Legislature(2009 - 2010)SENATE FINANCE 532

02/18/2010 09:00 AM Senate FINANCE


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Audio Topic
09:00:51 AM Start
09:02:47 AM Production Tax Credits
10:24:23 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Production Tax Review: TELECONFERENCED
Tax Credits
Dept of Revenue & other Administrative
Representatives
-- Testimony <Invitation Only> --
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 18, 2010                                                                                          
                         9:00 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:00:51 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 9:00 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donny Olson                                                                                                             
Senator Charlie Huggins, Vice-Chair                                                                                             
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Pat Galvin, Commissioner, Department of Revenue; Lennie                                                                         
Dees, Audit Master, Tax Division, Department of Revenue;                                                                        
Senator John Coghill; Senator Hollis French                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
2010 OIL & GAS PRODUCTION TAX REVIEW                                                                                            
                                                                                                                                
^PRODUCTION TAX CREDITS                                                                                                       
                                                                                                                                
9:02:47 AM     AT-EASE                                                                                                        
9:04:45 AM     RECONVENED                                                                                                     
                                                                                                                                
PAT GALVIN, COMMISSIONER, DEPARTMENT OF REVENUE, listed the                                                                     
agenda of the presentation and introduced Mr. Dees.                                                                             
                                                                                                                                
9:07:15 AM                                                                                                                    
                                                                                                                                
LENNIE  DEES,  AUDIT  MASTER, TAX  DIVISION,  DEPARTMENT  OF                                                                    
REVENUE, related  that he oversees the  production tax audit                                                                    
group and the  administration of the tax  credit program. He                                                                    
stressed   that  many   manual  processes   are  used   when                                                                    
administering the program. He stated  that the tax credit is                                                                    
the part  of ACES  that created  a lot  of new  activity and                                                                    
interaction with taxpayers,  and as a result,  the tax audit                                                                    
group had to change its structure.                                                                                              
                                                                                                                                
Mr. Dees shared  slide 2 - the overview  of the presentation                                                                    
entitled, "Production Tax Credits"  (copy on file): types of                                                                    
tax   credits,  credits   applied  against   tax  liability,                                                                    
transferable tax  credit certificates, cash  refund history,                                                                    
and tax credit analysis.                                                                                                        
                                                                                                                                
9:10:09 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  commented  on  the  significance  of  the                                                                    
credits. The  state, through the credits,  is increasing its                                                                    
share   of  the   upfront  capital   cost  going   into  the                                                                    
development.  The credits  are very  sensitive; a  change in                                                                    
the percentage  of credit  creates a  huge shifting  of cash                                                                    
flow between the industry and  the sovereign. The larger the                                                                    
credit, the  more the upfront  development cost goes  to the                                                                    
sovereign, and  it significantly  alters the rate  of return                                                                    
to the industry.                                                                                                                
                                                                                                                                
9:11:23 AM                                                                                                                    
                                                                                                                                
Mr. Dees  began by discussing  the types of credits  - slide                                                                    
3.  Capital expenditure  credits found  in AS  43.55.023 are                                                                    
for  capital  activities  that companies  undertake  in  the                                                                    
production of  oil and gas.  Exploration credits  consist of                                                                    
two types;  one is for  capital expenditures and one  is for                                                                    
exploration incentives.  The Net Operating Loss  (NOL) Carry                                                                    
Forward Credits are for companies  just starting up, for use                                                                    
before  the  revenue  stream   picks  up.  The  Transitional                                                                    
Investment Expenditure Credit  allows expenditures that were                                                                    
allowed before PPT came into  effect. Small Producer Credits                                                                    
are self-explanatory.                                                                                                           
                                                                                                                                
9:13:47 AM                                                                                                                    
                                                                                                                                
Mr. Dees turned  to the Capital Expenditure  Credits - slide                                                                    
4.   He  said   that   20  percent   of  qualified   capital                                                                    
expenditures  (QCE)  may  also  qualify  for  carry  forward                                                                    
credit. They  include drilling, construction  of facilities,                                                                    
and  new  equipment, and  may  also  qualify for  NOL  Carry                                                                    
Forward  Credit. The  same expenditures  do not  qualify for                                                                    
additional EIC credit. The expenditures  must be spread over                                                                    
two years, a change that was  made by ACES effective July 1,                                                                    
2007. The credits may be cashed or transferred.                                                                                 
                                                                                                                                
9:18:09 AM                                                                                                                    
                                                                                                                                
Mr.  Dees  explained  the  two  main  types  of  exploration                                                                    
credits - slides  5 - 8. The capital  credit for exploration                                                                    
activity is  a 20 percent credit.  Expenditures that qualify                                                                    
include   geologic    and   geophysical    exploration,   or                                                                    
expenditures  incurred  in   connection  with  drilling  and                                                                    
exploration  wells, and  must be  spread  across two  years.                                                                    
They may also qualify for  NOL Carry Forward Credits and may                                                                    
be cashed or transferred.  The exploration incentive credits                                                                    
can be  30 percent to  40 percent of  qualified expenditures                                                                    
depending on  well location and proximity  to existing wells                                                                    
and   unit   boundaries.  Qualified   expenditures   include                                                                    
expenses   associated    with   seismic    and   geophysical                                                                    
exploration  work,  and  exploration  well  drilling.  These                                                                    
expenditures  may  qualify  for  NOL  credits,  but  do  not                                                                    
qualify for  Capital Expenditure Credit. To  receive credit,                                                                    
taxpayer  must  provide  certain  well data  to  DNR.  These                                                                    
credits expire in 2016 and may be cased or transferred.                                                                         
                                                                                                                                
9:20:48 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  inquired about  a hypothetical  example of                                                                    
someone  in  Prudhoe/Kuparuk that  would  qualify  for a  20                                                                    
percent  capital credit  for a  project and  someone outside                                                                    
that  arena who  qualifies  for a  40  percent credit  going                                                                    
after that  exploration. He wondered  how much  upfront cash                                                                    
the  industry would  have to  provide  and how  much of  the                                                                    
burden   is  on   the  sovereign,   including  the   federal                                                                    
government.                                                                                                                     
                                                                                                                                
9:22:36 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman clarified that $100  would be expended on a                                                                    
project   with  a   capital   credit.  Commissioner   Galvin                                                                    
responded  that   the  $100  would  be   deducted  from  the                                                                    
production tax value which will  reduce the tax depending on                                                                    
the price of  oil and progressivity. It could  be 25 percent                                                                    
or higher.  In addition, the  expense would qualify  for the                                                                    
20 percent  credit. Taxes  would be reduced  by at  least 45                                                                    
percent.  An explorer  outside the  unit that  qualifies for                                                                    
the exploration credit would be  able to deduct a further 25                                                                    
percent as  well. He  explained how  the zero  tax liability                                                                    
deduction is  achieved. He gave  an example of how  a dollar                                                                    
amount would be divided by various taxes.                                                                                       
                                                                                                                                
9:24:40 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  requested a bar  chart which  would depict                                                                    
the impact of the credits to the various entities.                                                                              
                                                                                                                                
Senator Egan asked if the  NOL credits could be transferred.                                                                    
Mr. Dees explained  the NOL carry forward credit  - slide 9.                                                                    
There is  a 25  percent net  operating loss  applied against                                                                    
tax  liability in  the  following year.  The  credit can  be                                                                    
cashed  or   transferred.  Senator  Egan  referred   to  the                                                                    
previous  slide  and  asked  about  the  expiration  of  the                                                                    
exploration incentive credits in 2016.                                                                                          
                                                                                                                                
Commissioner  Galvin  explained   how  the  expiration  date                                                                    
works. The date  is set and then the program  is examined to                                                                    
see how it  is being utilized. If it is  being used then the                                                                    
expiration  date   tends  to  get   pushed  back.   As  2016                                                                    
approaches the legislature will  determine whether or not to                                                                    
extend the date.                                                                                                                
                                                                                                                                
Commissioner   Galvin  addressed   Senator  Egan's   initial                                                                    
question  about whether  the loss  could be  transferred. He                                                                    
explained that  the loss itself cannot  be transferred until                                                                    
it becomes  a credit; however,  it could be valuable  to the                                                                    
company as  a credit which  is cashed  back to the  state or                                                                    
transferred to another taxpayer.                                                                                                
                                                                                                                                
9:29:39 AM                                                                                                                    
                                                                                                                                
Mr.  Dees   commented  further  on  the   NOL  credits.  The                                                                    
expenditures that do lead to  the net operating loss include                                                                    
both operating and capital expenditures.                                                                                        
                                                                                                                                
Mr.  Dees  turned  to slide  10  -  transitional  investment                                                                    
expenditure (TIE) credits. The  TIE credit equals 20 percent                                                                    
of  qualifying  capital   expenditures  that  were  incurred                                                                    
between March 31,  2001 and April 1, 2006 and  do not exceed                                                                    
10  percent of  the  capital  expenditures incurred  between                                                                    
March 31, 2006 and January  1, 2008. He explained that there                                                                    
was a  limit on the  amount of credit companies  could take.                                                                    
He continued  to explain  that ACES  revised the  statute to                                                                    
only  cover producers  or  explorers  not having  production                                                                    
prior  to  January   1,  2008.  The  TIE   credits  are  not                                                                    
transferable  and may  not be  carried forward  beyond 2013.                                                                    
The   same  capital   expenditures  may   not  qualify   for                                                                    
exploration credit under AS 43.55.025.                                                                                          
                                                                                                                                
Commissioner Galvin  added that these were  credits put into                                                                    
place by  PPT as  the "look  back" or  "claw back"  and were                                                                    
intended to provide a  recognition for investments companies                                                                    
had made leading up to the  transition from ELF to PPT. When                                                                    
ACES changes  were made, the  TIE credits were  eliminated -                                                                    
were  capped at  the date  ACES become  effective. Companies                                                                    
that did not have production  earned a TIE credit. There are                                                                    
a small number of TIE credits outstanding.                                                                                      
                                                                                                                                
9:33:44 AM                                                                                                                    
                                                                                                                                
Mr.  Dee explained  the small  producer credit  - slide  11.                                                                    
There  are two  small producer  credits. In  AS 43.55.024(a)                                                                    
there is  a $6 million  credit against tax  liability. Small                                                                    
producer credits are available  for companies producing less                                                                    
than 50,000  bbl/day of oil BTU-equivalent.  Production must                                                                    
be from  wells outside  of Cook Inlet  and the  North Slope.                                                                    
The credit  expires in  2016 or nine  years after  the first                                                                    
commercial oil or gas production  if before May 1, 2016. The                                                                    
credits  may  not  be  cashed   or  transferred  or  carried                                                                    
forward.                                                                                                                        
                                                                                                                                
9:35:22 AM                                                                                                                    
                                                                                                                                
Mr.  Dees  explained  the small  producer  credit  under  AS                                                                    
43.55.02(c)  -  slide  12.  This  credit  is  available  for                                                                    
companies  producing not  more than  100,000 bbl/day  of oil                                                                    
BUT-equivalent. The  credit ranges  between $12  million and                                                                    
zero,  depending upon  the level  of production.  Credit can                                                                    
only be applied against tax  liability and production is not                                                                    
restricted by region.                                                                                                           
                                                                                                                                
Mr. Dees  turned to slide  14 - credits applied  against tax                                                                    
liability. The  credits may  be claimed in  up to  two ways:                                                                    
all credits  may be applied  against tax liability  and some                                                                    
credits  may be  converted  into a  transferable tax  credit                                                                    
certificate.  He  noted that  the  .023(a)  credits must  be                                                                    
split  over two  years. The  NOL, TIE,  small producer,  and                                                                    
.025  credits must  all be  used in  the current  year. Some                                                                    
credits  may be  converted  into a  transferable Tax  Credit                                                                    
Certificate.                                                                                                                    
                                                                                                                                
9:39:19 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked if  .025(a) credits  are exploration                                                                    
credits. Mr. Dees said they were.                                                                                               
                                                                                                                                
Mr. Dees  explained a chart  on slide 15 tax  credits earned                                                                    
by producers by tax year.  The numbers represent millions of                                                                    
dollars.  He   discussed  each   credit  by   year:  Capital                                                                    
Expenditure, TIE, Small  Producer, and Exploration Incentive                                                                    
Credits. Co-Chair  Stedman asked  if $1,276,000 is  what the                                                                    
state reimbursed  the industry for drilling  exploration and                                                                    
capital work. Mr. Dees said  it was not what was reimbursed,                                                                    
but  the credits  companies  claimed  they earned.  Co-Chair                                                                    
Stedman  clarified  that  the companies  are  deducting  the                                                                    
credits,  which results  in  a direct  impact  on the  state                                                                    
treasury.  Mr. Dees  disagreed and  turned to  slide 16  for                                                                    
more explanation.                                                                                                               
                                                                                                                                
9:42:08 AM                                                                                                                    
                                                                                                                                
Mr. Dees  related that  the chart  shows what  the companies                                                                    
would eventually be  able to deduct. Some  of the deductions                                                                    
must  be  taken the  second  year.  He  noted that  the  law                                                                    
changed in 2007.                                                                                                                
                                                                                                                                
Co-Chair Stedman  restated that the state  treasury would be                                                                    
shy $1,276,000 as shown in  the previous slide. Commissioner                                                                    
Galvin pointed  out that slide  15 is figured on  an accrual                                                                    
basis  and slide  16 is  figured on  a cash  basis. Co-Chair                                                                    
Stedman stressed  that these credits  have huge  impacts. He                                                                    
requested   further   information   about  who   is   paying                                                                    
exploration costs on a net basis.                                                                                               
                                                                                                                                
9:45:07 AM                                                                                                                    
                                                                                                                                
Senator Thomas asked if any  company qualifies for the small                                                                    
producer credits. Mr. Dees replied  that most of the credits                                                                    
were (c).  Senator Thomas asked  for a breakdown of  (a) and                                                                    
(c)  credits. Mr.  Dees  pointed out  that  the charts  were                                                                    
derived  from  tax  files.  Senator  Thomas  requested  more                                                                    
information about AS 43.55.024(a)  and (c) credits. Mr. Dees                                                                    
summarized the request: how many  small producer credits are                                                                    
for  areas  outside and  inside  Cook  Inlet and  the  North                                                                    
Slope. Co-Chair  Stedman thought  that information  would be                                                                    
provided later on.                                                                                                              
                                                                                                                                
Senator Thomas asked if net  operating loss credits could be                                                                    
converted  to  transferable  credits.  Mr.  Dees  said  they                                                                    
could.                                                                                                                          
                                                                                                                                
9:47:56 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  referred to slide  15 and asked  about TIE                                                                    
credits, which  are no longer  available. He noted  that the                                                                    
largest credit  is now capital expenditure,  which increased                                                                    
by  $140  million  from  2006  to  2008.  He  wondered  what                                                                    
happened  in that  area in  2009. Co-Chair  Stedman inquired                                                                    
what might happen in 2010.                                                                                                      
                                                                                                                                
Commissioner  Galvin  referred  to the  capital  expenditure                                                                    
level  chart   from  yesterday.   He  stated   that  capital                                                                    
expenditure credits are expected  to go up. Co-Chair Stedman                                                                    
asked  for  that  information. Co-Chair  Hoffman  agreed  it                                                                    
would  be  good  to  see  those  numbers.  Co-Chair  Stedman                                                                    
appreciated how slides 15 and 16 were set up.                                                                                   
                                                                                                                                
9:50:53 AM                                                                                                                    
                                                                                                                                
Commissioner Galvin  explained how the charts  were prepared                                                                    
based on  tax returns.  There are  currently no  tax returns                                                                    
available for 2009. He offered to provide an estimate.                                                                          
                                                                                                                                
9:52:18 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman saw  capital  expenditure  credits on  the                                                                    
rise. He  thought the exploration incentive  credits weren't                                                                    
working and  suggested the industry  should do  more seismic                                                                    
drilling and  exploration. Mr. Dees explained  that this set                                                                    
of taxpayers  is made up of  producers. Exploration activity                                                                    
is  from   the  explorers  who  don't   currently  have  tax                                                                    
liability.  He also  informed the  committee  that the  year                                                                    
2006 shows  information from only nine  months, whereas 2007                                                                    
and  2008  are full  years.  Co-Chair  Stedman reminded  the                                                                    
committee   that  the   main   capital  expenditure   credit                                                                    
expenditure  of $828  million  is taken  off  the top.  That                                                                    
figure does  not appear in  committee summary  documents. An                                                                    
attempt is  being made  to show the  total revenue  with the                                                                    
capital credit  taken off in  order to keep better  track of                                                                    
the credit.                                                                                                                     
                                                                                                                                
Mr. Dees agreed it was one of the challenges.                                                                                   
                                                                                                                                
9:56:04 AM                                                                                                                    
                                                                                                                                
Mr. Dees turned to slides 17  and 18, which he said may help                                                                    
answer  a  previous  question.   They  contains  bar  charts                                                                    
showing the credits applied against  tax liability - credits                                                                    
claimed and  credits applied against  tax filings  from 2006                                                                    
to 2008.                                                                                                                        
                                                                                                                                
Mr. Dees  detailed the  graph on slide  19 which  shows both                                                                    
credits  earned and  applied to  the  tax. The  gap in  2008                                                                    
remained the  same. There  has been talk  of taking  the tax                                                                    
credit to  sixty percent of  the credits earned.  This would                                                                    
result in  an immediate  impact to the  state of  about $200                                                                    
million.                                                                                                                        
                                                                                                                                
9:59:36 AM                                                                                                                    
                                                                                                                                
Mr.  Dees  moved  to  slide 21  -  transferable  tax  credit                                                                    
certificates.   Since   2001,    211   transferable   credit                                                                    
certificates have  been issued. Of those,  $228,900,000 have                                                                    
been for capital expenditure  credits, $64,900,000 have been                                                                    
for  capital expenditures  for  exploration activities,  and                                                                    
$340,000,000 have been for NOL credits.                                                                                         
                                                                                                                                
Co-Chair  Stedman  asked if  there  was  information on  the                                                                    
breakdown of  the credits  within the  oil basins.  Mr. Dees                                                                    
reported that  he has information  that will show  where the                                                                    
capital expenditures are happening within the oil basins.                                                                       
                                                                                                                                
Commissioner  Galvin  explained  that the  department  would                                                                    
provide  representation of  where the  economic drivers  are                                                                    
within the fields.                                                                                                              
                                                                                                                                
Senator   Thomas  asked   when  the   "true  up"   is  done.                                                                    
Commissioner Galvin replied that will  be done on the annual                                                                    
return on March 31.                                                                                                             
                                                                                                                                
Senator Thomas asked  about the dates on slide  21. Mr. Dees                                                                    
replied that  the transferable  tax credit  certificates are                                                                    
current through February of 2010.                                                                                               
                                                                                                                                
Commissioner Galvin  informed the committee that  the credit                                                                    
certificates   can   be   applied  for   during   the   year                                                                    
expenditures are made.                                                                                                          
                                                                                                                                
10:03:49 AM                                                                                                                   
                                                                                                                                
Mr.  Dees   detailed  slide  22,  transferable   tax  credit                                                                    
certificates - exploration tax  credits, which originated in                                                                    
2003. Since  then, there have  been 59  applications. Growth                                                                    
expenditures   claimed   total   $945,200,000.   There   are                                                                    
currently  23  applications  in  progress,  which  represent                                                                    
gross expenditures  of $439,900,000  requesting $148,300,000                                                                    
in credits.                                                                                                                     
                                                                                                                                
Mr.  Dees  reviewed the  bar  graph  on slide  23  depicting                                                                    
exploration  tax credit  applications since  2005. He  noted                                                                    
that the  applications received in  2007 and  2008 increased                                                                    
due  to  exploration  activity. He  explained  that  statute                                                                    
requires that within six months  after the drilling activity                                                                    
the application for the exploration  credits must be applied                                                                    
for. He  noted the great  amount of exploration  activity in                                                                    
2009.                                                                                                                           
                                                                                                                                
10:06:53 AM                                                                                                                   
                                                                                                                                
Mr.  Dees discussed  slide  25 -  cash  refunds history.  In                                                                    
order  for the  state to  purchase transferrable  tax credit                                                                    
certificates, certain requirements must  be met. In order to                                                                    
cash  the  certificates, they  must  be  usable against  tax                                                                    
liability. They  also must show subsequent  lease bids equal                                                                    
to  the cash  sought. They  must have  a zero  tax liability                                                                    
owed in current and past years  and have no more than 50,000                                                                    
barrels per day of oil production.                                                                                              
                                                                                                                                
Mr.  Dees explained  slide  26 -  tax  credits purchased  by                                                                    
fiscal   year.   The   total   of   credits   purchased   is                                                                    
$400,200,000, a  current figure  through February  12, 2010.                                                                    
Slide 27 explains the oil and  gas tax credit fund which has                                                                    
a current balance of $90,000,000.                                                                                               
                                                                                                                                
10:09:25 AM                                                                                                                   
                                                                                                                                
Mr.  Dees  turned  to  slide   29  -  tax  credit  analysis:                                                                    
qualified  capital  expenditure  deductions.  The  slide  is                                                                    
based  on tax  filings  and is  broken  down by  exploration                                                                    
area:  Legacy  Fields, Cook  Inlet,  and  other North  Slope                                                                    
Fields.                                                                                                                         
                                                                                                                                
Co-Chair Stedman asked which fields  were Legacy Fields. Mr.                                                                    
Dees said  they were  Kuparuk and Prudhoe.  Co-Chair Stedman                                                                    
wondered if  they included Alpine.  Mr. Dees  explained that                                                                    
Alpine is included in the "Other North Slope" category.                                                                         
                                                                                                                                
Co-Chair Stedman  looked at the  total of $1.76  billion for                                                                    
the Legacy Fields  and wondered if the  credit numbers would                                                                    
match. Mr.  Dees referred  back to slide  15 to  explain the                                                                    
capital expenditure credits.                                                                                                    
                                                                                                                                
10:12:47 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman asked  about an  estimate for  FY 09.  Mr.                                                                    
Dees did not know if  the estimates were available. Co-Chair                                                                    
Stedman   also   wanted   to    know   about   credits   for                                                                    
infrastructure in the Legacy Fields and other fields.                                                                           
                                                                                                                                
10:14:55 AM                                                                                                                   
                                                                                                                                
Mr. Dees  explained slide  30 -  credits claimed  under .023                                                                    
against tax  liability. This graph includes  all fields that                                                                    
were reported  on tax  returns. It is  about 20  percent for                                                                    
credits claimed for expenditures.                                                                                               
                                                                                                                                
Co-Chair Stedman asked  for a comparison of  this chart with                                                                    
the previous  one. Mr.  Dees related that  this is  what the                                                                    
producers claim on tax files and are subject to audit.                                                                          
                                                                                                                                
Co-Chair Hoffman  referred back  to slide  16 and  wished to                                                                    
compare that data  to slide 30. Mr. Dees said  he would have                                                                    
to check on it.                                                                                                                 
                                                                                                                                
10:17:21 AM                                                                                                                   
                                                                                                                                
Mr.   Dees  talked   about  slide   31   -  capital   credit                                                                    
certificates under .023(a)(1).                                                                                                  
                                                                                                                                
Senator Thomas  referred to  slides 21 and  22 and  asked if                                                                    
the tax credits were current. Mr. Dees said they were.                                                                          
                                                                                                                                
10:19:15 AM                                                                                                                   
                                                                                                                                
Mr. Dees  discussed slide 32  - capital  credit certificates                                                                    
under  .023(a)(2)  -  for  exploration  activity.  Slide  33                                                                    
corresponds to  slide 21 and  shows expenditures  versus NOL                                                                    
credit certificates.                                                                                                            
                                                                                                                                
Mr. Dees said  that slide 34 shows  expenditures versus .025                                                                    
exploration credit applications.                                                                                                
                                                                                                                                
10:21:14 AM                                                                                                                   
                                                                                                                                
Mr. Dees  concluded with  slide 35.  He summarized  that the                                                                    
Legacy North  Slope Fields  increased in  producers' capital                                                                    
expenditures  from  2006-2008,   but  plateaued  in  capital                                                                    
deductions  from 2007-2008.  In the  non-legacy North  Slope                                                                    
fields and  in Cook  Inlet, there was  a steady  increase in                                                                    
capital  expenditures. Since  2007,  the exploration  credit                                                                    
applications have  more than doubled. There  was an increase                                                                    
in .023(a)(2)  and in  NOL credits in  2007 and  2008, which                                                                    
suggests an increase in exploration activity.                                                                                   
                                                                                                                                
Co-Chair Stedman  returned to slide  22 and asked  how Point                                                                    
Thomson would  affect the chart.  Mr. Dees pointed  out that                                                                    
some  capital expenditures  were claimed  in 2008.  Co-Chair                                                                    
Stedman  requested projected  information for  Point Thomson                                                                    
in 2009. Mr.  Dees explained that he chose  Legacy Fields as                                                                    
defined in  statute to depict  in the charts. He  offered to                                                                    
provide the requested information.                                                                                              
                                                                                                                                
10:24:23 AM                                                                                                                   
                                                                                                                                
Co-Chair   Stedman  explained   the  reasoning   behind  the                                                                    
requests for  more information. Exploration  and development                                                                    
for new  oil impacts  the state's treasury  now and  will in                                                                    
the future.                                                                                                                     
                                                                                                                                
Senator  Ellis  thought  the presentation  was  helpful.  He                                                                    
opined   that  the   public  lacks   knowledge  about   this                                                                    
information. Co-Chair  Stedman agreed  that it is  a complex                                                                    
topic.                                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:25 AM.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
2010 DOR Production Tax Credits SFC.pdf SFIN 2/18/2010 9:00:00 AM
Oil and Gas Production Tax Review
Agenda 021810 am.docx SFIN 2/18/2010 9:00:00 AM
2010 02 18 Response DOR OG Tax Credits Ovrvw and Forecast.pdf SFIN 2/18/2010 9:00:00 AM
Oil and Gas Production Tax Review
2010 02 18 Response State Tax Credits Purchased 2007-10.pdf SFIN 2/18/2010 9:00:00 AM
Oil and Gas Production Tax Review