Taxation

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    PA IFO Predicts 2016 Impact Fee Revenue Will Drop Another 7%

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    Each year since 2012 Pennsylvania has assessed and collected their version of a severance tax–called an impact fee. As you can see from the chart, the first three years’ worth of collections were over $200 million per year. But starting in 2015 and the collapse of oil and natural gas prices, drillers laid down many of their rigs, and the gas slowed down–resulting in lower tax (whoops, fee) collections. Which is to be expected. In PA, the impact fee is collected and disbursed by the Public Utility Commission (PUC). However, a different state agency, the Independent Fiscal Office (IFO), analyzes production and does a pretty fair job of estimating what the collections will show. Last July the IFO made predictions for 2016 collections that range from $5 million to $56 million below what was collected in 2015 (see PA Independent Fiscal Office Predicts Impact Fee Revenue for 2016). With production numbers now updated by the PA Dept. of Environmental Protection, the IFO has re-run the numbers and now has a much better idea of what collections, which occur in April, will show. The IFO says the state will collect $174.6 million in impact fees, which is $13.1 million (~7%) less than last year. Perhaps most interesting is a number calculated by the IFO called the “Effective Tax Rate” (or ETR). The ETR is what the impact fee would be if it were called a severance tax. Last year the ETR was 6.9%. This year it will be 5%. When you add corporate income taxes paid by drillers to the ETR, you get a “severance tax” rate that is higher than any other oil and gas producing state! And still RINOs and Democrats want to tack on an extra severance tax. Blithering idiots…
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    RINOs and Dems Ramp Up Severance Tax Bills in PA Legislature

    “As a dog returneth to his vomit, so a fool returneth to his folly.” (Proverbs 26:11, King James Version) We could think of no better way to convey the news that no less than three so-called Republicans from the Philadelphia area, and a plethora of Democrats, are in the process of introducing severance tax bills in the Pennsylvania State Legislature, once again. The bills range from assessing a 3.5% tax all the way up to 9%. We won’t repeat our many MANY arguments for why such a tax is just plain stupid. We’ll just share with you who (in the PA legislature) wants to steal money from landowners and drillers and give it to teachers’ unions…
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    RINO PA Senator from Philly Introducing 5% Severance Tax Bill

    Why doesn’t it surprise us that a Republican-in-Name-Only (RINO) State Senator from the 6th District (Bucks County, Philadelphia suburbs) is not only in favor of, but sponsoring a bill to levy a Marcellus-killing severance tax? PA State Senator Robert “Tommy” Tomlinson, an establishment lifer who has been in the state legislature since 1991 (first as a Representative, later as a Senator), sent around a “Co-Sponsorship Memoranda” yesterday asking Democrats, and along with any suckers from the Republican Party, to co-sponsor a bill he plans to introduce calling for a new severance tax on Marcellus drilling. Tommy wants to tax Marcellus drilling an extra 5%, on top of the existing impact fee, which is a severance tax under a different name, to give the money to (you guessed it) teachers unions. Tommy wants transfer millions of dollars out of the pockets of landowners and drillers and into the sinkhole of the failing “unfunded” pension system for state workers and teachers. The instantaneous effect of Tommy’s tax would be to kill all drilling in the state, which apparently doesn’t bother Tommy in the least…
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    PA Gov Wolf Asks for Severance Tax 3rd Year in a Row

    Pennsylvania Gov. Tom Wolf is…what adjective can we use? Recalcitrant. Stubborn. Pigheaded. Stupid. Perhaps all of the above. Wolf is clearly in over his head and the most ineffective PA governor in more than a generation. When he assumed office in 2015, he floated a budget calling for a new 5% severance tax on the Marcellus industry–a tax which even his supporters admitted would be closer to 17% (see PA Official Admits Wolf Severance Tax Highest in Nation @ 17.3%). Such a tax would literally kill the entire industry. That budget deal was a disaster. Wolf held up the budget for nine months into the new budget year, and finally caved (see Hubris: PA Gov. Wolf Caves on Budget, then Claims He Won). Beaten but unrelenting, Wolf came back last year with yet another severance tax proposal–this time an astonishing 6.5% tax (see More on Wolf’s New 6.5% Severance Tax – What Could of Been). What a putz. Yes, he lost again. Republicans held firm and he dropped his demand. As we’ve chronicled repeatedly, Wolf insists on such a tax because of his quid pro quo payoff to teachers unions for their support in getting him elected. Sleazy. PA already has a higher tax rate on natural gas than other oil and gas producing states. PA has an impact fee plus a corporate income tax. The two together are, on average, higher than the severance tax rates in Texas, Oklahoma, Louisiana, Colorado and other o&g states. We’ve already seen big Marcellus drillers leave and go to other states. A severance tax will greatly reduce the amount of drilling in PA. So, it’s now Wolf’s third year and he is about to release another budget. And you will not believe it. This dolt is calling for a severance tax again! Third year in a row! But he won’t say how high of a tax, at least not yet…
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    High-Priced PA Strippers Go Back to Court, Impact Fee Semantics

    In 2014 we brought you the interesting story of strippers in the Marcellus–stripper wells, that is (see High-Priced Strippers in PA: Semantic Gymnastics with Impact Fee). Synder Brothers is an oil/gas producer in Pennsylvania. Most of the wells they drill are vertical-only wells. Among them are 24 wells from 2011 and 21 wells from 2012 that are vertical only–but all targeting the Marcellus. According to the definition of a stripper well under the Act 13 law passed in 2012, a well qualifies as a stripper well if it doesn’t produce over 90 thousand cubic feet (Mcf) of natural gas per day. Synder Bros. says their wells don’t, ergo their wells are stripper wells and not liable to pay an impact fee. The PA Public Utility Commission (PUC), charged with evaluating what does and does not qualify, says nope–your wells target the Marcellus formation and produced above 90 Mcf for at least one month out of the year, therefore must pay the impact fee. So the PUC sued Snyder Bros., intending to collect $500,000 in unpaid fees PLUS a $50,000 fine for inconveniencing the PUC (see PA PUC Sues Snyder Bros to Collect $500K in Unpaid Impact Fees). Now, more than a year after first hearing the case, PA Commonwealth Court wants to hear it all over again. Can’t enough of those strippers…
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    OH Gov Kasich Vetoed Misnamed ‘Tax Relief’ for Utica Drillers

    As we reported in December, Ohio legislators sent Gov. John “foreigner hunter” Kasich a bill at the end of the year with provisions that clear up language regarding tax exemptions for the oil and gas industry (see OH Gov Kasich May Veto Misnamed ‘Tax Relief’ for Utica Drillers). Ohio state auditors have taken advantage of unclear language to aggressively go after oil and gas companies over legitimate tax breaks they receive under Ohio law (to not pay taxes on equipment used directly in producing oil and gas). Lawmakers want to end the tax witch hunts by clearing up language. But Democrats and RINO Kasich are trying to position the issue as a “tax break” under which up to $264 million would have to be refunded to Big Oil. Which is, of course, a lie. Kasich decided to take the low road and continue to demagogue the issue. He vetoed the bill…
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    OH Gov Kasich May Veto Misnamed ‘Tax Relief’ for Utica Drillers

    “The Nerve”

    Ohio Gov. John “foreigner hunter” Kasich has been hellbent for leather to tax Utica drillers more, over the past, what? Four years now? He’s wanted to hike the existing severance tax in a bid to give away driller’s money to other people–like a good Democrats and RINOs do (see OH Gov Kasich the Bully: Accept My 6.5% Tax or Risk a 10%+ Tax). So image how it must have galled Kasich to learn that a bill he’s about to sign, or veto, has provisions “slipped in” that clear up language regarding tax exemptions for the oil and gas industry (the nerve of those lawmakers!). Ohio state auditors have taken advantage of unclear language to “aggressively” go after oil and gas companies over legitimate tax breaks they receive under Ohio law (to not pay taxes on equipment used directly in producing oil and gas). Lawmakers want to end the tax witch hunts by clearing up language, and Democrats and RINO Kasich are trying to position the issue as a “tax break” under which up to $264 million would have to be refunded to Big Oil. It’s nothing of the sort…
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    Union (Once Again) Lies About PA Marcellus Severance Tax

    From the beginning of Pennsylvania Gov. Tom Wolf’s disastrous administration, we have told you the unvarnished truth: Wolf’s call for a high tax on Marcellus Shale gas production is a giveaway, a pay-back, to teachers unions for their support of him in defeating Republican Gov. Tom Corbett (see PA Gov Wolf Proposes Marcellus-Killing 7.5% Severance Tax). Wolf held up the first budget by nine months, wreaking havoc on the state, over this very issue–screw the Marcellus industry to give its money to teachers (i.e. for “education” and “for the children”). What a boatload of horse manure. As we’ve repeatedly SHOUTED–PA already has the equivalent of a severance tax. It’s called an impact fee plus a corporate income tax. When you take the two together, the average “tax” paid by Marcellus drillers is HIGHER than that paid in other big oil and gas states, like Texas and Oklahoma. Enacting an ADDITIONAL severance tax on top of it–even in place of it–would be a disaster, shutting down most Marcellus drilling. And yes, there is gas in other states and yes drillers will leave PA if such a tax is enacted. And yet unions, like AFSCME Council 13, continue to pedal lies about the severance tax…
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    Marcellus Drillers Pay $134+ Million in WV Property Tax in 2016

    Although shale drilling slowed over the past 18 months or so, you wouldn’t know it by the amount of tax revenue the industry contributes in West Virginia counties located in the northern area of the state. Wetzel County will collect an estimated $24 million in tax revenue from shale drillers in 2016. Marshall County will take in $14.9 million. Ohio County will get $9 million and Doddridge County around $8.1 million. Tally it all up across the entire state, and the Marcellus industry will pay more than $134 million in property taxes for 2016…
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    Yes Virginia, There IS a Severance Tax in Pennsylvania!

    The Commonwealth Foundation for Public Policy Alternatives, commonly known as the Commonwealth Foundation or CF, is Pennsylvania’s free-market think tank. CF’s mission is simple: Transform free-market ideas into public policies so all Pennsylvanians can flourish. In a recent post on the CF blog site, the organization makes the strong case that although PA’s levy on shale drillers in the state is called an impact “fee”–it’s actually a tax. Quoting the Independent Fiscal Office (IFO), the CF post says, “the current impact fee is equivalent to a 6.9% severance tax–higher than severance taxes in Louisiana, Wyoming, and West Virginia.” Here’s what CF has to say about PA’s severance TAX…
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    PA Anti-Drilling Auditor General Bashes Impact Fee Spending

    Since he assumed office in 2013, Auditor General Eugene DePasquale has had a chip on his shoulder when it comes to the Marcellus Shale (see Newly Elected PA Auditor General Targets DEP First Day on Job). He put together a sham report on the DEP, calling attention to “problems” fixed years earlier, before he assumed office (see DEP to DePasquale: Problems Fixed Years Ago, Where Have You Been?). He couldn’t discredit the Marcellus industry via the DEP, so he started on a new track–the millions of dollars raised in a severance tax-like fee called the impact fee (see PA Auditor General to Investigate “Lost” $30M Marcellus Impact Fee). In March 2016 DePasquale announced he will conduct a thorough anal exam, er, a, audit of all Act 13 impact fee money distributed to towns and municipalities (see PA Auditor General Commits to Half-an-Audit of Shale Impact Fee $). At the time we pointed out that 60% of the impact fee revenue raised goes to local towns and municipalities where drilling occurs, but the other 40% goes into the black hole of politicians’ sticky fingers in Harrisburg. If DePasquale doesn’t audit the other 40%, he’s only done half-an-audit. DePasquale has released his biased audit and yep, he didn’t bother to look at the 40% being spent by his cronies in Harrisburg–he only concentrated on the money going to local governments. And even then he didn’t find much, but he’s conflated it into a big press release and his sycophants in the media are regurgitating it with damning headlines…
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    Statoil’s Tax Overpayment Cases Bounced Back to WV County Courts

    StatoilStatoil, based in Norway, is a big player in the West Virginia Marcellus Shale. Statoil paid property taxes to Brooke, Marshall, Ohio and Wetzel counties (all in WV) in 2015 and later found, during an audit/review, that they had overpaid those counties. They overpaid Brooke by $1.8 million, Ohio by $2.9 million, Wetzel by $1.6 million and Marshall by $342,000. The WV Tax Department argues that Statoil “acted negligently” and exercised “poor judgment” in not finding the mistake sooner. All four counties voted to deny Statoil’s request, so Statoil took them to court, asking the West Virginia Supreme Court of Appeals to hear the case. However, the Appeals court has just ruled that the cases are not “complex” and don’t require “special treatment,” so back to county court the cases will go…
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    Study: Do PA Towns Spend Impact Fee Revenue on Stated Purpose?

    spendOne of the lasting, positive legacies of Pennsylvania Gov. Tom Corbett, predecessor to the current disaster of a governor, Tom Wolf, is signing into law Act 13, which updated PA’s laws for Marcellus Shale drilling. Among the provisions of Act 13 is something called an impact fee–far better and more fair than a so-called severance tax. As we wrote at the time, the impact fee is really 60% fee and 40% tax. Most of the revenue raised, 60% of it, stays local in the communities impacted (hence the name) by drilling. Those communities have higher expenses for first responders, water and sewer, and other government expenses, due to an increase in drilling activity. But in order to get the deal done in Harrisburg, Corbett and the Republicans had to agree to grease the palms of bureaucrats with 40% of the revenue raised from the fee, to be spread around to various agencies (see PA’s New Tax on Drilling (er Sorry, Impact Fee)). Whatever. At least 60% of the money stays local. The question is, are the local towns and communities receiving their portion of the money using it for what it was intended? A pair of University of Pittsburgh at Bradford professors received a grant to study that very question. The resulting report, “Analysis of Act 13 Spending by Pennsylvania Municipalities and Counties” (full copy of 68-page report below) was published in July. What did it find?…
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    40 PA Housing Projects Funded in Marcellus Region w/Marcellus Money

    phfaWhen drilling comes to town, it brings a lot of people with it. Some of them are roughnecks that do the dirty work on the rigs. Others are in associated jobs–like landmen, surveyors, welders, truckers. The list goes on. If those people are not from the local area and if they are staying for a while, they need a place to sleep. It tends to fill up hotels and B&Bs quickly. When they know they will be in an area for a while (months, even years) some of them rent apartments or houses. All of that renting activity tends to drive up the price of local apartment and house rentals, making renting hard for locals. It’s happened in a number of drilling areas in Pennsylvania. That’s why when the Act 13 law was passed, it contained funding from severance tax revenue to help. The Pennsylvania Housing Finance Agency recently announced they have approved another $6.2 million for 40 housing projects in Marcellus areas…
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    PA Sen. Gene Yaw Speaks Out on Marcellus, Pipelines, Taxes & More

    gene-yaw.jpgLast week we reported on a half joking (half not joking) comment by Pennsylvania State Senator Gene Yaw made at a PA midstream conference, in which he said maybe PA should stop sending its fracked gas to New York State (see PA State Senator Says Let’s Stop Fracked PA Gas Going to NY!). Propagandists from the taxpayer-funded PBS StateImpact Pennsylvania were on hand at the event and have provided an edited and abridged version of Yaw’s comments. Nowhere to be found are his comments on not sending fracked gas to NY. However, Yaw had some interesting things to say about other issues. Here, edited with the intent to make him look as bad as possible, are some other things Yaw said…
    Read More “PA Sen. Gene Yaw Speaks Out on Marcellus, Pipelines, Taxes & More”

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    Dems Use Scranton Newspaper in New Campaign for PA Severance Tax

    Comin Around Again - EditedOn Monday we brought you the incredulous news that Democrats Sen. John Yudichak (Wilkes-Barre area) is once again pushing a Marcellus-killing severance tax, using a recent PA Supreme Court decision as the excuse (see Unbelievable: PA Dems Continue to Push for Severance Tax). In what can only be called coordination and collusion (and corruption), the Scranton Times-Tribune editorial board has lent its voice to Yudichak’s new effort. If you follow national politics at all, you have no doubt read that WikiLeaks, in releasing poached emails from John Podesta (Hillary Clinton’s campaign manager), shows “reporters” from newspapers like the New York Times coordinating stories and asking for permission to run certain quotes made by the candidate. It’s sick. It’s sleazy. It’s corruption of the media. Well folks, that not only happens nationally, it happens regionally and locally too. As in the Democrat-run Scranton Times-Tribune
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