Section 43.20.046. Gas storage facility tax credit.

   (a) A person that is an owner of a gas storage facility described in (b) of this section that commences commercial operation after December 31, 2010, and before January 1, 2016, may apply a refundable credit against a tax liability that may be imposed on the person under this chapter for the taxable year in which the gas storage facility commences commercial operation. The tax credit under this section shall be an amount equal to $1.50 for each 1,000 cubic feet of working gas storage capacity that is certified under AS 31.05.032 less any amount of credit received under this section taken in earlier tax years for that capacity. The total amount of the credit that may be received for a single gas storage facility under this section may not exceed the lesser of $15,000,000 or 25 percent of the costs incurred to establish the gas storage facility. The tax credit in this section is in addition to any other credit under this chapter for which the person is eligible.
   (b) A gas storage facility qualifying for the credit in this section
        (1) must have a working gas storage capacity of at least 500,000,000 cubic feet of gas other than cushion gas;
        (2) must have a minimum withdrawal capability of 10,000,000 cubic feet a day as certified by the Alaska Oil and Gas Conservation Commission under AS 31.05.032;
        (3) may not have been in operation as a gas storage facility before January 1, 2011;
        (4) must be regulated under AS 42.05 as a utility and be available to furnish the service of natural gas storage to the public for compensation; in this paragraph, "service of natural gas storage" has the meaning given in AS 42.05.990; and
        (5) if located on state land and leased or subject to a lease under AS 38.05.180, must be in compliance with the terms of the lease.
   (c) To claim the credit, the person shall submit to the department a copy of the certification of working gas storage capacity and withdrawal capability issued under AS 31.05.032, the date that the gas storage facility commenced commercial operation, and other information required by the department. A person applying the credit against a liability under this chapter shall claim the credit on the person's return.
   (d) A person entitled to a tax credit under this section that is greater than the person's tax liability under this chapter may request a refund in the amount of the unused portion of the tax credit.
   (e) [See delayed amendment note]. =ro Subject to the requirements in AS 43.55.028(j), the department may use available money in the oil and gas tax credit fund established in AS 43.55.028 to make the refund applied for under (d) of this section in whole or in part if the department finds that, after application of all available tax credits, the claimant's total tax liability under this chapter for the calendar year in which the claim is made is zero.
   (f) For the purpose of determining the amount of the credit under this section, the working gas storage capacity on which the credit is based shall be the capacity certified by the Alaska Oil and Gas Conservation Commission under AS 31.05.032.
   (g) A person may not receive a credit under this section for the acquisition of a gas storage facility for which a credit has been granted under this section.
   (h) If the gas storage facility for which a credit was received under this section ceases commercial operation during the nine calendar years immediately following the calendar year in which the gas storage facility commences commercial operation, the tax liability under this chapter of the person who claimed the credit shall be increased. The amount of the increase in tax liability
        (1) shall be determined and assessed for the taxable year in which the gas storage facility ceases commercial operation, regardless of whether the gas storage facility subsequently resumes commercial operation; and
        (2) is equal to the total amount of the credit taken multiplied by a fraction, the numerator of which is the difference between 10 and the number of calendar years for which the gas storage facility was eligible for a tax credit under this section and the denominator of which is 10.
   (i) The issuance of a refund under this section does not limit the department's ability to later audit or adjust the claim if the department determines, as a result of the audit, that the person that claimed the credit was not entitled to the amount of the credit. The tax liability of the person receiving the credit under this chapter is increased by the amount of the credit that exceeds that to which the person was entitled. If the tax liability is increased under this subsection, the increase bears interest under AS 43.05.225 from the date the refund was issued.
   (j) A person claiming a tax credit under this section for a gas storage facility that ceases commercial operation within nine calendar years immediately following the calendar year in which the gas storage facility commences commercial operation shall notify the department in writing of the date the gas storage facility ceased commercial operation. The notice must be filed with the return for the taxable year in which the gas storage facility ceases commercial operation.
   (k) A refund under this section does not bear interest.
   (l) In this section, "ceases commercial operation," "commences commercial operation," "gas storage facility," and "working gas storage capacity" have the meanings given in AS 31.05.032.

Authorities

31.05.032;38.05.180;42.05.381;43.05.230;43.55.028

Notes

Recent Bills that will modify this

HB 247 TAX;CREDITS;INTEREST;REFUNDS;O & G
SB 130 TAX;CREDITS;INTEREST;REFUNDS;O & G

References

AS 31.05.032 Certification of gas storage capacity.
AS 38.05.180 Oil and gas and gas only leasing.
AS 42.05.381 Rates to be just and reasonable.
AS 43.05.230 Disclosure of tax returns and reports.
AS 43.55.028 Oil and gas tax credit fund established; cash purchases of tax credit certificates.

History

(Sec. 12 ch 16 SLA 2010; am Sec. 10 ch 4 4SSLA 2016)