tax implications of energy 6... · tax implications of energy chapter 6 pp. 145-160 2018...
TRANSCRIPT
![Page 1: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/1.jpg)
Tax Implications of EnergyChapter 6 pp. 145-1602018 Agricultural Tax
Issues
![Page 2: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/2.jpg)
Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159
Tax IssuesRental paymentsDamage paymentsEasement paymentsPayments for transfer of mineral rightsOil and gas depletion
![Page 3: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/3.jpg)
Rental Payments pp. 145-146
Wind Turbines and Wind Farms Annual payment per tower Annual royalty payment per kilowatt of
electricity generated Combination of the above Payments reported on Sch E (Form 1040) Payments not subject to SE Tax
![Page 4: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/4.jpg)
Rental Payments pp. 146-147
Solar-Panel Farms Annual rent payment based on the acres
covered by panels Rental payments reported on Sch E (Form
1040) Payments not subject to SE Tax
![Page 5: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/5.jpg)
Rental Paymentsp. 147
Oil and Natural Gas Production Temporary easement for constructing a
pipeline (treated as a rental payment) Payment reported on Sch E (Form 1040) Payment not subject to SE Tax
![Page 6: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/6.jpg)
Damage Payments pp. 147-148
Tax Issues Crop damage Treated as sale of crop Reported on Line 2 of Sch F, (Form 1040) Subject to SE Tax Soil compaction, timber, or land damage Reduce basis first Any excess is § 1231 gain Tile damage is often repaired by company
![Page 7: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/7.jpg)
Permanent Easement Payments pp. 148-149
30 years or longerTreated as sale of property interestReduce basis first, any excess payment is gainSale of an permanent easement – determining basis (Treas. Reg. § 1.61-6(a)): Allocate basis between property affected and
not affected Allocate basis of affected property between
rights sold and rights retained
![Page 8: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/8.jpg)
Property Affectedp. 149
Iske v. Commissioner – unsuccessful claim that entire parcel was affected
Ex. 6.3 Allocate to 20 acres of 600 acre farm Cases where entire parcel was affected Bledsoe – fenced easement affected cattle Inaja Land – flooding and fish kill Ex. 6.4 – Building restriction affects total parcel?
![Page 9: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/9.jpg)
Revenue Ruling 77- 414 p . 150
If it is impossible to allocate basis between rights retained and sold,then the easement sale proceeds
can be compared tothe entire basis in land
affected by the easement.
![Page 10: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/10.jpg)
Pipeline Right-of-Way Easementsp. 150
Perpetual (permanent) easement: the right to lay, construct, operate, maintain, inspect, remove, alter, abandon in place, replace, relocate, and reconstruct a pipelineTemporary easement: occurs during the construction period and is rental income reported on Sch E (Form 1040)
![Page 11: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/11.jpg)
Perpetual Easements
p. 150
Payment for the easement reduces basis on land affected by the easementPayment amount that exceeds basis is IRC §1231 gain
![Page 12: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/12.jpg)
Pipeline Right-of-Way Easementspp. 150-151
Temporary and Permanent EasementsExample 6.5 Basis Allocation to ROW50 foot permanent easement payment amount is reported on Form 479775 foot temporary easement payment amount is reported on Sch E (Form 1040)
![Page 13: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/13.jpg)
Eminent Domainp. 151
If forced to grant easement under eminent domain:Involuntary conversionTaxpayer can defer gain by reinvesting within 3 years
![Page 14: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/14.jpg)
Transfer of Mineral Rightspp. 151-152
Sale of mineral rightsSection 1231 gain or lossMineral owner must prove cost basis or inherited basis as of date of acquisitionEx. 6.6Lease of mineral rightsMineral owner reports payments in Sch E (Form 1040)
![Page 15: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/15.jpg)
Lease Payments pp. 152-153
Lease Bonus: paid when lease is signed for a time limited right to exploreTreated as an advanced royaltyOrdinary income subject to cost depletionRefer to Example 6.7Delay rental: paid to defer production Ordinary income; no depletion allowedRefer to Example 6.8
![Page 16: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/16.jpg)
Advance Royalties
pp. 153-154
Paid for specific amount of extraction even if production units are still in groundEligible for cost or percentage depletion (production based)Refer to Example 6.9Minimum royalties are advance royalties
![Page 17: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/17.jpg)
Oil and Gas Depletion
p. 154
Owners of an economic interest in oil or gas can claim a depletion deduction to recover their capital investment in the amount sold or consumed.The deduction is the greater of:
1. Cost depletion, or2. Percentage depletion
![Page 18: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/18.jpg)
Cost Depletion
pp. 155-56
Estimate reservesDivide adjusted depletable basis by remaining oil or gas to get unit costMultiply unit cost by number of units sold to get cost depletion deductionMust use the entire quantity (amount depleted plus the entire reserve) to determine the per unit allowance
![Page 19: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/19.jpg)
Ex. 6.11: Cost Depletion (Royalty Interest) pp. 155-156
Slate RockAdjusted basis = $ 22,000Estimate reserves (barrels) = 35,000Amount sold (barrels) = 5,000Cost depletion amount = $ 2,750
![Page 20: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/20.jpg)
Percentage Depletion
pp.156-157
Allowed even if tax basis is zeroGenerally, 15% of gross incomeLimited to taxable income of the propertyCumulative percentage depletion for all of the taxpayer’s properties is limited to 65% of adjusted taxable income from all sources
![Page 21: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/21.jpg)
Gross Income p. 157
Normally, gross royalty interestRoyalty interest based upon a percentage of production (1/8, 3/16, 1/20, etc.)Gross income does not include lease bonus or advance royalty payable without regard to productiondelay rental payments and most land damage payments
![Page 22: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/22.jpg)
Taxable Income from the Property p. 157
Gross income from the property minus all allowable deductions (except any deduction for depletion or domestic production activities) attributable to the mining processes, including mining transportation (same as gross income for most mineral owners)
![Page 23: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/23.jpg)
Taxable Income from All Sourcesp. 157
Percentage depletion deduction for all properties may not exceed 65% adjusted taxable income from all sources for the yearAdjustments eliminatenet operating loss carrybacks;capital loss carrybacks;percentage depletion; anddistributions to trust beneficiaries.
![Page 24: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/24.jpg)
Ex 6.12 Sufficient Taxable Income (Royalty Interest) p. 158
Gross income $55,000Royalty check (taxable income limit) $51,700Adjusted taxable income $120,000Percentage depletion (15% of $55,000) $8,250Gross income limit ($120,000 × 65%) $78,000Remaining basis ($22,000 - $8,250) $13,750
![Page 25: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/25.jpg)
Working Interest pp. 158-159
Working interest is an operating interestOwner bears all production costsReported as business income Sch C (Form 1040)Subject to SE Tax unless passive investment
![Page 26: Tax Implications of Energy 6... · Tax Implications of Energy Chapter 6 pp. 145-160 2018 Agricultural Tax Issues. Chapter 6: Tax Implications of Energy-Related Payments pp. 145-159](https://reader030.vdocument.in/reader030/viewer/2022041005/5eab01f71a125872a53f0ec1/html5/thumbnails/26.jpg)
Questions?