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Tax Benefits.

Oil:  Investment Tax Breaks

The U.S. government has done much to ease the tax burden for those trying to save for retirement.  Several major pieces of legislation are geared toward creating tax incentives for workers to just start saving for retirement.  Even the capital gains tax rules have been overhauled, allowing for cheaper disposal of appreciated assets. But when it comes to tax-advantaged investments for wealthy or sophisticated investors, one investment class continues to stand above all others:  oil.  With the backing of the U.S. government, domestic energy production has created a litany of tax incentives for both investors and small producers.
There are several major tax benefits available for oil and as investors that are found nowhere else in the tax code.  Read on as we cover the benefits of these investments, and how you can use them to fire up your portfolio.

The main benefits of investing in oil include:

•    Intangible Drilling Costs:  These costs include everything but the actual drilling equipment.  Labor, chemicals, mud, grease and other miscellaneous items necessary for drilling are considered intangible.  These expenses generally constitute approximately 80% of the total cost of drilling a well and are 100% deductible in the year incurred.  For example, if it costs $900,000 to drill a well, and if it was determined that 80% of that cost would be considered intangible, the investor would receive a current deduction of $720,000.  Furthermore, it doesn’t matter whether the well actually produces or even strikes oil.  As long as it starts to operate by March 31 of the following year, the deductions will be allowed.
•    Tangible Drilling Costs:  Tangible Costs pertain to the actual direct cost of the drilling equipment.  These expenses are also 100% deductible, but must be depreciated over seven years.  Therefore, in the example above, the remaining $180,000 could be written off according to a seven-year schedule or accelerated as allowed under sec. 179.
•    Active vs. Passive Income:  The tax code specifies that a working interest (as opposed to a royalty interest) in an oil and gas well is not considered to be a passive activity.  This means that all net losses are active income incurred in conjunction with wee-head production and can be offset against other forms of income, such as wages, interest, capital gains, etc.
•    Small Producer Tax Exemptions:  This is perhaps the most enticing tax break for small producers and investors.  This incentive, which is commonly known as the “depletion allowance”, excludes from taxation 15% of all gross income from oil and gas wells.  This special advantage is limited solely to small companies and investors.  Any company that produces or refines more than 50,000 barrels of oil per day is ineligible.  Entities that own more than 1,000 barrels of oil per day, or 6 million cubic feet of gas per day, are excluded as well.
•    Lease Costs:  These include the purchase of lease and mineral rights, lease operating costs, and all administrative, legal and accounting expenses.  These expenses are 100% deductible in the year they are incurred.
•    Alternative Minimum Tax:  All excess intangible drilling costs have been specifically exempted as a “preference item” on the alternative minimum tax return.

Developing Energy Infrastructure

This list of tax breaks effectively illustrates how serious the U.S. government is about developing the domestic energy infrastructure.  Perhaps most telling is the fact that there are no income or net worth limitations of any kind for any of them other than what is listed above (i.e. the small producer limit.)  Therefore, even the wealthiest investors could invest directly in oil and gas and receive all of the benefits listed above as long as they limit their ownership to 1,000 barrels of oil per day.  No other investment category in American can compete with the smorgasbord of tax breaks that are available to the oil and gas industry.

Investment Options in Oil and Gas

There are several different avenues available for oil and gas investors.  These can be broken down into four major categories:  mutual funds, partnerships, royalty interests and working interests.  Each has a different level of risk and separate rules for taxation.
•    Mutual Funds:  While this method of investment contains the least amount of risk for the investor, it does not provide any of the tax benefits listed above.  Investors will pay tax on all dividends and capital gains, just as they would with other funds.
•    Partnerships:  There are several forms of partnerships that can be used for oil and gas investments.  Limited partnerships are the most common, as they limit the liability of the entire producing project to the amount of the partner’s investment.  These are sold as securities and must be registered with the Securities and Exchange Commission (SEC).  The tax incentives listed above are available on a pass-through basis.  The partner will receive a Form K-1 form each year detailing his or her share of the revenue and expenses.
•    Royalties:  This is the compensation received by those who own the land where oil and gas wells are drilled.  This income comes “off the top” of the gross revenue generated from the wells.  Landowners typically receive anywhere from 12-20% of the gross production.  (Obviously, owning land that contains oil and gas reserves can be extremely profitable.)  Furthermore, landowners assume no liability of any kind relating to the leases or wells.  However, landowners also are not eligible for any of the tax benefits enjoyed by those who own working interests or partnership interests.  All royalty income is reportable on Schedule E of the Form 1040.
•    Working Interests:  All income received in this form is reportable on Schedule C of the 1040.  Although it is considered self-employment income and is subject to self-employment tax, most investors who participate in this capacity already have incomes that exceed the taxable wage base for Social Security.  Working interests are not considered to be securities and therefore require no license to sell.  This type of arrangement is similar to a general partnership in that each participant has unlimited liability.  Working interest can quite often be bought and sold by a gentleman’s agreement.

Net Revenue Interest (NRI)

For any given project, regardless of how the income is ultimately distributed to the investors, production is broken down into gross and net revenue.  Gross revenue is simply the number of barrels of oil or cubic feet of gas per day that are produced, while net revenue subtracts both the royalties paid to the landowners and the severance tax on minerals that is assessed by most state.  This tax generally ranges from 2-8%.  The value of a royalty or working interest in a project is generally quantified as a multiple of the number of barrels of oil or cubic feet of gas produced each day.  For example, if a project is producing 10 barrels of oil per day and the going market rate is $70,000 per barrel (this number varies constantly according to a variety of factors), then the wholesale cost of the project will be $700,000.
Now assume that the price of oil is $80 a barrel, severance taxes are 4.6% and the net revenue interest (the working interest percentage received after royalties have been paid) is 75%.  The wells are currently pumping out 10 barrels of oil per day, which come to $800 per day of gross production.   Multiply this by 30 days (the number usually used to compute monthly production), and the project is posting gross revenue of $24,000 per month.  Then, to compute net revenue, we subtract 25% of $24,000, which brings us to $18,000.
Then the severance tax is paid, which will be 4.6% of $18,000.  (Landowners must pay this tax on their royalty income as well.)  This brings the net revenue to about $17,172 per month, or about $206,000 per year.  But all operating expenses plus any additional drilling costs must be paid out of this income as well.  As a result, the project owner may only receive $191,664 in income from the project per year, assuming n new wells are drilled.  Of course, if new wells are drilled, they will provide a substantial tax deduction plus (hopefully) additional production for the project.

Conclusion

From a tax perspective, oil and gas investments have never looked better.  Of course, they are not suitable for everyone, as drilling for oil and gas can be a risky proposition.  Therefore, the SEC requires that the investors for many oil and gas partnerships be accredited, which means that they meet certain income and net worth requirements.  But for those who qualify, participation in an independent oil and gas project can give the just what they’re looking for.

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