Taxation

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    WV Gov. Tomblin Proposes to LOWER Oil & Gas Severance Tax

    Ohio Gov. John “foreigner hunter” Kasich has been hellbent on raising Ohio’s oil and gas severance tax–for years. As recently as last June Kasich predicted his 6.5% proposed severance tax would get adopted (see Kasich Predicts Severance Tax Deal Will Happen, Others Say No). Last fall OH Republicans continued to flirt with the idea (see Ohio Legislators Continue Dalliance with Kasich Severance Tax). The state still has not raised it, even though Kasich has lobbied hard for over three years. Pennsylvania, on the other hand, continues to consider converting their better impact fee for a less better severance tax. Republicans there are getting weak-kneed too (see Some PA Republicans Beginning to Cave on Severance Tax). It seems the severance tax is like the mythical siren song attempting to lure states onto the rocks of less drilling. But hold on to your hat. In contrast to OH and PA, there’s one state, and one governor, who’s not falling for higher severance taxes. PA Democrats trot out West Virginia as their shining example of how severance taxes don’t chase drillers away–to bolster their argument that PA should adopt a severance tax. Guess what? WV figured out high severance taxes DO chase drillers away, and WV’s Democrat governor, Earl Ray Tomblin, is proposing the state LOWER its oil and gas severance tax in 2016! It’s a devastating blow to PA Gov. Tom Wolf and his obsessive-compulsive insistence on a severance tax…
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    PA Gov Wolf’s Pathological Need for a Severance Tax

    We suspect that Pennsylvania Gov. Tom Wolf may suffer from OCD–obsessive compulsive disorder. What else could explain the fact that even though PA doesn’t have a completed 2015 budget, he’s about to introduce a 2016 budget that once again calls for a severance tax on oil and gas–when the industry in his state has gone nearly dormant because of low prices? Shale drillers are struggling to stay solvent and to keep drilling at least a few new wells. And Wolf is, once again, insisting on a severance tax, that will essentially stop all drilling. Perhaps a better word for it is pathological…
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    Severance Tax Not a Panacea After All – Down 50%+ in 2015

    There’s been a lot of talk over the past 5+ years in Pennsylvania that the state needs a severance tax. We’ve heard the repeated drumbeat that “eeeevvvvery other oil and gas state has a severance tax and we need one too.” A severance tax would, according to sticky finger Democrats and teachers unions, instantly solve funding shortfalls for education. Bam–solved. It would also fund a variety of “worthy” programs that the beneficent politicians in Harrisburg salivate to fund. A severance tax might even be the cure for cancer–who knows? Just one teeny, tiny problem. With the collapse of prices for oil and gas, and the resulting collapse in drilling, all of those “other states” with a severance tax are now scrambling to make up the difference in the shortfall they face in their own budgets. Turns out a severance tax isn’t a panacea after all. It also turns out an impact fee (PA’s equivalent of a severance tax), while sure to go down, will go down a lot less than a severance tax would. To our PA friends: Are you still happy you traded Tom Corbett, who was smart enough to create the impact fee, for the inept Tom Wolf who’s chasing a St. Elmo’s Fire severance tax? Here’s a look at the rapid fall of severance taxes in key oil and gas states in 2015, by the experts at the U.S. Energy Information Administration…
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    Dem Media Spins New PA Severance Tax Proposal as “Conservative”

    At least one Republican, Pennsylvania State Rep. Jim Christiana (from Beaver County, PA), is pushing a new severance tax plan he considers kinder and gentler than that proposed by PA Gov. Tom Wolf. Christiana has proposed a tax with a rate of “just” 3%, instead of Wolf’s demand of 5% (see Some PA Republicans Beginning to Cave on Severance Tax). However, Christiana’s tax plan would, in time, increase to 5%–just like Wolf’s. Of course all of these numbers are hocus pocus horse manure. The actual percentage goes much higher when you factor in all of the extras. What’s interesting to us is how Democrat-controlled media organizations like the Scranton Times-Tribune (and its subsidiary the Wilkes-Barre Citizens’ Voice) are attempting to spin this news. They published an article referring to Christiana as a “conservative” trying to imply conservatives are now on board with a severance tax on drilling in the Keystone State. Let us assure you, such is not the case. It is another sterling example of media bias and spin…
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    Some PA Republicans Beginning to Cave on Severance Tax

    Kudos to Pennsylvania Republicans for hanging tough and pushing back against the bullying of PA Gov. Tom Wolf with respect to a Marcellus-killing severance tax. However, the battle for a severance tax may have taken its toll. At least one, perhaps more, Republicans are going squishy now that the fight is over for the 2015/2016 budget. State Rep. Jim Christiana, a Republican (RINO) from Beaver County (where Shell may build an ethane cracker plant) says he will propose new legislation that creates a 3% severance tax. His tax plan includes abolishing the existing impact fee, which is the equivalent of a severance tax, and using some of the 3% tax revenue to replace the impact fee. Christiana says, “many Republicans support the concept of a severance tax, but simply reject the governor’s punitive approach.” He also says Republicans “have lost the public relations battle in explaining that the impact fee is a severance tax.” In other words Christiana has lost his nerve. Christiana is a major disappointment and, possibly, an harbinger that PA Republicans may cave and pass a severance tax after successfully fending one off this year…
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    57% of Pennsylvania’s CPAs Favor a Marcellus Tax – Surprised?

    Each year the Pennsylvania Institute of Certified Public Accountants (PICPA) conducts a poll of its membership. Last year PA accounts answered the question “How should PA close the state budget gap?” by indicating the state should privatize liquor sales – 69%, by instituting a Marcellus Shale severance tax – 67%, and by legalizing pot smoking – 27% (see PA Accountants Love Marcellus Severance Tax (and Smoking Pot)). This year’s PICPA poll results have just been published. Perhaps it was our criticism and poking fun at the absurdity of the question last year–but this year the question changed. This is the question they asked this year of PA accountants: “Pennsylvania faces a structural budget deficit estimated at nearly $2 billion. Which of the following should the state use to close the deficit?” The #1 preferred solution for PA’s accountants? A Marcellus Shale severance tax–57% favor it. As we said last year, does anyone else find it suspicious that the people who would have to manage and file reams of tax forms on a severance tax (generating lots of billable hours) are in favor of such a tax? Can anyone say, conflict of interest? Why do we care a wit about what CPAs think about taxes and budget deficits? They’re the ones who helped create it!…
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    OOGA’s 2015 Year in Review: No Hike in OH Severance Tax in 2016

    David Hill, president of the Ohio Oil and Gas Association (OOGA), provides an enlightening “year in review” for 2015. As part of his summary of the issues facing the oil and gas industry in the Buckeye State, he offers this with respect to an impending increase in the severance tax: “I am pleased to report that it looks like we won’t have to discuss the severance tax for the next year or so.” Good news indeed for drillers in Ohio in 2016. As Hill says, the price of oil and natural gas have collapsed–oil because of a worldwide oversupply, and natural gas (in the northeast) because of lack of pipelines. Among the issues Hill tackles is the so-called Community Bill of Rights movement, unitization laws, and more. It’s a good read…
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    Impact “Fee” or Impact “Tax”? It Matters in this (Court) Case

    Is the money collected from drillers in Pennsylvania for wells a fee, or a tax? Under the Act 13 law passed in 2012, it’s called an impact fee. We’ve long made the case that it’s part fee, part tax (see our story from 2012: PA’s New Tax on Drilling (er Sorry, Impact Fee)). Our definition, which we think makes eminent sense, is that a fee is money collected to reimburse the government for a service used. You drill a well in a community, you run big trucks over rural roads–those roads get damaged and it takes money to repair them. Or if there’s an accident because of the increase in traffic and fire/police are called out more frequently–there’s a cost associated. Local towns meeting to review and debate requests related to new wells? Takes precious time, and money. The impact fee, as originally intended, would compensate local municipalities for out-of-pocket expenses they incur when drilling comes to town. But then greedy politicians who like money to flow through their stick fingers got involved and in order to “sell” the impact fee in Harrisburg, compromises were made. In the end, 60% of the money collected from the impact “fee” stays local–to reimburse towns and counties for out-of-pocket expenses. The other 40% goes into the Harrisburg black hole and disappears into the fingers of local and state politicians who don’t incur any expense from drilling. So we call that 40% portion a tax–an obscene one at that. Why does it matter whether it’s considered a tax or a fee? Because of a Commonwealth Court case in which a driller maintains it’s a tax and the company doesn’t owe it if it’s considered a tax…
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    Scranton Newspaper Supports Stealing Gas Money for Philly

    It shouldn’t surprise anyone that the Democrat-controlled Scranton Times-Tribune doesn’t like the fair impact fee collected on Marcellus drilling in the state and instead prefers an unfair severance tax. It certainly doesn’t surprise us that they they think in such a twisted way. After all, 60% of the impact fee stays local and out of the hands of Harrisburg politicians. That’s just not “right” in Democrat-land. The other 40% that does go through the sticky fingers of Harrisburg politicians isn’t “enough” for good Lib Dems like those who control the Times-Tribune. So in their latest editorial, the Times-Tribune fans the flame of PA Democrat Auditor General Eugene DePasquale’s investigation into the industry in tracking down the “missing” $30 million of impact fee money (see PA Auditor General to Investigate “Lost” $30M Marcellus Impact Fee). True to Lib Dem form, the Times-Tribune wants DePasquale to go far beyond a simple investigation. They want DePasquale to somehow override the will of the legislature, and the residents of Pennsylvania, and extra-Constitutionally change the tax structure–throwing out the impact fee and instead slapping a nose bleed severance tax on the industry. That’s their preferred outcome. It will produce more money (so they reason) for them to play with and hand out to welfare slugs in “struggling urban areas” who keep voting for them…
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    PA Auditor General to Investigate “Lost” $30M Marcellus Impact Fee

    On Monday MDN told you about the case of bureaucratic incompetence in keeping track of reports that detail where and how much money is getting spent from the Pennsylvania Act 13 impact fee (see $30M in PA Act 13 Money Missing – Theft or Bureaucratic Cock-up?). Local municipalities say they’ve filed reports with the state Public Utility Commission (PUC), but the PUC can’t seem to locate those reports. Typical. But what’s this? We have a knight in shining armor riding to the rescue to figure out this financial potential malfeasance. Our hero is (ta da ta da, trumpet fanfare): State Auditor General Eugene DePasquale (Democrat). DePasquale, you may recall, is an anti-driller who targeted the Marcellus industry from the very first day he took office (see Newly Elected PA Auditor General Targets DEP First Day on Job). Most of DePasquale’s ire seems to be directed at the state Dept. of Environmental Protection (DEP). He conducted a very thorough anal exam of the agency, over a period of years, and issued a “report” critical of the agency for shortcomings that were already fixed by the time the report was issued (see Anti-Drilling PA Auditor General Criticizes DEP in “Report”). DePasquale would like nothing better than to find a new Marcellus scab (i.e. issue) and pick it until it bleeds in an effort to smear the industry. DePasquale is a bully if ever there was one. In particular he likes to target charter schools, trying to shut them down with audit after audit. Nice guy. It’s that “hero” who has ridden in on his black horse to conduct an “investigation” (more like an inquisition) of local towns and how they are spending his, er, um, the state’s money…
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    $30M in PA Act 13 Money Missing – Theft or Bureaucratic Cock-up?

    poofNearly $30 million of Act 13 shale tax money that comes from an impact fee (i.e. tax) on Marcellus drilling in Pennsylvania is “unaccounted for.” The media is playing this up as “the money has gone missing” with the implication something nefarious is going on. The truth is a little more mundane. Some local municipalities receiving the money are confused as to which forms they have to file, and which agencies they need to file the forms with. It appears to be a bureaucratic cock-up–not theft, as implied by some in the media…
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    It’s a Mad Mad Mad Mad Mad Climate Change World

    mad worldWe think it’s hard to overstate the power play being made by those who assembled in Paris earlier this month for the United Nations COP21 Climate Change Conference. As we previously wrote two days ago, Obama will never get Congress to ratify a treaty based on the agreement he signed in Paris (see Paris Climate Treaty Signed by Obama NOT Binding on U.S.). However, like all good fascists, obeying our nation’s laws and Constitution won’t slow BHO down. He’ll figure out how to wave his magic Executive Orders wand and just “make it so.” That’s his plan. You may think we’ve gone mad, but we must point out, yet again, that IF the plan coming out of the Paris conference is actually implemented, it means the end of the fossil fuel industry. Period. We are NOT exaggerating this. That is their stated purpose–to end the world’s reliance on fossil energy. That’s how this agreement is being reported in mainstream media–have you bothered to read the reports? What’s even more insane is that yesterday we received a press release from the International Association of Oil & Gas Producers (IOGP)–supposedly “the voice of the global upstream industry”–saying the IOGP “welcomes the historic COP21 agreement in Paris last week.” What? They “welcome” the end of fossil energy? Has everyone gone stark….raving….mad?….
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    Don’t Know Jack: Politician Lobbies for High OH Severance Tax

    The Marcellus and Utica Shale industry, like all shale industries in the U.S., is getting clobbered. Prices are at historic lows for natural gas–with no prospects it will go higher anytime soon (see Natural Gas Prices Hits 14-Year Low – When Will it Rebound?). Drillers (otherwise known as producers or E&Ps) can’t make a profit. Those who are making a profit are realizing profits that are razor thin–like break-even. So what does a “brilliant” politician like Ohio State Rep. Jack Cera (Democrat) lobby and advocate and agitate for? Raising the severance tax on shale drillers in Ohio. How utterly dense can you possibly be to not see that doing such a thing in this low-price climate would essentially shut down the Utica industry in the state? Or perhaps that’s what Jack really wants?…
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    Paris Climate Treaty Signed by Obama NOT Binding on U.S.

    On Saturday, our illustrious president, Barack Hussein Obama, claims to have committed the United States into giving up its national sovereignty in the name of so-called man-made global warming. Obama and nearly every country of the world signed a climate agreement/treaty that commits the nations of the world to lower carbon dioxide emissions. You know, CO2–the stuff you exhale with every breath you take. Yeah, that stuff is supposedly warming up ole Mom Earth–catastrophically. Except it’s not. There is no empirical data that shows the earth is heating up–only doctored computer models. Satellite data shows the opposite–the average temp of Mom Earth is not heating up and hasn’t been for 18 years–how many times do we have to HOLLER this for it to get through? But facts aren’t what the Paris agreement is about. We can tell you what the agreement is about in two simple points: (1) transferring massive amounts of hard-earned wealth away from America to other countries, via a carbon tax; (2) banning the use of all fossil energy–asap. No, this is not hyperbole. It’s not overstating the case. This is EXACTLY what the Paris Climate Conference was all about…
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    PA Senator Predicts Chesapeake Energy Goes Bankrupt Within a Year

    drugs.jpgThe failed Governor of Pennsylvania, Tom Wolf, “100 percent guarantees” an oil and gas severance tax will be part of next year’s state budget. That’s the claim made by Wolf’s inept Policy Secretary, John Hanger, last Friday. What hubris. Wolf and Hanger can’t even get THIS YEAR’S budget done! Nearly six months late!! And already they’re trying to grab money for next year. Democrats have a heroin-like addiction to OPM–Other People’s Money. (Coincidentally, when John Hanger ran for governor himself, he ran on a platform of legalizing marijuana, see Pass One Last Joint for John Hanger.) The problem (for Wolf and Hanger) is this: the shale industry in PA is in retrograde. It’s receding, not expanding. Drilled wells are either not being hooked up in the first place, or they’re being turned off, called being shut-in. When that happens, less gas flows–less gas to tax. Another lesson Dems never learn: You ALWAYS get less of what you tax, not more. It’s simple economics. A Republican State Senator from York, PA (Wolf’s home town) wrote Wolf a little love letter to school him in the economic realities of his bogus claim that “next year” he’ll get a severance tax. State Sen. Scott Wagner predicts, among other things, that Chesapeake Energy, PA’s largest natural gas producer, will file for bankruptcy within a year…
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    Wyoming Senator Exposes Obama Paris Climate Tax Plan

    U.S. Senator John Barrasso (Republican from Wyoming) is the chairman of the Senate Foreign Relations Subcommittee on Multilateral International Development, Multilateral Institutions, and International Economic, Energy, and Environmental Policy. Sen. Barrasso has done the country a huge favor by writing and releasing a new report titled: “Senate Outlook on United States International Strategy on Climate Change in Paris 2015” (full copy below). If we can sum up the report, it perfectly details how President Obama is attempting to hoodwink U.S. taxpayers into transferring their hard-earned money to foreign countries under the guise of global warming flummery. That is, according to Sen. Barrasso, President Obama intends to force American taxpayers to pay for past economic success through his contributions to the Green Climate Fund. It is an outrage and must opposed at every turn…
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