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The Independent
Producer
America’s determination to
increase domestic reserves and be free of OPEC dependency has placed a
tremendous need for capital on oil and gas companies. The burden is
particularly heavy for independent producers whose funds are more
limited than those of major oil and gas companies which fund their
drilling activities with the sale of stock. Most Independent Operators,
which drill the majority of the Nation’s wells, are able to provide
investors with cash flow and tax advantages through direct participation
in oil and gas programs, thus avoiding the major oil companies’
corporate overhead.
Oil & Gas Investing
Tax Treatment
The Tax Reform Act (Act),
enacted in 1986, made significant changes to the tax laws as they
pertain to oil and gas investments. The Act attempted, for the most
part, to shift more of the tax burden from individuals to corporations.
The Act affected the ability of taxpayers to shelter income.
Intangible
Development Cost
The Act allows Domestic
Intangible Development costs to be expensed or capitalized at the
discretion of the taxpayer. Furthermore, intangible costs may be
deducted by the taxpayer in the year the well is drilled.
Tangible Development
Cost
Currently, the drilling of
an oil and/or gas well is considered production of an asset. The
tangible well costs are capitalized and amortized over a seven (7) year
period, beginning with the month in which they are paid.
Depletion
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Independent producers and royalty owners can claim
percentage depletion of 15% on domestic production. Depletion costs
may be recovered using whichever of two (2) methods provides a
higher deduction, cost depletion or percentage depletion.
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Percentage depletion for oil and gas properties is
limited to independent producers and royalty owners for daily
production up to 1,000 barrels of crude oil or an equivalent amount
of natural gas. However, percentage depletion cannot exceed 65% of
overall income.

A Rewarding
Investment
Although there is principal risk associated with investing in oil
and gas programs, there are substantial benefits. In addition to the
aforementioned tax benefits, informed and selective investors have
the potential to recover their initial investment and continue to
receive cash distributions.
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