Legislature(1999 - 2000)

02/22/2000 10:10 AM House O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE SPECIAL COMMITTEE ON OIL AND GAS                                                                             
                        February 22, 2000                                                                                       
                           10:10 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jim Whitaker, Chairman                                                                                           
Representative Fred Dyson                                                                                                       
Representative Gail Phillips                                                                                                    
Representative Joe Green                                                                                                        
Representative John Harris                                                                                                      
Representative Brian Porter                                                                                                     
Representative Tom Brice                                                                                                        
Representative Hal Smalley                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Allen Kemplen                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 307                                                                                                              
"An  Act establishing  an oil  and  gas corporate  income tax  and                                                              
making   conforming   amendments;   and  amending   the   tax   on                                                              
corporations  levied  under  the  Alaska  Net Income  Tax  Act  to                                                              
eliminate  the state  corporate income  tax on  taxable income  of                                                              
less than $10,000; and providing for an effective date."                                                                        
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 307                                                                                                                  
SHORT TITLE: OIL AND GAS CORPORATE TAX ACCOUNTING                                                                               
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/21/00      1972     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/21/00      1973     (H)  O&G, L&C, FIN                                                                                       
 1/21/00      1973     (H)  REFERRED TO  O&G                                                                                    
 2/16/00      2225     (H)  COSPONSOR(S): AUSTERMAN                                                                             
 2/17/00               (H)  O&G AT 10:00 AM CAPITOL 17                                                                          
 2/17/00               (H)  Heard & Held                                                                                        
 2/17/00               (H)  MINUTE(O&G)                                                                                         
 2/22/00               (H)  O&G AT 10:00 AM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE ERIC CROFT                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 400                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 307.                                                                                         
                                                                                                                                
JUDY BRADY, Executive Director                                                                                                  
Alaska Oil and Gas Association                                                                                                  
121 West Fireweed Lane                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 307.                                                                         
                                                                                                                                
TOM WILLIAMS, Alaska Tax Counsel                                                                                                
BP/AMOCO                                                                                                                        
P.O. Box 196612                                                                                                                 
Anchorage, ALASKA 99519-6612                                                                                                    
POSITION STATEMENT:  Testified on HB 307.                                                                                       
                                                                                                                                
DEBORAH VOGT                                                                                                                    
715 Fifth Street                                                                                                                
Douglas, Alaska 99824                                                                                                           
POSITION STATEMENT:  Testified on HB 307.                                                                                       
                                                                                                                                
DAN E. DICKINSON, Director                                                                                                      
Oil and Gas Audit Division                                                                                                      
Department of Revenue                                                                                                           
550 West Seventh Avenue, Suite 570                                                                                              
Anchorage, Alaska 99501-3557                                                                                                    
POSITION STATEMENT:  Testified on HB 307.                                                                                       
                                                                                                                                
STEVE MAHONEY, Associate General Tax Officer                                                                                    
ARCO                                                                                                                            
P.O. Box 100360                                                                                                                 
Anchorage, Alaska 99510-0360                                                                                                    
POSITION STATEMENT:  Testified on HB 307.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-14, SIDE A                                                                                                              
Number 0005                                                                                                                     
                                                                                                                                
CHAIRMAN JIM  WHITAKER called the  House Special Committee  on Oil                                                              
and Gas  meeting to order  at 10:10 a.m.   Members present  at the                                                              
call  to order  were  Representatives Whitaker,  Dyson,  Phillips,                                                              
Green, Harris, Porter, Brice and Smalley.                                                                                       
                                                                                                                                
CHAIRMAN  WHITAKER  noted  that  in response  to  a  request  from                                                              
Representative Phillips,  there was  a memo in committee  members'                                                              
packets  regarding the  natural gas requirements  of Fort  Greely,                                                              
Fort Wainwright, and Eielson Air Force Base.                                                                                    
                                                                                                                                
HB 307-OIL AND GAS CORPORATE TAX ACCOUNTING                                                                                   
                                                                                                                                
Number 0094                                                                                                                     
                                                                                                                                
CHAIRMAN WHITAKER  introduced the  first order of  business, HOUSE                                                              
BILL  NO. 307,  "An  Act establishing  an  oil  and gas  corporate                                                              
income tax and making conforming  amendments; and amending the tax                                                              
on corporations  levied  under the  Alaska Net  Income Tax  Act to                                                              
eliminate  the state  corporate income  tax on  taxable income  of                                                              
less than $10,000; and providing for an effective date."                                                                        
                                                                                                                                
REPRESENTATIVE  ERIC CROFT, Alaska  State Legislature,  sponsor of                                                              
HB 307, who  was ill and unable  to attend, confirmed that  he was                                                              
on teleconference.                                                                                                              
                                                                                                                                
Number 0180                                                                                                                     
                                                                                                                                
JUDY BRADY,  Executive  Director, Alaska  Oil and Gas  Association                                                              
(AOGA),  said  AOGA is  an  industry  trade association  whose  17                                                              
members  represent  the  majority  of the  petroleum  industry  in                                                              
Alaska.   Ms. Brady  presented AOGA's  comments  on HB 307,  which                                                              
proposes  to  re-enact Alaska's  former  separate-accounting  tax.                                                              
She  shared four  reasons  why  AOGA's opposes  HB  307:   1)  the                                                              
present apportionment-based  tax does  not provide a   special tax                                                              
break for the oil industry; 2) this  is not a good time for Alaska                                                              
to  be destabilizing  the   fiscal  rules of  the  game for  doing                                                              
business in Alaska; 3) HB 307 would  tend to have a greater impact                                                              
per  barrel  for new fields than  for old ones at  today's prices,                                                              
which makes it harder for new fields  to clear the economic hurdle                                                              
to be competitive investments; and  4) income tax is not the whole                                                              
story.                                                                                                                          
                                                                                                                                
MS.  BRADY said  the  oil companies  pay  taxes  on their  Alaskan                                                              
income at the same rate as do all  other companies.  She explained                                                              
that misunderstanding  arises from the calculation of  how much of                                                              
the  business  conducted   in  more  than  one   state  should  be                                                              
attributed to  the Alaskan  portion of the  business.   States can                                                              
choose  between two  methods of  calculating  a company's  taxable                                                              
income:  separate accounting or apportionment.                                                                                  
                                                                                                                                
MS.  BRADY  explained  that  separate   accounting  looks  at  the                                                              
business activities  occurring in Alaska  and tries to  figure out                                                              
how much  that company  would have  made without the  out-of-state                                                              
portions of  the business.   By contrast,  apportionment  looks at                                                              
the profit  of the  entire business  and tries  to figure  out how                                                              
much  of   the  profit-making   capacity   of  that  business   is                                                              
represented by its in-state activities.   All multi-state business                                                              
that pay income  tax in Alaska compute their Alaskan  income using                                                              
the apportionment approach.                                                                                                     
                                                                                                                                
MS. BRADY testified  that critics of apportionment say  that if an                                                              
oil company finds  a way to save a million dollars  in its Alaskan                                                              
operations, the  state will  not see the  full million  dollars in                                                              
the income  the company  reports on its  Alaskan tax return.   She                                                              
said that criticism ignores the fact  that if an oil company finds                                                              
a way to save  a million dollars in Asia or the  North Sea, Alaska                                                              
benefits by receiving the same percentage  of that company's total                                                              
income.                                                                                                                         
                                                                                                                                
MS. BRADY then asserted that destabilizing  taxes would discourage                                                              
investment in  Alaska.  She said  it would not be wise  tax policy                                                              
for  Alaska to  change  to an  accounting  method  that would,  in                                                              
effect, target new oil fields.                                                                                                  
                                                                                                                                
MS. BRADY  suggested that  the actual amount  of taxes  Alaska has                                                              
collected from  the oil companies since  1981 may not be  all that                                                              
different  from  what  it  would   have  been  under  the  former,                                                              
separate-accounting  formula.     She  said  only   the  state's's                                                              
Department  of Revenue  has complete  information  to provide  the                                                              
real  numbers   to  compare.     In  conclusion,  she   urged  the                                                              
legislature not to enact House Bill 307.                                                                                        
                                                                                                                                
CHAIRMAN WHITAKER said he would assure  that copies of Ms. Brady's                                                              
prepared remarks were distributed to committee members.                                                                         
                                                                                                                                
Number 0958                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  referred to  a previous discussion  with Ms.                                                              
Brady,  and asked  if  it was  her position  that  when the  state                                                              
changed  the   accounting  method  from  separate   accounting  to                                                              
apportionment in 1981, there had  been a conscious decision on the                                                              
part of  the legislature to raise  production taxes to  offset the                                                              
loss of revenue from income taxes.                                                                                              
                                                                                                                                
MS. BRADY  said yes,  but she  asked that  the committee  continue                                                              
that  discussion  with  Tom  Williams,   who  had  been  with  the                                                              
Department of Revenue at that time.                                                                                             
                                                                                                                                
Number 1041                                                                                                                     
                                                                                                                                
TOM  WILLIAMS, Alaska  Tax Counsel,  BP/AMOCO,  explained that  in                                                              
1981, he was Commissioner of Revenue  for Governor Jay Hammond and                                                              
was actively  involved with the  legislature and  tax legislation.                                                              
He said  that in answer  to Representative Dyson's  question, yes,                                                              
it was a conscious decision.                                                                                                    
                                                                                                                                
MR. WILLIAMS  recalled that in 1980,  in the course  of litigation                                                              
challenging  the  constitutionality  of separate  accounting,  the                                                              
United  States  Supreme  Court  stated  that  the  two  accounting                                                              
methods were  "theoretically incommensurable,"  and it  sounded to                                                              
those working for the state at that  time as if the court would be                                                              
ruling   against  separate   accounting,   as  apportionment   had                                                              
previously been upheld.  The state  had collected $2 billion [from                                                              
the oil  companies] as  the litigation moved  forward.   With that                                                              
amount accruing  interest, the refund  that the state  potentially                                                              
owed  to the  oil  companies threatened  to  be  greater than  the                                                              
entire revenues  of the  state for  a year.   That was  simply too                                                              
great a gamble with the public money.                                                                                           
                                                                                                                                
MR. WILLIAMS continued, saying there  were two approaches taken in                                                              
1981.  One  was to try to  settle the litigation  altogether. (The                                                              
settlement  approach did not  work.)   The other  was to  create a                                                              
safety net for the separate accounting  tax by creating a backstop                                                              
tax against which the separate accounting  payments would be made.                                                              
If separate  accounting were to be  struck down, the  backstop tax                                                              
would then  become fully due, in  effect switching the  money from                                                              
one revenue source to another.                                                                                                  
                                                                                                                                
MR. WILLIAMS  recalled that at  that time [1981],  the legislative                                                              
leadership in both bodies as well  as the governor came out with a                                                              
statement saying that  Alaska was then getting a  little more than                                                              
31 percent of the  oil wealth, and that as long  as the percentage                                                              
stayed above 30 percent, the state  would be getting a fair share.                                                              
MR.  WILLIAMS  explained that  the  state  then went  to  modified                                                              
apportionment,  which was  expected to produce  more revenue  than                                                              
regular apportionment.   However, the amount of  revenue generated                                                              
still was going  to be so far below that from  separate accounting                                                              
that it would not  keep revenue to the state above  the 30 percent                                                              
threshold.   So the production tax  was increased.  The  base rate                                                              
of  the  production  tax  was raised  from  12.25  percent  to  15                                                              
percent,  and for  large  fields  like Prudhoe  Bay,  there was  a                                                              
change made in  the Economic Limit Factor (ELF).  That combination                                                              
of  raising the  base  rate and  applying the  full  base rate  to                                                              
fields  like  Prudhoe   Bay  was  enough  to   keep  the  combined                                                              
production  tax  and income  tax  revenues  above the  30  percent                                                              
threshold that  everyone had  agreed on as  the minimum  level for                                                              
the state's share.                                                                                                              
                                                                                                                                
MR.  WILLIAMS confirmed  that the  modification  had succeeded  in                                                              
keeping the revenues above 30 percent.   However, "It did cost the                                                              
state money.  But enough out of the  billions being projected that                                                              
the legislature  could swallow it, though not  necessarily happily                                                              
in some cases."   It turned out that the actual  loss was a little                                                              
higher than Mr.  Williams had figured.  The Department  of Revenue                                                              
in 1986 did  a review to see  how things had actually  turned out,                                                              
and it was about twice the size of  what he had said.  "But still,                                                              
overall, we protected the revenue."                                                                                             
                                                                                                                                
Number 1414                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON  thanked Mr.  Williams  for  a very  helpful                                                              
answer and  asked a second question:   If this bill  goes forward,                                                              
is there a  way it could be  structured so that the  new companies                                                              
coming into Alaska are not penalized?                                                                                           
                                                                                                                                
MR.  WILLIAMS said  it would  be very  difficult when  the tax  is                                                              
being measured in the way that House  Bill 307 proposes to measure                                                              
production income.   There  are major expenses  up front,  and the                                                              
profit per  barrel is  going to  be greatest  in the flush  period                                                              
when field begins producing.  Economics  eventually start to erode                                                              
and eventually  they become marginal,  and when a  company reaches                                                              
break-even, it  is done.   That is inherent  in the nature  of the                                                              
business. He said he didn't "see a fix within [HB] 307."                                                                        
                                                                                                                                
REPRESENTATIVE DYSON  wondered if it  would be impractical  to say                                                              
that the  new companies  coming in  to Alaska  could go  under the                                                              
apportionment  accounting for three  to ten  years or until  their                                                              
production got to  a certain number of barrels and  give them some                                                              
kind of a phase in, a honeymoon period.                                                                                         
                                                                                                                                
MR. WILLIAMS said one certainly could  do something like that, and                                                              
in a  direct sense,  that would deal  with the problem  expressed.                                                              
But  he cautioned  that  transitioning into  and  out of  separate                                                              
accounting is a difficult thing to do.                                                                                          
                                                                                                                                
REPRESENTATIVE  DYSON asked  what the  state is  receiving now  in                                                              
relation to the 30 percent threshold.                                                                                           
                                                                                                                                
MR. WILLIAMS said  he did not know about the  other oil companies,                                                              
but he believed  that the state  still is getting 30  percent from                                                              
British  Petroleum.    He  said   the  Department  of  Revenue  is                                                              
obviously the place to get the full answer.                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  asked who else  was scheduled to  testify so                                                              
he could  direct questions  to the  appropriate person.   Chairman                                                              
Whitaker said  he thought  Dan Dickinson would  be the  only other                                                              
witness.    Deborah Vogt  said  she  would  like to  testify,  and                                                              
Chairman  Whitaker   promised  that   she  would  be   given  that                                                              
opportunity.                                                                                                                    
                                                                                                                                
Number 1697                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SMALLEY asked  Mr. Williams  if a  set of  figures                                                              
provided  to the committee  were accurate.  [That information  had                                                              
come from  House Bill 307 sponsors  and showed oil  company income                                                              
tax payments to the state from 1982  to 1997, comparing the actual                                                              
amount paid under  the current approach with what  would have been                                                              
paid under  separate accounting.]   Mr. Williams  said he  did not                                                              
know enough about the other companies  to know if the figures were                                                              
accurate or not.  He said he would  accept them as being accurate.                                                              
                                                                                                                                
MS. BRADY cautioned  that in looking at those  figures, one should                                                              
be aware  that they do  not show the  other half of  the equation,                                                              
the  income   from  increased  production   taxes  that   she  had                                                              
described.   She added that  separate accounting  is demoralizing,                                                              
[it]  "drags on  a company  to a  have a  method that  is in  such                                                              
dispute that you are constantly fighting over it."                                                                              
                                                                                                                                
REPRESENTATIVE PORTER said those  figures do not take into account                                                              
the amount of money that was received  by the state as a result of                                                              
the increase in production tax, is that correct?                                                                                
                                                                                                                                
MR. WILLIAMS said it was.                                                                                                       
                                                                                                                                
REPRESENTATIVE PORTER then asked  if the sheet of figures could be                                                              
characterized as "not exactly a fair statement."                                                                                
                                                                                                                                
MR. WILLIAMS characterized it as an incomplete statement.                                                                       
                                                                                                                                
Number 1862                                                                                                                     
                                                                                                                                
CHAIRMAN  WHITAKER asked  for  clarification  about exactly  which                                                              
approach the  state uses  today, saying he  understood that  it is                                                              
modified apportionment.                                                                                                         
                                                                                                                                
MR. WILLIAMS said that is correct,  that for the oil industry, the                                                              
state  uses a  modified apportionment  approach.   He  went on  to                                                              
explain  that  the  standard  apportionment  approach  uses  three                                                              
factors: property,  payroll, and sales,  and looks at how  much of                                                              
those  is   in-state,  then  takes   the  average  of   the  three                                                              
percentages  and that  is  the percentage  of  a company's  income                                                              
deemed  to have  arisen from  in-state activities.   The  modified                                                              
apportionment  approach  uses the  same  property  factor, but  in                                                              
place  of  payroll  it  substitutes  production,  how  much  of  a                                                              
company's  oil  and  gas  production  worldwide  was  produced  in                                                              
Alaska. The second modification used  on the apportionment side is                                                              
in the sales factor.  It not only  looks at retail sales, but also                                                              
at  pipeline tariffs  which  are paid  by  the producing  company.                                                              
There are also some technical tweaks  to the base, "the total pie,                                                              
figuring the size  of that pie, but in terms of  how you calculate                                                              
the slice, the apportionment, those are the changes."                                                                           
                                                                                                                                
Number 1932                                                                                                                     
                                                                                                                                
DEBORAH  VOGT   of  Douglas,  Alaska,   began  her   testimony  by                                                              
clarifying that she  had retired from state government  [as Deputy                                                              
Commissioner,   Department  of   Revenue]  last   June,  and   was                                                              
testifying  from her  historic memory  of the  subjects, not  as a                                                              
representative  of  the  Administration.    She said  she  had  no                                                              
dispute  with what  the  other witnesses  had  told the  committee                                                              
about the  two methods -  separate accounting and  apportionment -                                                              
"neither one  of which purports to  be completely accurate."   She                                                              
compared the  two by giving the  analogy of dividing  a restaurant                                                              
bill according  to who ate  what (separate accounting)  or equally                                                              
among the diners (formula apportionment).                                                                                       
                                                                                                                                
MS.  VOGT said  that  in  a large  sense,  it  does not  make  any                                                              
difference which way  it is done, so long as  the profitability is                                                              
more or less uniform, so long as  everybody ate the same things or                                                              
so long  as all  the factions  of the  business are  more or  less                                                              
equally profitable.   That was one  of the things  the legislature                                                              
had in mind  in 1978 when it  went to separate accounting  for the                                                              
oil  industry,  she recalled.    The legislature  recognized  that                                                              
there would be  phenomenal profits from the oil  production on the                                                              
North  Slope and  that  the  three-factor formula,  as  originally                                                              
designed, was not going to accurately represent that income.                                                                    
                                                                                                                                
MS. VOGT pointed out that regarding  the sales factor, normally it                                                              
is sales  to a final,  ultimate third  party that counts,  not the                                                              
transfer between branches of the  business.  Since none of the oil                                                              
companies' final sales took place  in Alaska, the sales factor was                                                              
going to be zero for oil and gas produced in Alaska.                                                                            
                                                                                                                                
Number 2060                                                                                                                     
                                                                                                                                
MS. VOGT  addressed the property factor.   She said that  when the                                                              
state  supreme   court  decided   that  separate  accounting   was                                                              
constitutional,  the  court  pointed  out  that  Prudhoe  Bay  was                                                              
reflected on  the company's  books at  approximately 1  percent of                                                              
its value.  The  reason for that was that the  oil and gas itself,                                                              
the oil in the  ground - which is generally the  greatest asset an                                                              
oil company owns - is not reflected  on the company's books.  If a                                                              
company had  an oil well  for which it  had paid $15  million, and                                                              
that was a dry well, the well would  be reflected on the company's                                                              
books at $15  million.  If that  same $15 million well  sat on top                                                              
of several billion barrels of oil,  it still would be reflected on                                                              
the  books at  $15  million.   She  added,  "Discovery  is not  an                                                              
accounting event."   She said that was one of the  main flaws with                                                              
the  property factor,  and that  is  still a  flaw because  Alaska                                                              
still uses the property factor to account for oil and gas.                                                                      
                                                                                                                                
MS. VOGT  said the payroll factor  has been abandoned  because oil                                                              
production  is not  a  labor-intensive activity;  additionally,  a                                                              
number of  Unites States  tax laws encourage  oil companies  to do                                                              
business  through  subcontractors.   The  oil industry  uses  many                                                              
subcontractors  on the North  Slope.   In another industry,  those                                                              
people might  show up in that  company's payroll factor,  and that                                                              
was  one  of   the  reasons  the  legislature   went  to  separate                                                              
accounting.                                                                                                                     
                                                                                                                                
Number 2134                                                                                                                     
                                                                                                                                
MS. VOGT described  the three-factor formula as it  would apply to                                                              
a retail  company doing  business  in several  states.  All  three                                                              
factors  would increase  in response to  greater profitability  in                                                              
one particular  state, and so the  factors would be  responsive to                                                              
the different  levels of profitability  within the company.   What                                                              
the legislature found in 1981 was  that those three factors do not                                                              
really  move when  oil becomes  more  profitable.   The system  is                                                              
simply not responsive  to the changes of profitability  within the                                                              
business.                                                                                                                       
So Alaska went to separate accounting in 1978.                                                                                  
                                                                                                                                
MS.  VOGT recalled  the separate  accounting  litigation that  she                                                              
handled  for the  state at  the Alaska  Supreme  Court and  United                                                              
States  Supreme Court  levels.    One thing  she  disputed in  the                                                              
testimony she  had heard  that morning  concerned the duration  of                                                              
the "cloud  of uncertainty" over  the separate accounting  method.                                                              
She said  the cloud did  not linger after  1986, since  the Alaska                                                              
Supreme Court had  decided in 1984 and the U.S.  Supreme Court had                                                              
decided   in  1986  that   the  separate   accounting  method   is                                                              
constitutional.                                                                                                                 
                                                                                                                                
MS. VOGT  said she certainly agreed  with Tom Williams  that there                                                              
[previously] had  been a substantial  cloud.  In 1978,  there were                                                              
[U.S. Supreme  Court rulings in]  two oil company cases  that gave                                                              
one pause in  terms of keeping the separate accounting  law on the                                                              
books.  Tom Williams  had referred to the fact  that the severance                                                              
tax was changed  in 1981, affecting the ELF; part  of the thinking                                                              
[then] was  that by the  time the ELF  "kicked in again"  in 1986,                                                              
the litigation  would be  resolved and  it would  be time  for the                                                              
legislature to  look again  at income tax  with regard to  the oil                                                              
industry.                                                                                                                       
                                                                                                                                
Number 2262                                                                                                                     
                                                                                                                                
MS.  VOGT  offered  her  main point:    corporate  income  tax  in                                                              
relation  to the  oil industry  has not  been reviewed  thoroughly                                                              
since 1978.   Separate accounting  was repealed in 1981  under the                                                              
threat of litigation,  but not because of any  great philosophical                                                              
determination  by  the  legislature  that  modified  apportionment                                                              
would  be better.   She  said she  believes it  is time   for  the                                                              
legislature to look  carefully at the income tax  as it relates to                                                              
the oil  companies.  She  mentioned an item  in a recent  issue of                                                              
the Juneau  Empire that  said taxes  collected under the  modified                                                            
apportionment  formula would go  down if the  merger of  BP/ AMOCO                                                              
with ARCO goes  through.  She said  she did not know if  that is a                                                              
fact, but that it is something the legislature should look into.                                                                
                                                                                                                                
MS.  VOGT also  disputed  the  assertion  made that  morning  that                                                              
modified  apportionment is  better for  encouraging new  business.                                                              
Separate accounting  is not going  to tax any business  until that                                                              
business actually  is making money in  Alaska.  An oil  company is                                                              
active in  the state for  a long time  before that  company starts                                                              
making  any  money.   Modified  apportionment  is going  to  start                                                              
taxing a business  the minute it sets foot in the  state.  Because                                                              
apportionment will  bring some of  the company's  worldwide income                                                              
into the state for taxation even  though the company may be losing                                                              
money in Alaska,  Ms. Vogt believes apportionment  is really anti-                                                              
competitive for new businesses coming into the state.                                                                           
                                                                                                                                
Number 2348                                                                                                                     
                                                                                                                                
MS. VOGT  said another assertion  had been made that  morning that                                                              
the oil  industry does not  get any tax  breaks compared  to other                                                              
industries.   She pointed  out that the  oil industry is  the only                                                              
industry that Alaska  taxes on worldwide apportionment.   In 1991,                                                              
the state retreated  from worldwide [apportionment]  for all other                                                              
businesses  except oil,  and went  to  what is  known as  "water's                                                              
edge."  Ms. Vogt  recalled that Alaska was one of  the last states                                                              
to use  the worldwide unitary  approach, which was  something that                                                              
the United States'  foreign trading partners did not  like at all,                                                              
having  individual  states  looking  into  the  books  of  foreign                                                              
subsidiaries.    All of  the  states  retreated to  water's  edge,                                                              
although California  still allows  the worldwide unitary  approach                                                              
as an  option.   When Alaska  went to  water's edge,  it was,  she                                                              
recalled, at  the oil  companies' request that  they were  left on                                                              
worldwide  while everyone  else went  to water's  edge.  Ms.  Vogt                                                              
returned to the  restaurant analogy, pointing out  that if Alaskan                                                              
activities  are extremely  profitable, it  is better  for the  oil                                                              
industry  to have that  profit diluted  as much  as possible;  the                                                              
worldwide approach,  therefore, is better  than water's edge.   In                                                              
her opinion, that is an advantage  the oil industry has over other                                                              
businesses in Alaska.                                                                                                           
                                                                                                                                
MS. VOGT said it would be interesting  to hear from the Department                                                              
of Revenue  how the 30  percent factor has  looked over time.   It                                                              
was her  understanding that  the state  has not received  anything                                                              
like the  30 percent that  was set as a  hurdle in 1981.   Whether                                                              
folks  agree  that  is  an appropriate  level  or  not,  "that  is                                                              
something else."                                                                                                                
                                                                                                                                
TAPE 00-14, SIDE B                                                                                                              
                                                                                                                                
MS. VOGT  concluded by saying that  she thought it  was worthwhile                                                              
for the  legislature to look  carefully at corporate  income taxes                                                              
as they apply to the oil industry.                                                                                              
                                                                                                                                
Number 2460                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PORTER asked  Ms. Vogt if  she remembered  whether                                                              
other oil-producing states use separate accounting.                                                                             
                                                                                                                                
MS.  VOGT  said  it  is her  understanding  that  they  still  do.                                                              
Certainly they did at the time of  the litigation.  Texas does not                                                              
have  an  income  tax.    California  uses  apportionment  [as  an                                                              
option],  but  some  of  the  other   states  including  Oklahoma,                                                              
Mississippi,  and   others  used  separate  accounting,   and  she                                                              
believes they still do.                                                                                                         
                                                                                                                                
REPRESENTATIVE GREEN  referred to the declining value  of an aging                                                              
oil field  as the  value drops  toward the  economic limit,  as is                                                              
happening to the big fields in Alaska.    He asked Ms. Vogt if she                                                              
thought  that  separate  accounting  might  work  to  the  state's                                                              
detriment now or in the future.                                                                                                 
                                                                                                                                
MS.  VOGT  said  he  was  absolutely  correct  [in  assuming  that                                                              
eventually  it would reach  a point  at which] production  becomes                                                              
less  profitable.   It is  possible that  separate accounting  and                                                              
apportionment will  cross, and it  gets down to  one's philosophy.                                                              
She  said she  did  not  think the  oil  companies  in Alaska  had                                                              
reached that  point, and she  did not think  they would do  so for                                                              
some time;  however, Dan Dickinson was  on the line, and  he would                                                              
be  the better  person to  answer that  question.   She asked  the                                                              
committee to think philosophically  about what is appropriate.  Is                                                              
it  appropriate to  be taxing  a  field that  isn't producing  any                                                              
income as if  it were producing income?   She said that  is one of                                                              
the advantages  of separate accounting:   it is only going  to tax                                                              
the fields that are profitable when they are profitable.                                                                        
                                                                                                                                
Number 2378                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  mentioned a pie chart [in  members' packets]                                                              
that  showed  a  breakdown  of taxation.    He  wondered  if  that                                                              
proportion seemed  reasonable to  Ms. Vogt, if  - as  Mr. Williams                                                              
had said - other  taxes have provided a fairly big  fill-in of the                                                              
difference between the two types of income tax.                                                                                 
                                                                                                                                
MS. VOGT said she had not studied  the pie chart, but it certainly                                                              
was true  that "severance tax  went off" when separate  accounting                                                              
was  repealed.   She  did not  think that  the  other taxes  fully                                                              
recovered the revenue that was lost  due to the repeal of separate                                                              
accounting.  In  her  view,  however,   that  is  not  really  the                                                              
question.  The questions  are:  What should be done  from this day                                                              
forward?  What  is the appropriate level of taxation?   How should                                                              
the tax  structure look?   And  what is  the best  tax to  have to                                                              
encourage  diversification,  to encourage  new  industries on  the                                                              
North Slope?                                                                                                                    
                                                                                                                                
REPRESENTATIVE GREEN  said he certainly  concurred with  that, and                                                              
knew from having worked with Ms.  Vogt a few years ago that she is                                                              
a  very fair  person.   Whether right  or  wrong in  the past,  he                                                              
added, "let's  go forward."   He then asked  if it is going  to be                                                              
better from  the state's standpoint  to adopt, at this  point, one                                                              
or the other, or a modified form,  or some other form of taxation.                                                              
His concern, he said, was whether  Alaska would be able to attract                                                              
the kinds  of investments  needed  to explore  and find new  [oil-                                                              
producing] areas   if Alaska does not establish a  stable tax rate                                                              
and say  "that's it."   "When you  come to  Alaska you've  got bad                                                              
climate," he  commented.   You've got  long distances,  you've got                                                              
all  these other  things, but  at least  you've got  a stable  tax                                                              
base."                                                                                                                          
                                                                                                                                
MS. VOGT said she believes separate  accounting can be designed as                                                              
Alaska had it from 1978-81, so that  it is more encouraging to new                                                              
development   than   is   modified    apportionment.      Modified                                                              
apportionment  will attribute  some  taxable value  to the  state,                                                              
whether the  company is making any  money or not.  If  the company                                                              
is  making money  on a  worldwide  basis, that  company will  have                                                              
income attributed  to the state due  to the fact that  the company                                                              
bought a lease,  invested, drilled a well or pursued  any activity                                                              
like that.  Separate accounting certainly  can be designed to take                                                              
into account  those expensive  initial expenditures  of a  company                                                              
coming into  the state.  In a  sense it already does,  but through                                                              
depreciation, amortization  and rules within  separate accounting,                                                              
the state certainly can allow a company  to completely recover its                                                              
expenditure  before  any  tax  is  levied, if  that  is  what  the                                                              
legislature wants to do.                                                                                                        
                                                                                                                                
MS. VOGT said that  as far as tax stability is  concerned, she had                                                              
been involved in  corporate income taxes and other  taxes with the                                                              
state for more  than 20 years, and  she does not believe  that the                                                              
industry  has ever  said  that this  is  a good  time  to look  at                                                              
changing the  tax structure - except  in 1981, when it  was a good                                                              
time to repeal separate accounting.                                                                                             
                                                                                                                                
Number 2160                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PORTER said he  was a bit  confused; he  was under                                                              
the impression  that the  committee had  heard previous  testimony                                                              
that  leasehold property  was not  considered  property under  the                                                              
apportionment method.                                                                                                           
                                                                                                                                
Ms. Vogt said she  thinks that it is.  If one  drills a well, that                                                              
is  certainly property.   She  does not  think buying  a lease  is                                                              
property under modified apportionment.                                                                                          
                                                                                                                                
MR. WILLIAMS said  leases are in the property  factor before there                                                              
is production  from  them.  It  was his  recollection that  leased                                                              
property is  capitalized at eight  times the annual  lease rental.                                                              
For instance  if a  company had a  tract that  was bought in   the                                                              
1969  lease sale  for  $50 million,  it is  not  reflected as  $50                                                              
million  dollars  worth of  property  in that  company's  property                                                              
factor.   It would  only be  eight times  the annual  rental  of a                                                              
dollar an acre  times the number  of acres.  In relation  to total                                                              
worldwide property  in the hundreds  of millions, or  thousands of                                                              
millions,  something  in the  hundreds  of  thousands or  tens  of                                                              
thousands is a pretty thin slice, but it is not zero.                                                                           
                                                                                                                                
CHAIRMAN  WHITAKER  asked  Ms. Vogt  if  she  had  a copy  of  her                                                              
testimony.   She  said she  did not,  but  offered a  copy of  her                                                              
outline, explaining that she had not followed it very closely.                                                                  
                                                                                                                                
REPRESENTATIVE  CROFT confirmed  that  Mr. Dickinson  had given  a                                                              
good description of how the value of a leasehold is calculated.                                                                 
                                                                                                                                
Number 2006                                                                                                                     
                                                                                                                                
DAN  E.   DICKINSON,  Director,   Oil  and  Gas   Audit  Division,                                                              
Department of  Revenue, said he  did not have prepared  testimony,                                                              
but was available to answer questions.                                                                                          
                                                                                                                                
CHAIRMAN WHITAKER  invited Mr. Dickinson to comment  regarding the                                                              
testimony he had heard.                                                                                                         
                                                                                                                                
MR. DICKINSON  commented on a  question Representative  Porter had                                                              
raised.  Mr. Dickinson said there  are many figures that have been                                                              
generated  by  the Oil  and  Gas  Audit  Division that  deal  with                                                              
separate accounting  versus modified apportionment.   An important                                                              
thing   suggested by Representative  Porter is that  the severance                                                              
tax, or production  tax, is deductible for purposes  of the income                                                              
tax.   So  when one  says that  here is  what the  company or  the                                                              
industry would have  paid for income tax, it is  very important to                                                              
know whether that includes the changes  that were made in 1982 and                                                              
the changes that were made in 1989  or the production tax, because                                                              
they,  in  turn,  will  affect  the   income  tax.    When  making                                                              
comparisons, he  cautioned, one needs  to make sure that  it is an                                                              
apples-to-apples comparison.                                                                                                    
                                                                                                                                
CHAIRMAN  WHITAKER asked  Mr. Dickinson  whether he could  provide                                                              
that apples-to-apples comparison historically.                                                                                  
                                                                                                                                
MR. DICKINSON said the Oil and Gas  Audit Division is putting that                                                              
together.    As Tom  Williams  said,  there  was a  very  thorough                                                              
analysis  done  some  years  ago.     Each  oil  field  is  a  tax                                                              
partnership  and  files  returns  showing the  expenses  for  that                                                              
field.   The division  has those  numbers through  1997, and  just                                                              
received those for 1998.  The division  would have to estimate the                                                              
intervening years.   Because  there is a  two- or three-year  lag,                                                              
estimates have  gone out for the  intervening years, which  is why                                                              
there are so many numbers out there.                                                                                            
                                                                                                                                
Number 1882                                                                                                                     
                                                                                                                                
CHAIRMAN WHITAKER  asked to what  year the division  has completed                                                              
the audits and can provide accurate data.                                                                                       
                                                                                                                                
MR. DICKINSON said  through 1997, and that the  division should be                                                              
able to provide good data through 1998 fairly soon.                                                                             
                                                                                                                                
CHAIRMAN WHITAKER said it would be  helpful and appropriate if the                                                              
division could provide  the committee with the  data through 1997.                                                              
He said it  probably would not be  necessary to wait for  the 1998                                                              
figures because  it should  be possible to  see the trend  at that                                                              
point [by the end of 1997].                                                                                                     
                                                                                                                                
MR.  DICKINSON   said  the  division  could  put   that  together.                                                              
However, he  cautioned, for  the most recent  four or  five years,                                                              
the division  have to  asterisk the  actual figures because  there                                                              
are still ongoing  disputes with taxpayers.  He  suggested showing                                                              
the disputed figures to the taxpayers  and letting them comment so                                                              
that legislators could  get a sense of the range  between what the                                                              
state  thinks ought  to have  been  and what  the taxpayers  think                                                              
should have been.                                                                                                               
                                                                                                                                
CHAIRMAN WHITAKER said that would be helpful.                                                                                   
                                                                                                                                
[MR.  DICKINSON   and  CHAIRMAN   WHITAKER  discussed   when  that                                                              
information would be available to  the committee, and settled on a                                                              
deadline of four to six weeks hence.]                                                                                           
                                                                                                                                
REPRESENTATIVE  PORTER added that  he would like  to see  what the                                                              
figures would look  like with or without  the severance/production                                                              
tax increase that occurred in 1982.                                                                                             
                                                                                                                                
MR.  DICKINSON said  that  would  be relatively  easy  to do,  and                                                              
confirmed that  he was going to  provide not just a  comparison of                                                              
income under  modified apportionment  and separate accounting;  it                                                              
would also show  the effect of the increased  severance/production                                                              
in 1982 and to the ELF in 1989.                                                                                                 
                                                                                                                                
Number 1654                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRICE asked  if severance  tax is deductible  from                                                              
the  income  tax.   He  also  asked  whether  it is  a  one-to-one                                                              
deduction.                                                                                                                      
                                                                                                                                
MR.  DICKINSON explained  that under  modified apportionment,  the                                                              
production tax paid in Alaska is  deducted when one calculates the                                                              
worldwide  expenses of  the corporation.   As Alaska's  production                                                              
tax increased, income taxes went  down, but it was not by a factor                                                              
of one to one.                                                                                                                  
                                                                                                                                
REPRESENTATIVE BRICE  articulated a  quandary.  The  committee had                                                              
heard that  production tax was increased  to offset the  loss when                                                              
the   state  changed   from   separate  accounting   to   modified                                                              
apportionment.    But  if  those taxes  are  deductible  from  the                                                              
corporate  income  tax, is  the  state  still receiving  the  true                                                              
value?  Is there a gap there, or is the result revenue-neutral?                                                                 
                                                                                                                                
MR. DICKINSON  noted that royalties,  oil and gas  properties tax,                                                              
and the production  tax all are deductible for  purposes of income                                                              
tax.   In fact,  he said, if  the state  take is lumped  together,                                                              
that is the largest  single expense leading to  the calculation of                                                              
the  income  on  which  the  state bases  the  income  tax.    One                                                              
definitely affects the  other, and it is logical  that if payments                                                              
to  the state  are  on  the order  of  one  third, that  could  be                                                              
expected to  be reflected  in the profitability  or the  income of                                                              
(inaud.)                                                                                                                        
                                                                                                                                
Representative  Dyson asked  Mr. Dickinson  of he  could give  the                                                              
committee his  view of how  close the state  is to getting  the 30                                                              
percent profits from  the field that was talked about  in the late                                                              
1970s-early 1980s.                                                                                                              
                                                                                                                                
MR. DICKINSON  said that  material is  available and the  division                                                              
could certainly put something together for the committee.                                                                       
                                                                                                                                
REPRESENTATIVE DYSON  explained that what would  be valuable would                                                              
be to see today's  percentage in relation to whatever  people were                                                              
talking about in 1980.                                                                                                          
                                                                                                                                
MR. DICKINSON  said the  division can find  the 1980  analyses and                                                              
try to make comparable ones within 4-6 weeks.                                                                                   
                                                                                                                                
Number 1315                                                                                                                     
                                                                                                                                
MR. DICKINSON  then pointed  out that  discussion had centered  on                                                              
modified apportionment as it exists  versus separate accounting as                                                              
proposed in HB  307.  The universe isn't necessarily  defined with                                                              
only  those  two poles.    In  fact, the  state  changed  modified                                                              
apportionment,  and  there  is nothing  particularly  magic  about                                                              
having  three factors  weighted together.   In  fact, most  states                                                              
weight  the  factors separately.    In  the  Lower 48,  sales  are                                                              
usually weighted  higher than the other  factors.  If one  takes a                                                              
thorough look at the whole issue,  the whole fiscal system and the                                                              
whole  income tax  issue, it  shouldn't be  just in  terms of  the                                                              
aforementioned two  options, but should  look at a number  of ways                                                              
that modified apportionment might be made better.                                                                               
                                                                                                                                
CHAIRMAN WHITAKER  observed that Mr. Dickinson had  just opened an                                                              
entirely new  can of worms.   He asked  Mr. Dickinson if  he would                                                              
propose that the Administration make  recommendations to do as Mr.                                                              
Dickinson had just suggested.                                                                                                   
                                                                                                                                
MR. DICKINSON  replied that  it was  his personal suggestion,  but                                                              
that the Administration has not made a recommendation.                                                                          
                                                                                                                                
Number 1182                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT  offered closing comments regarding  what had                                                              
been covered thus far.  He noted  that an "interesting switch" had                                                              
occurred when Representative Porter  asked Mr. Dickinson about the                                                              
(unaud.).   He said he  thought it was  appropriate to  talk about                                                              
what the state lost  and what it then gained from  the increase in                                                              
the  production  tax in  1982.   But,  he  continued,  there is  a                                                              
tendency to  dwell on  changes that were  made seven  years later.                                                              
He said he does  not think it is appropriate  to offset everything                                                              
the state  has done since  [1982] to try  to prove that  the state                                                              
did  not lose  anything  from separate  accounting.   The  numbers                                                              
available now  from Mr. Dickinson  show about a $4.6  billion loss                                                              
and  that the  changes  to the  oil  production  or severance  tax                                                              
brought in about 2.8 [billion dollars],  for a net loss to date of                                                              
about $1.8  billion or a little  more.  Representative  Croft said                                                              
he would love to see solid numbers.                                                                                             
                                                                                                                                
REPRESENTATIVE  CROFT recalled  that Judy  Brady in her  testimony                                                              
had  suggested  that   there  may  be  a  problem   with  separate                                                              
accounting in that it penalizes the  highly profitable stage of an                                                              
operation,  and she called  that the  early part.   He said  he is                                                              
more worried,  however, about  a theoretical  oil and gas  company                                                              
that  has   service  stations   and  refining   but  very   little                                                              
production, and that  wants to use Alaska for its  production.  If                                                              
such a  company comes up  to Alaska and spends  a lot of  money to                                                              
drill  and explore,  under separate  accounting  Alaska would  not                                                              
charge [that  company] a cent until  it started to make  money; in                                                              
contrast, under  modified apportionment, Alaska gets  a portion of                                                              
[the   company's]  Illinois   service   stations  and   California                                                              
refinery, even while [the company] is losing money up here.                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT said  it seems  that modified  apportionment                                                              
discourages exploration because it  taxes a company when it is not                                                              
making  any money.   Ms.  Brady's point  was that  when a  company                                                              
starts to make  a lot of money,  in the middle of the  drilling of                                                              
the field,  separate accounting demands  its 9.4 percent  of that;                                                              
Representative Croft said he thinks  that is appropriate.  He said                                                              
he  is more  worried about  that early-early  part, when  separate                                                              
accounting asks a relevant question:  Are you making any money?                                                                 
                                                                                                                                
REPRESENTATIVE   GREEN   emphasized   that  he   thinks   separate                                                              
accounting asks  the relevant  question.  Even  if the  state does                                                              
have  [another big  oil  strike],  it still  is  asking the  wrong                                                              
question.  When a company is not  making much money in this state,                                                              
and when in a few years the state  loses some money under separate                                                              
accounting, he thinks that is fair.                                                                                             
                                                                                                                                
Number 0898                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT  referred  to Deborah  Vogt's  comment  that                                                              
there never seems  to be a good  time to change the tax  rate.  He                                                              
said he thinks it is part of the  legislature's job to take a look                                                              
at these  things periodically.   The impact  of "don't  change the                                                              
tax  rate" seems  to him  to be  a  scary idea  of abrogating  the                                                              
legislature's  ability  to  look at  these  things.   He  said  he                                                              
believes the legislature  should periodically review  the tax rate                                                              
to make sure  that it is fair,  and that the state is  getting its                                                              
fair share.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CROFT   then  spoke  to  Representative   Porter's                                                              
question about what system other  states use.  He said that to the                                                              
best  of  his  knowledge,  Oklahoma  and  Louisiana  use  separate                                                              
accounting,  Texas  does not  have  a  corporate income  tax,  and                                                              
California  essentially uses  both.   More  important, the  United                                                              
States government uses separate accounting  to figure out how much                                                              
is owed for United  States income taxes.  It is  basically, in the                                                              
United States, the preferred method  for taxing oil and gas income                                                              
for the reason  that the apportionment factor  does not accurately                                                              
reflect the  profit of the  oil and gas  industry.  When  one puts                                                              
together sales,  property and  payroll, it just  does not  give an                                                              
accurate  image  of what  a  producing  state  is making  for  the                                                              
company.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  DYSON  said  he was  intrigued  by  Representative                                                              
Croft's analysis that separate accounting  makes it less risky and                                                              
more attractive  for people  wanting to explore  and develop.   He                                                              
asked to hear the other side's perspective on that.                                                                             
                                                                                                                                
TAPE 00-15, SIDE A                                                                                                              
                                                                                                                                
MS. BRADY  expressed appreciation  for the opportunity  to present                                                              
another perspective.                                                                                                            
                                                                                                                                
STEVE MAHONEY, Associate  General Tax Officer, ARCO,  said that in                                                              
practicing  tax law  for  more than  20 years,  he  has filed  tax                                                              
returns in  just about every state  in this country, both  for oil                                                              
and  gas   companies  and  other   companies.    He   referred  to                                                              
Representative Dyson's question regarding  noncompetitiveness.  He                                                              
pointed out  that AOGA is  made up of  17 very diverse  companies.                                                              
Those members have different operations  domestically and foreign,                                                              
different  operations  in  Alaska  and  in  other  states.    Most                                                              
important,  some of  those within  the  17 companies  do not  have                                                              
production like  some of  the larger companies,  yet all  17 agree                                                              
that  they would  like the  current modified  apportionment to  be                                                              
retained.   AOGA has  not asked  not to  increase taxes,  he said.                                                              
Not one  of AOGA members  has said that.   "What AOGA has  said is                                                              
that this  type of  income taxation  is complicated,   convoluted,                                                              
misunderstood,  and creates  all  sorts of  uncertainties for  the                                                              
future," he added.                                                                                                              
                                                                                                                                
Number 0176                                                                                                                     
                                                                                                                                
MR. MAHONEY  addressed noncompetitiveness.   He said if  a company                                                              
does business  in two states, and  if, say, the activity  is 50-50                                                              
in two  states and  the company  earns  $1, it has  $1 of  income.                                                              
Under modified  apportionment, presumably, that company  would get                                                              
50 cents'  worth of  income in one  state and  50 cents'  worth of                                                              
income in  the other  state; each  state taxes  based on  the rate                                                              
that they want  to apply.  If,  however, the company is  doing all                                                              
of  its business  in  Washington  State and  decides  to become  a                                                              
producer in  Alaska, in the first  several years of  that activity                                                              
the company  truly does  not have  any Alaska  revenues.   It does                                                              
have  activity in  the state.   Well,  if it has  activity in  the                                                              
state,  the way  modified  apportionment or  apportionment  works,                                                              
activity goes away  from the State of Washington.   Therefore, the                                                              
company's tax  in the State of  Washington goes down,  even though                                                              
it does pay some tax in Alaska.                                                                                                 
                                                                                                                                
MR.  MAHONEY continued  with his  example.   He asked:   Does  the                                                              
company's net tax liability go up?   Most likely not, he answered,                                                              
except for the difference in rates  [between the two states].  The                                                              
activity  is  weighted  between the  two.    So  it is  not  anti-                                                              
competitive.   The company does not  pay more taxes than  it would                                                              
have  otherwise.     In  the  State  of  Washington   (just  as  a                                                              
hypothetical  example),  the legislature  is  determined that  its                                                              
best  interest  is served  by  having  a  company that  is  multi-                                                              
dimensional, is multi-state, can  operate and undertake activities                                                              
in other  states, and is healthy  and vibrant; Washington  taxes a                                                              
portion  of  all of  the  income  of all  of  the income  of  that                                                              
corporation.  Washington  is  willing to let go of  a piece of the                                                              
pie because  it knows  the pie  grows as  the company develops  in                                                              
other places,  and Washington  gets a lesser  portion of  a bigger                                                              
pie.                                                                                                                            
                                                                                                                                
Number 0315                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON referred to  the more  narrow question  of a                                                              
company  considering   investing,  exploring  and   developing  in                                                              
Alaska,  and the  fact that  under separate  accounting, it  would                                                              
incur   no    tax   liability   until   it    started   producing.                                                              
Representative  Dyson  said he  thought Representative  Croft  was                                                              
saying that  it is "an incentive  for new guys to bring  their bag                                                              
of marbles and come  and play."  He said he  appreciated the point                                                              
that Mr. Mahoney raised, that modified  apportionment may decrease                                                              
an existing  tax liability  in other places  where the  company is                                                              
operating; however,  he asked Mr. Mahoney if he could  speak to or                                                              
refute Representative  Croft's position  that separate  accounting                                                              
appears to be  attractive because a company incurs  no liabilities                                                              
until it starts making money.                                                                                                   
                                                                                                                                
MR. MAHONEY  replied that zero is  better than some number  as far                                                              
as  tax liability  is concerned.    The question  is the  overall.                                                              
Modified apportionment  is a very  simple calculation.   A company                                                              
takes  its  federal income  tax,  makes  a few  adjustments,  then                                                              
multiplies  it  by   a  percentage  of  activity   in  the  state.                                                              
Everybody understands  it.  Separate  accounting does  not provide                                                              
that.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  PORTER   referred  to  testimony   that  Oklahoma,                                                              
Louisiana and  California -  all producing  states - use  separate                                                              
accounting.  He  asked:  If apportionment is much  more beneficial                                                              
to the industry, why do these states not use it?                                                                                
                                                                                                                                
Number 0520                                                                                                                     
                                                                                                                                
MR.  MAHONEY explained  that  separate  accounting  is defined  in                                                              
different  ways   in  different  states.    There   are  different                                                              
formulas, different  methods, and so  on.  For  example, Louisiana                                                              
has  separate  accounting  but allows  for  percentage  depletion,                                                              
which is  the largest deduction the  oil industry has ever  had on                                                              
an income  tax return.   That  depletion allowance  was part  of a                                                              
negotiation  between the  state and  the oil industry  as to  what                                                              
would make  the industry  work in  the state,  what would  promote                                                              
development,  and  what  would  get  the  state  its  fair  share.                                                              
Mississippi  has separate  accounting.   For those  two state,  it                                                              
works.                                                                                                                          
                                                                                                                                
MR.  MAHONEY  continued.   He  said  oil  and  gas are  really  no                                                              
different  from  timber, mining,  or  any other  natural  resource                                                              
industry.  All of the other states  in the Union that apply income                                                              
taxes  -including Texas,  through its  franchise tax,  which is  a                                                              
franchise   tax   based  on   income   -  have   determined   that                                                              
apportionment is the methodology  that works best in the long term                                                              
to get the largest pie and to get  the state's piece.  The federal                                                              
government  does  not  use  separate   accounting.    The  federal                                                              
government taxes  all of the  income in the  whole world as  if it                                                              
were U.S. income, and then applies credits for other taxes paid.                                                                
                                                                                                                                
[HB 307 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0670                                                                                                                     
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Special Committee  on Oil and Gas  meeting was adjourned  at 11:43                                                              
a.m.                                                                                                                            
                                                                                                                                

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