Taxation

Cumberland County | Industrywide Issues | Pennsylvania | Statewide PA | Taxation

The Folly of PA’s Impact Fee/Tax
March 5, 2013March 5, 2013

A number of stories coming from PA for the past several months revolve around how towns and counties will spend a windfall they’ve received from the state since instituting the first-ever shale well impact “fee” last year (for background on the fee-which-is-really-just-a-tax, see: List of PA Impact Fee Disbursements by County/Town). We’ve spared you the boring details. However, we bring you one of those stories to illustrate a point.

Cumberland County, PA has no active shale drilling, yet they will receive $200,000 in “walking around” money from the hard work of energy companies and landowners who are drilling. And what do the wise leaders of Cumberland County intend to do with this new-found pile of cash? Buy a new fire truck or two? Refurbish school classrooms? Refit snowplows with new equipment? Maybe convert some county vehicles to run on natural gas? Nope. They plan to put $149,000 of it into a program to give away (blow) on “green projects.” The squabbling over how to distribute it has already begun…

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Industrywide Issues | Ohio | Regulation | Statewide OH | Taxation | Utica Shale

OH Budget Bill Hits Utica Drilling with $25K/Well Impact Fee
February 25, 2013February 25, 2013

If you ever (logically) thought a piece of legislation that’s meant to be a budget would only deal with money issues, you would be wrong. Budget laws for decades have been used to slip in all sorts of non-money-related measures. This year’s Ohio budget is no different. Tucked away in the proposed budget law from Gov. John Kasich are a number of non-budget items that directly affect Utica Shale drilling in Ohio. The measures include a ban on using brine as a de-icer on public roads, moving from yearly to quarterly production reports, lease transfer 30-day notifications, a $25,000 impact fee on each well drilled (surprise!), and testing of shale cuttings for radioactivity. And you thought budgets were just boring numbers.

Here’s the low-down on the non-budget items in the budget bill that will impact Utica drilling in a big way:

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Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide WV | Taxation | West Virginia

Closer Look at Shale Bills Before WV Legislature
February 25, 2013February 25, 2013

The West Virginia legislature only meets for 60 calendar days each year, so when they convene, a flurry of new bills are introduced. MDN recently told you this year legislators have already introduced some 60 bills dealing with energy issues in the state—22 of those bills were introduced by Delegate Mike Manypenny, D-Taylor (see New Rules/Laws for Shale Drilling Will Come to WV in 2013).

Not all of the bills will become law, but some will. Here’s a look at a few of the more serious contenders that stand a chance of getting enacted, and one (forced pooling) that hasn’t even been introduced—yet:

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AB Resources | Chesapeake Energy | Chevron | Energy Companies | Industrywide Issues | Marshall County | Taxation | West Virginia

Chesapeake’s Property Tax Assessment Lowered in Marshall County
February 20, 2013February 20, 2013

West Virginia has a phenomenally complicated taxation structure when it comes to, well, everything—but especially for oil and gas wells. The severance tax is 5%—that’s pretty easy. But WV also has an ad valorem (property) tax for both drillers and mineral rights owners. The way WV calculates the value of income-producing properties takes a tax attorney to figure out. In Marshall County, tax attorney John Mairs represents both Chesapeake Energy and Chevron. Chesapeake has 29 wells in the county and Chevron has 19.

Mairs was successful in getting Chesapeake’s property assessments on their 29 wells reduced by nearly $60 million, but Chevron’s assessment was reduced by only $20 million and that was due to a clerical error at the state level. Here’s the story on how and why the property assessments were modified in Marshall County for these two drillers:

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Coshocton County | Holmes County | Industrywide Issues | Ohio | Taxation | Wealth Management

Landowners: Make Lease Payments You Receive Tax-Free
February 19, 2013February 19, 2013

MDN ran across a story in the local Zanesville, Ohio newspaper that makes an interesting boast. A group of three financial advice firms have joined forces to offer workshops for landowners in the Coshocton, OH area that supposedly instructs landowners on how to save “virtually every tax dollar” on lease bonus payments. The technique, which involves setting up some sort of special legal structure, will also “save taxes” on royalty payments. We are 100% in favor of landowners keeping their money!

But, is it too good to be true? We don’t know. However, it does sound interesting, and if you live somewhere in the Coshocton vicinity, we’d encourage you to check it out. Let us know if you do…

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Economic Impact | Guernsey County | Hydraulic Fracturing | Industrywide Issues | Jobs | Ohio | Taxation | Utica Shale

Guernsey County Shale: Businesses Expand, Millionaires Created
February 18, 2013February 18, 2013

More tales of companies starting, companies expanding, and new millionaires being created at a rapid rate—all because of Utica Shale drilling. This time it’s happening in Guernsey County, Ohio…

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Industrywide Issues | Pennsylvania | Statewide PA | Taxation

PA Libs Renew Call for Severance Tax, O&G Industry Pushes Back
February 11, 2013February 11, 2013

Liberals everywhere believe that high taxes and massive spending will cure all of society’s ills. Well, they actually don’t believe that, but they do get intoxicated on the power that comes from spending other people’s money—and it tends to keep them in power when they spend enough of it on people who didn’t earn it and won’t work for it.

Such is the situation in Pennsylvania. The new “impact fee” on oil and gas drilling in the state—which is really a tax—is not even five months old, and already the libs (i.e. Democrats) are calling for a new severance tax on oil and gas drilling. The Pennsylvania Oil & Gas Association is pushing back:

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Industrywide Issues | Ohio | Statewide OH | Taxation | Utica Shale

Details of OH Gov. Kasich’s Utica Shale Severance Tax Hike
February 6, 2013February 6, 2013

Ohio Gov. John Kasich released his budget for fiscal years 2014 & 2015 yesterday, and along with it, he resurrected the same plan he first introduced a year ago to increase severance tax on oil and gas production in the Utica Shale (see Details on Ohio Gov. Kasich’s New Tax on Shale Drilling). The plan in a nutshell: Hike the severance tax on Utica Shale drilling, then spread the new-found wealth around to buy votes to get re-elected.

Here’s a summary of the coming changes (and make no mistake, the plan will pass this time):

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Industrywide Issues | Ohio | Statewide OH | Taxation

OH Gov. Kasich Budget Soaks Drillers & Farmer Landowners
February 5, 2013February 5, 2013

Ohio Gov. John Kasich (supposedly a Republican) just released his biennial budget and as promised, it’s a socialistic masterpiece that raises taxes on shale drillers and farmers in order to fund a massive expansion in Medicaid and provide a state income tax cut.

When liberals like what you’re doing and you’re a Republican, that’s not a good sign…

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Industrywide Issues | Pennsylvania | Statewide PA | Taxation

Law Firm: PA Drillers/Contractors Paying Taxes They Shouldn’t
January 29, 2013January 29, 2013

According to the law firm Reed Smith, drillers in Pennsylvania may be paying sales tax for equipment used in hydraulic fracturing and drilling that is exempt from PA sales tax. The PA Dept. of Revenue has been issuing tax assessments to drillers that are, according to Reed Smith, in contradiction of existing law.

If you’re a landowner or peripherally interested in Marcellus drilling, give this article a pass. However, if you’re a driller or a drilling contractor of any kind, you need to pay close attention…

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Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Taxation

PA DEP Pushes Back: We Did NOT Undercount Wells for Impact Fee
January 24, 2013January 24, 2013

A newly-minted Ph.D. from Penn State, Joel Gehman, got his first teaching job last year as an assistant business professor at the University of Alberta in Canada. He wasted no time in addressing the issue of “publish or perish” in academe. In May of 2012, even before he began his official duties at UA, he co-authored and published a paper titled, “Fracking Patents: The Emergence of Patents as Information Containment Tools in Shale Drilling.” The title itself tells you about Dr. Gehman’s proclivities when it comes to the issue of fracking. (Learn more about his views on his blog). This month Dr. Gehman is back as lead author of a new paper published in the journal Environmental Practice titled, “An Analysis of Unconventional Gas Well Reporting under Pennsylvania’s Act 13 of 2012.”

Dr. Gehman’s new paper makes the strong claim that the DEP did not exploit loopholes in the new Act 13 law to drain every last penny they could via the new impact fee/tax on oil and gas wells, thereby leaving up to $303 million uncollected (see our story Did PA DEP Undercount Act 13 Wells & Forfeit $303M in Revenue?). Michael Krancer, Sec. of the DEP, sent a letter to Gehman on Tuesday with some pretty strong claims of his own…

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Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Taxation

Did PA DEP Undercount Act 13 Wells & Forfeit $303M in Revenue?
January 10, 2013January 24, 2013

Note: MDN’s headline originally stated “$100M” in revenue was forfeited. The study’s lead author, Joel Gehman, contacted MDN to correct that number. We misunderstood. They believe the DEP has forfeited two to three times that amount: $205-$303 million.

In an attempt to shame the Pennsylvania Dept. of Environmental Protection (DEP) into action to improve their data reporting for unconventional shale wells, researchers at the University of Alberta and McGill University (both in Canada) have published a paper in the journal Environmental Practice claiming the DEP undercounted the number of natural gas wells used for assessing the new Act 13 impact fee, thereby denying the state an extra ~~$100~~ $205-$303 million they could have received in tax revenue (see article below).

The article/study is titled “An Analysis of Unconventional Gas Well Reporting Under Pennsylvania’s Act 13 of 2012” and is peer reviewed, which supposedly blesses it as being accurate. However, the PA DEP strongly objected to the methodology used by the researchers and has said, point blank, they misunderstand the Act 13 requirements for what constitutes an unconventional well under the Act 13 law. DEP says there is no missing tax revenue due to an undercount. The researchers glibly reply the purpose of the article is to needle the DEP into “fixing” their data problem.

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Industrywide Issues | Regulation | Taxation

Accounting Tax Provisions are Not Subsidies for Big Oil & Gas
January 3, 2013January 3, 2013

An important and insightful article appeared on the Forbes magazine website yesterday, detailing the rank hypocrisy by mainstream media in their reporting about “subsidies” for “big oil and gas.” The point of the article: There are no subsidies for oil and gas companies.

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Industrywide Issues | Ohio | Statewide OH | Taxation

OH Gov. Kasich Keeps Beating the Higher Drilling Tax Drum
December 27, 2012December 27, 2012

What is it about states like Texas that causes Ohio’s Gov. John Kasich to view them as “foreign” and their citizens as “foreigners” (see this MDN story). An anal retentive fixation on the part of Kasich? Perhaps.

His fixation is in full bloom again. Kasich reports he recently went on some “foreign travel”—to Houston, Texas—where he had private discussions about raising taxes. Kasich also has a fixation on raising taxes on the drilling industry in Ohio so he can “spread the wealth” around to everyone:

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Anadarko | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Statewide PA | Talisman Energy | Taxation

PA PUC Rules Against Anadarko & Talisman on Impact Fee
December 21, 2012December 21, 2012

Contrary to the wishes of Anadarko Petroleum and Talisman Energy, the Pennsylvania Public Utility Commission (PUC), charged with collecting Act 13 impact fees from shale drilling in the state, ruled that setting conductor pipe does in fact trigger or require a company to pay an impact fee from that point forward. Anadarko and Talisman had argued it does not constitute spudding (or starting the drilling process) for a well. The impact fee is levied when a well is spud.

From the PUC announcement yesterday:

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Industrywide Issues | Ohio | Statewide OH | Taxation

OH Republicans Set to Cave on High Drilling Tax
December 20, 2012December 20, 2012

Are Ohio Republicans about to cave on supporting the dreadfully awful idea of high severance taxes on shale drilling in order to “spread the wealth around” by transferring that money into a fund to allow a state income tax cut? Sadly, it seems the answer is “yes.”

Yesterday at a press conference, Ohio House Speaker Bill Batchelder (Republican from Medina) said he thinks Republicans will support a higher severance tax once their palms are greased with pork projects they understand more about it.

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