Depletion Allowance

Depletion Allowance

A tax deduction authorized by federal law for the exhaustion of oil and gas wells, mines, timber, mineral deposits or reserves, and other natural deposits.

Frequently, the ownership of such resources is split so that the depletion deduction is allotted among the various owners. Rights to royalty payments, leases, and subleases are not the same as ownership but the holders of such rights may be entitled to depletion deductions under the theory of "economic interest" formulated by the courts to ascertain the right to depletion allowances. Such economic interest, which signifies an investment interest in the minerals that furnish the sole resource for recouping the investment, is usually determined by the parties according to the provisions of their contract.

The cost method and the percentage, or statutory, method represent the two ways of calculating the Depletion Allowance.

Cost depletion, like depreciation, bases the allowance on the original cost of the income-generating property. For example, a taxpayer who purchases rights to extricate oil for $2 million should be permitted to regain the capital tax-free when he or she extracts and markets the oil. The earnings from the depletable property should be viewed as encompassing a return of the taxpayer's capital investment. A proportionate segment of such receipts each year should be exempt from taxation as income. When oil is viewed as a "wasting asset," cost depletion permits yearly deductions for the receipt of $2 million tax-free over the duration of the pumping operations. The tax law permits the taxpayer to divide the cost of the investment by the estimated total of recoverable units in the natural deposit. This cost per unit is subsequently multiplied by the number of units sold annually, which results in the depletion deduction permitted for that year.

The percentage, or statutory, method does not employ recovery of cost in the computation of the deduction. A percentage of annual income, rather than cost, is deductible each year, even if the owner has recovered all cost or discovery value of the depletable asset. The federal tax laws vary from year to year in regard to the percentage depletion allowable for oil and some other deposits, and the categories of producers entitled to such allowances.

Percentage depletion, which applies to other mineral deposits or energy sources such as geothermal steam, provides an extremely profitable allowance as an alternative to cost depletion. The taxpayer calculates a fixed percentage of his or her gross income and deducts that amount from gross income annually for as long as the property generates income, even after he or she has completely recovered the actual cost. Some taxpayers employ cost depletion at the outset of operations, when a large number of units of the deposit are extracted and sold, and then convert to percentage depletion upon recoupment of cost in other circumstances—when percentage depletion yields a more sizable deduction.

Percentage depletion furnishes an additional tax subsidy to detection, development, and dissipation of qualified reserves. The subsidy approach began during World War I to induce exploration for minerals. Cost depletion had been expanded to permit discovery value rather than cost to serve as the gauge of tax-exempt recovery. A problem in estimating the quantity of depletable units prior to extraction existed, however, and percentage depletion was enacted in 1924 as the solution. This method was subsequently extended to include additional minerals and other deposits and to raise rates of depletion in some instances. It was eventually diminished due to excessive profits and tax benefits obtained by some companies. Only depletion, rather than percentage depletion, may be used for gas, water, soil, timber, and oil.

For percentage depletion, gross income must be restricted to income from extracting and selling the deposit, not from refining, processing, or manufacturing it.

The option to deduct present exploration and development expenditures rather than capitalizing them represents an additional tax advantage for the industries entitled to depletion allowances. A more substantial tax benefit ensues if such expenses are deducted immediately, since they would never be recovered through the application of percentage depletion, which is based on gross income and not the cost of the capital invested in the enterprise.


Income Tax; Mine and Mineral Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Stowers, an attorney and certified public accountant, who is also executive director of the Coalition of Oklahoma Surface and Mineral Owners, said large companies generally use a cost depletion allowance, which is more complicated for small royalty owners to calculate.<br />Stowers addressed several hundred royalty owners on Thursday as part of OK NARO's annual three-day convention, held this year at the Skirvin Hilton Hotel.
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.
It's a sure bet that oil companies never fail to claim the oil depletion allowance when they qualify, and that hedge fund managers take full advantage of the tax break that allows their incomes to be taxed at the lower capital gains rate.
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.
* The Depletion Allowance: When you sunk a well 90 years ago, you didn't know how much it would yield or for how long.
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.”
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.
Have you ever heard the term "depletion allowance"?
It's 7 times less costly than the "percentage depletion allowance," one of many tax breaks bestowed upon the oil industry, which continues to report enormous profits.
AWEA contrasts the credit, with the oil depletion allowance and other the breaks fossil fuels have enjoyed without interruption for decades.