilling cost
is considered a preference item.
Would deny the Big 5 oil companies the option of expensing Intangible Drilling Costs
(IDCs) and require such costs be capitalized.
Incentives include: tax exemptions; a duty-free import allowance for materials not available in Turkey; depreciation on fixed assets; exemption from VAT, limited to purchase of goods and services for exploration; a depletion allowance, though restricted to capitalised exploration costs, intangible drilling costs
, and costs of dry-holes; the possibility of creating and/or transferring rights in licences and leases, similar to those applied in real property; the right to export 35% of onshore, and 45% of offshore oil production from fields found after January 1980; and deduction of some exploration costs from annual licence rentals.
Other industry priorities include lifting the federal ban on oil exports, expediting permitting for LNG facilities, and maintaining federal tax policies that have been used effectively to encourage domestic production for over 100 years, including intangible drilling costs
(IDCs) and depletion allowance.
For areas other than the North Slope, the credits include: 30 percent or 40 percent exploration credits; 20 percent credits for capital expenditures; 40 percent credits for intangible drilling costs
, as defined by the federal tax rules, and seismic projects within the boundaries of a production or an exploration unit; and a 25 percent carried-forward annual loss credit.
Again, if you mean standard industry tax breaks such as expensing of intangible drilling costs
, expanded amortization for G&G costs, repealing the percentage depletion allowance benefit, pure-play E&P independents rely on them more heavily than integrated firms such as the majors or hybrid midstream/ upstream firms.
And so it goes with each piece of the puzzle that constitutes so-called oil industry subsidies - from the Section 617 deduction for Intangible Drilling Costs
to foreign tax credits, refinery expensing options, and geological amortization subsidies.
Analysts say it is still not clear if companies can expense their intangible drilling costs
, which could affect their cash flow depending on any legislative changes.
Oil and gas companies have several tax provisions -- such as the well depletion allowance and expensing of intangible drilling costs
-- that they have defended for many years.
Intangible drilling costs
have been around since 1913, when the U.