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More Mush from the Times

In a New York Times editorial celebrating the recent demise of the ethanol subsidy, the Old Grey Lady once again descends into outright falsehood to malign the industry that Progressives love to hate:

Congress should now focus on the oil industry, which has long enjoyed a web of arcane and unnecessary tax breaks — deductions for well depletion and intangible drilling costs. They are unique to the industry and, when combined with other subsidies, cost roughly $4 billion a year.

President Obama has tried twice to kill these subsidies, without success. We hope he tries again in his coming Budget Message. The Congressional Research Service says that ending the subsidies would have no effect on gas prices for consumers and only a trivial effect on industry profits, which have been at record highs. [Emphasis added.]

Where to begin?

The ethanol blenders’ tax credit was a true subsidy. It was a dollar-for-dollar offset of a company’s tax liability, a cash reward from the federal government of 45 cents per gallon for each gallon of ethanol blended.

The oil industry items are deductions from taxable income, not subsidies. All businesses are allowed to deduct legitimate business costs, and the oil industry is no different.

Oil industry profits are large because the companies are large. The profit per dollar of revenue and return per dollar of capital investment are in the middle of the pack compared to other industries.

Cost depletion is a charge to income that, contrary to the Times’ assertion, is not unique to oil and gas. All extractive industries have some form of depletion, including timber as well as mining industries like gold, silver, gypsum, and even gravel and sand.

The deduction for intangible drilling costs (IDCs) has been a feature of the IRS Code since 1913, since the beginning of the income tax. They are a feature, not a bug (a/k/a “loophole”). Because of the risk profile of exploration, and the extreme capital intensity of the business, modifying a long-standing cost recovery scheme would certainly impact financing and drilling activity.

IDCs represent those costs of drilling that have no tangible (or salvageable) value, like labor, trucking, and rig rental costs. The issue is not whether IDCs should be deductible; instead the issue is one of timing. IDCs can be expensed in the year they occur, unlike many capital items which must be written off over a useful life.

Such tax treatment is not unique to oil and gas. Expensing IDCs is analogous to the tax treatment of R&D for computer software companies.

The benefit of both depletion and IDCs is phased out for the major integrated oil companies like BP, Exxon and Shell. Thus the pain of Obama’s punitive move would fall upon small domestic independents. Depletion, in particular, benefits "stripper" producers. These low-volume, high cost producers in aggregate account for 500,000 barrels per day of domestic production that would otherwise have to be imported.

The Obama Administration has, without a doubt, the most hostile policies in recent history with respect to domestic energy production. In the New York Times, the Administration has a willing lackey who is always ready, willing and able to distort the truth to accomplish its ends.

Cross-posted at stevemaley.com.

COMMENTS

  • gekster

    They never talk of the huge taxes paid, which far outwaigh the tax breaks.

  • stumpy

    is why we need a flat tax. I am not opposed to a two or three rate system, but let’s eliminate all deductions and lower the rates. I favor eliminating the corporate tax alltogether. Profits made by corporations eventually go to people, who then pay taxes. At least lower it to 10%. We could keep the mortgage interest and charitable tax deductions. Mortgage to keep from finishing off the housing market and charitable to keep alternatives available to government charity.

    Only one candidate supports the flat tax. Vote Perry 2012! Let’s get the government out of our lives.

    • http://stevemaley.com Steve Maley

      … is that it makes no sense to tax commercial revenues. Not all businesses are corporations.

      Fred’s Grocery Store operates on thin margins: big revenues, little profits. Let’s say $100K in profits on $10 M in revenue, for a gross profit margin of 1%.

      Fred’s brother Joe sells lingerie. On $10 M of sales his profit is $4 M, gross profit margin 40%.

      Both of them are sole proprietorships or S corporations (which are taxed at the individual level).

      You would tax them both the same?

      • stumpy

        where the revenues came into the equation. I was referring to profit amount in dollars, not margins or total revenue. If the corporate tax was eliminated, taxes would be paid on the owner/stockholder’s income when recieved.

        I would also like to see at least a temporary window to repatriate profits tax free. It would give the economy a quick boost.

        • jakeofalltrades

          With large overseas operations. And now might be a buyer’s market, no?

          Our taxes are the least of the hurdles for repatriation anyway. Europe in particular has lots of anti-repatriation regulations.

        • http://stevemaley.com Steve Maley

          • stumpy

            misunderstanding. By deductions I was referring to special loopholes that have been written into the tax code to encourage or discourage certain activities, reward cronies, assist preferred economic sectors, etc including tax credits that meet the same criteria. Business expenses would be deducted from revenues to get profits. Businesses would still have to keep track of income and expenses, which would be done anyway.

          • ohiohistorian

            If you remember, under Jimmah Carter the business deduction for the “3-martini lunch” was taken away. What that resulted in was that no alcohol deduction is allowed for businesses, even though hospitality suites, etc are still expected by customers. Therefore, this gets written off. Contrast this with taxpayers paying Pelosi’s $100K bar bill on her jet flying her back and forth to CA from DC. Why should I as a taxpayer pay for this when IRS rules prohibit companies from making this a deduction?

            Depletion is the same idea as is exploration. Drug discovery is another area much like exploration, as is R&D for automobiles. These are all expenses that should be allowed in the year in which they are taken, but it seems that “fair-minded liberals” are pushing them to being written off against the specific well or drug as capital expenditures. For example, if you have a bust of a drug or a dry hole, should that be written off against taxes if there is no product ever produced? Shouldn’t it be a business expense against the other products and deducted as a business expense? Similarly, why should you not get credit for the loss in value of the land because you pumped out oil from it? If you start adding these back as “unallowable expenses”, or capitalizing them over 30 years, then these will go back into prices. So much for the logic of the NYT not affecting prices. Obama has already raised oil prices by $60/bbl in his three year tenure. This takes out about $600 billion dollars from our economy annually. So he wants to take another $4 billion out. Thank you for your concern for my middle class pocketbook. This all hits us as higher prices thanks to the nanny state.

            I notice the ethanol subsidy is gone. What about the sugar subsidy and price support? When will that disappear?

      • JSobieski

        nt

        • jakeofalltrades

          If eliminated, all revenue is taxed.

          • http://stevemaley.com Steve Maley

            Nobody disputes that IDCs are legitimate costs to be written off against revenue. The issue is whether they can be 100% written off in the year incurred, or should be amortized over say 5 years, as would be the case with a tangible investment.

            That’s why it’s not a subsidy. It’s cost recovery, and the issue is timing.

    • goodolboy

      Flat tax would make it easier for Congress to raise the rates and does not eliminate/drastically cut back IRS, The Fair Tax would require a constitutional admendment that sets the rate and eliminates the income tax in total. I think if one reads the Neal Boortz book, “Fair Tax: The Truth” they would really see the advantages of the Fair Tax versus any other system. $22M went into the research and the developement of the Fair Tax, more than any other amount into any tax system. I agree that the flat tax is much better than the current system and I would support it if the Fair Tax were not an option. Thanks for reading.

      • stumpy

        raise a flat tax, they can raise a fair tax. I am not necessarily opposed to the fair tax, I just think a flat tax would he a better first step to clean up our system. I believe the flat tax would be much easier to get passed and implemented and is a more reachable goal

        One question I cannot get Fair Tax people to answer is what happens to RothIRA’s? Taxes have already been paid once. Do people get a sales tax credit when this money is withdrawn? My question just gets ignored by the Fair Tax people.

        Also, what do you do with internet and under-the-table sales. I know we have “cash” employees now, but the Fair tax would greatly increase these problems if not addressed.

        • trojan140

          Why the concern about Roth IRAs if the Fair Tax were passed? All investments would be tax-free. There would be no need for any “tax credit” since your contributions would be with pre-tax dollars since there would be no income tax.

  • DerKrieger

    …or is it deliberate?

    By that question I mean, is the Times ignorant of the taxation of oil companies or are they deliberately reporting it the way they are to misinform their readers and to generate additional hostility and bias toward the oil companies?

  • johnt

    leftist morality in a nutshell.
    The destructionists over at the Times should stop chewing the paint off the walls long enough to at least give a quick, if painful, nod to the Gulf, offshore Alaska, and the Canadian pipeline, just for the appearance of balance.

    • http://stevemaley.com Steve Maley

      Here: http://www.whatswrongwiththeworld.net/2012/01/war_against_baby_girls.html

  • johnt

    an erudite, classy site, but not because of me. I’ll check out the story.

  • gmscan

    What industry do liberals not “love to hate?” They hate any industry that is successful – successful insurers, successful pharmaceuticals, successful agriculture, successful retailers, successful manufacturers. With one exception they only like industries that are not successful, like solar. The one exception is the trial bar. The seem to LOVE successful ambulance chasers.

  • harlan

    Meanwhile, outright subsidies to the tune of BILLIONS for failed green energy companies that soon go belly-up anyway is j-u-s-t fine.

    How much “solyndra” money (referring to ALL of o’s paygo “loans”) has found its way into private, offshore accounts?
    How much “solyndra” money will find itself laundered and back in o’s hands this election?
    How much “solyndra” money is really and truly intended to help this country achieve energy independence from tyrants and religious nutjobs?