Section 43.55.024. Additional nontransferable tax credits.

   (a) For a calendar year for which a producer's tax liability under AS 43.55.011(e) on oil and gas produced from leases or properties outside the Cook Inlet sedimentary basin, no part of which is north of 68 degrees North latitude, exceeds zero before application of any credits under this chapter, a producer that is qualified under (e) of this section may apply a tax credit against that liability of not more than $6,000,000.
   (b) A producer may not take a tax credit under (a) of this section for any calendar year after the later of
        (1) 2016; or
        (2) the ninth calendar year after the calendar year during which the producer first has commercial oil or gas production before May 1, 2016, from at least one lease or property in the state outside the Cook Inlet sedimentary basin, no part of which is north of 68 degrees North latitude, if the producer did not have commercial oil or gas production from a lease or property in the state outside the Cook Inlet sedimentary basin, no part of which is north of 68 degrees North latitude, before April 1, 2006.
   (c) For a calendar year for which a producer's tax liability under AS 43.55.011(e) exceeds zero before application of any credits under this chapter, other than a credit under (a) of this section but after application of any credit under (a) of this section, a producer that is qualified under (e) of this section and whose average amount of oil and gas produced a day and taxable under AS 43.55.011(e) is less than 100,000 BTU equivalent barrels a day may apply a tax credit under this subsection against that liability. A producer whose average amount of oil and gas produced a day and taxable under AS 43.55.011(e) is
        (1) not more than 50,000 BTU equivalent barrels may apply a tax credit of not more than $12,000,000 for the calendar year;
        (2) more than 50,000 and less than 100,000 BTU equivalent barrels may apply a tax credit of not more than $12,000,000 multiplied by the following fraction for the calendar year:
 1 minus   [2 X (AP minus 50,000)  ] divide 100,000  
where AP = the average amount of oil and gas taxable under AS 43.55.011(e), produced a day during the calendar year in BTU equivalent barrels.
   (d) A producer may not take a tax credit under (c) of this section for any calendar year after the later of
        (1) 2016; or
        (2) if the producer did not have commercial oil or gas production from a lease or property in the state before April 1, 2006, the ninth calendar year after the calendar year during which the producer first has commercial oil or gas production before May 1, 2016, from at least one lease or property in the state.
   (e) On written application by a producer that includes any information the department may require, the department shall determine whether the producer qualifies for a calendar year under (a) and (c) of this section. To qualify under (a) and (c) of this section, a producer must demonstrate that its operation in the state or its ownership of an interest in a lease or property in the state as a distinct producer would not result in the division among multiple producer entities of any production tax liability under AS 43.55.011(e) that reasonably would be expected to be attributed to a single producer if the tax credit provisions of (a) or (c) of this section did not exist.
   (f) A tax credit authorized by (a) of this section may not be applied to reduce a producer's tax liability for any calendar year under AS 43.55.011(e) on oil and gas produced from leases or properties outside the Cook Inlet sedimentary basin, no part of which is north of 68 degrees North latitude, below zero.
   (g) A tax credit authorized by (c) of this section may not be applied to reduce a producer's tax liability for any calendar year under AS 43.55.011(e) below zero.
   (h) An unused tax credit or portion of a tax credit under this section is not transferable and may not be carried forward for use in a later calendar year.
   (i) [See delayed amendment note]. =ro A producer may apply against the producer's tax liability for the calendar year under AS 43.55.011(e) a tax credit of $5 for each barrel of oil taxable under AS 43.55.011(e) that receives a reduction in the gross value at the point of production under AS 43.55.160(f) or (g) and that is produced during a calendar year after December 31, 2013. A tax credit authorized by this subsection may not reduce a producer's tax liability for a calendar year under AS 43.55.011(e) below zero.
   (j) [See delayed amendment note]. =ro A producer may apply against the producer's tax liability for the calendar year under AS 43.55.011(e) a tax credit in the amount specified in this subsection for each barrel of oil taxable under AS 43.55.011(e) that does not receive a reduction in the gross value at the point of production under AS 43.55.160(f) or (g) and that is produced during a calendar year after December 31, 2013, from leases or properties north of 68 degrees North latitude. A tax credit under this subsection may not reduce a producer's tax liability for a calendar year under AS 43.55.011(e) below the amount calculated under AS 43.55.011(f). The amount of the tax credit for a barrel of taxable oil subject to this subsection produced during a month of the calendar year is
        (1) $8 for each barrel of taxable oil if the average gross value at the point of production for the month is less than $80 a barrel;
        (2) $7 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $80 a barrel, but less than $90 a barrel;
        (3) $6 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $90 a barrel, but less than $100 a barrel;
        (4) $5 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $100 a barrel, but less than $110 a barrel;
        (5) $4 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $110 a barrel, but less than $120 a barrel;
        (6) $3 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $120 a barrel, but less than $130 a barrel;
        (7) $2 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $130 a barrel, but less than $140 a barrel;
        (8) $1 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $140 a barrel, but less than $150 a barrel;
        (9) zero if the average gross value at the point of production for the month is greater than or equal to $150 a barrel.

Authorities

43.55.011;43.55.020;43.55.160

Notes

Recent Bills that will modify this

HB 174 OIL & GAS PRODUCTION TAX; CREDITS
HB 247 TAX;CREDITS;INTEREST;REFUNDS;O & G
HB 326 OIL & GAS PRODUCTION TAX AND CREDITS
HB5005 TAX;CREDITS;PMTS;INTEREST;LEASE;O & G
SB 96 OIL & GAS PRODUCTION TAX;CREDITS
SB5005 TAX;CREDITS;PMTS;INTEREST;LEASE;O & G

Implemented As

15 AAC 55.206
15 AAC 55.215
15 AAC 55.224
15 AAC 55.305
15 AAC 55.335
15 AAC 55.340
15 AAC 55.341
15 AAC 55.345
15 AAC 55.375
15 AAC 55.381
15 AAC 55.850
15 AAC 55.900

References

11 AAC 83.241
15 AAC 55.206
15 AAC 55.211
15 AAC 55.212
15 AAC 55.215
15 AAC 55.335
15 AAC 55.340
15 AAC 55.341
15 AAC 55.375
15 AAC 55.381
15 AAC 55.850
AS 43.55.011 Oil and gas production tax.
AS 43.55.020 Payment of tax.
AS 43.55.160 Determination of production tax value of oil and gas.

History

(Sec. 13 ch 2 TSSLA 2006; am Sec. 32 - 35 ch 1 SSSLA 2007; am Sec. 20, 21 ch 10 SLA 2013; am Sec. 20, 21 ch 4 4SSLA 2016)