Legislature(2025 - 2026)BUTROVICH 205

02/19/2025 03:30 PM Senate RESOURCES

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Audio Topic
03:30:25 PM Start
03:31:12 PM Eo 136
03:51:04 PM SB92
04:58:04 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 92 CORP. INCOME TAX; OIL & GAS ENTITIES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SSCR 1 DISAPPROVE EO 136 TELECONFERENCED
Moved SSCR 1 Out of Committee
Uniform Rule 23 Waived
-- Invited & Public Testimony --
Bills Previously Heard/Scheduled:
EO 136 ESTABLISH DEPT. OF AGRICULTURE
**Streamed live on AKL.tv**
          SB  92-CORP. INCOME TAX; OIL & GAS ENTITIES                                                                       
                                                                                                                                
3:51:04 PM                                                                                                                    
CHAIR GIESSEL announced  the consideration of SENATE  BILL NO. 92                                                               
"An Act establishing an income  tax on certain entities producing                                                               
or transporting  oil or gas  in the  state; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
CHAIR GIESSEL gave  an overview of S corporations  in Alaska. She                                                               
pointed  to the  Department of  Commerce, Community  and Economic                                                               
Development  (DCCED),  Division  of  Corporations,  business  and                                                               
professional   licensing   website   for  a   definition   of   S                                                               
corporations: small business entities that  opt to be taxed under                                                               
subchapter S of the Internal Revenue Code.                                                                                      
                                                                                                                                
3:52:15 PM                                                                                                                    
CHAIR GIESSEL  continued with her  overview of S  corporations in                                                               
Alaska  and explained  that  S corporations  do  not pay  federal                                                               
income taxes; instead, taxes are  levied on shareholders based on                                                               
their ownership  percentage. She listed  some of the  criteria to                                                               
qualify as an S corporation.                                                                                                    
                                                                                                                                
3:53:21 PM                                                                                                                    
CHAIR GIESSEL  said Alaska adopted  the federal tax code  when it                                                               
became a state eliminated and  eliminated its personal income tax                                                               
in 1980.  This meant that  S corporations were no  longer subject                                                               
to corporate income  tax. S corporations were  relatively rare at                                                               
the  time  but have  since  become  quite  common in  Alaska  and                                                               
elsewhere  and  the  resulting tax  structure  surrounding  these                                                               
entities became  known as  the S  corporation loophole.  She said                                                               
closing  the S  corporation loophole  has been  recommended since                                                               
2014,  including a  recent recommendation  in  the Department  of                                                               
Revenue's  January  2021  Indirect  Expenditure  Report  for  the                                                               
state.  The  Department of  Revenue  estimated  that over  fiscal                                                               
years 2022 and  2023, Alaska lost $194 million in  revenue due to                                                               
this loophole.                                                                                                                  
                                                                                                                                
3:56:40 PM                                                                                                                    
CHAIR GIESSEL noted that the  owners of S corporations, typically                                                               
high-income earners, usually own large  companies and pay the top                                                               
marginal income tax rate to  the federal government. She said the                                                               
owners  would benefit  from  a 37  percent  reduction in  federal                                                               
income  taxes  if  the  loophole were  closed.  She  mentioned  a                                                               
[August 28,]  2019 news article  by KTUU which reported  the lost                                                               
revenue  for the  State  of  Alaska resulting  from  the sale  of                                                               
British  Petroleum's leases  on  the North  Slope  to HilCorp  [a                                                               
privately owned S corporation].                                                                                                 
                                                                                                                                
3:57:49 PM                                                                                                                    
CHAIR  GIESSEL explained  that  this  background information  was                                                               
intended to provide  history about the impacts  of S corporations                                                               
on Alaska as they were the subject of SB 92.                                                                                    
                                                                                                                                
3:58:07 PM                                                                                                                    
CHAIR GIESSEL invited Senator Yundt to introduce SB 92.                                                                         
                                                                                                                                
3:58:32 PM                                                                                                                    
SENATOR  ROBERT  YUNDT,  District N,  Alaska  State  Legislature,                                                               
Juneau,  Alaska,  Sponsor  of  SB   92  paraphrased  the  sponsor                                                               
statement.                                                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       Sponsor Statement                                                                                      
                                                                                                                                
     Senate Bill  92 works  to level  the playing  field and                                                                    
     ensure that  all oil companies  that come to  Alaska to                                                                    
     extract  our mineral  wealth are  charged  at the  same                                                                    
     rate regardless of whether they  are designated as an S                                                                    
     corporation  or a  C corporation.  The new  9.4 percent                                                                    
     tax  would  apply  only  to  entities  making  over  $5                                                                    
     million  in profits  from  oil  production or  pipeline                                                                    
     transportation.  Other  S   corporations  operating  in                                                                    
     Alaska  that   do  not  work   in  oil   production  or                                                                    
     transportation would not be included in SB 92.                                                                             
                                                                                                                                
3:59:06 PM                                                                                                                    
SENATOR YUNDT  said closing the unintentionally  created, decades                                                               
old loophole pertaining  to S corporation oil  developers and gas                                                               
developers would  only apply to  entities making over  $5 million                                                               
in   profits   from   oil  and   gas   production   or   pipeline                                                               
transportation.   He  emphasized   that   other  S   corporations                                                               
operating in  Alaska that do not  work in oil and  gas production                                                               
or pipeline transportation would not be included in SB 92.                                                                      
                                                                                                                                
3:59:33 PM                                                                                                                    
SENATOR YUNDT said  he filed SB 92 before he  received a response                                                               
from  the Department  of  Revenue (DOR).  He said  it  was not  a                                                               
personal thing and he was not  attacking any one company. He said                                                               
everyone  should  be treated  the  same.  He expected  to  review                                                               
numbers from the DOR and  he emphasized that the discussion would                                                               
be  about  real  money  with   real  impacts  to  average  Alaska                                                               
families. He advocated for the public [legislative] process.                                                                    
                                                                                                                                
4:00:45 PM                                                                                                                    
SENATOR  DUNBAR  asked whether  there  were  people available  to                                                               
answer questions.                                                                                                               
                                                                                                                                
CHAIR GIESSEL  listed three  representatives from  the Department                                                               
of Revenue (DOR) who were available online to answer questions.                                                                 
                                                                                                                                
CHAIR GIESSEL                                                                                                                   
                                                                                                                                
4:01:10 PM                                                                                                                    
SENATOR  DUNBAR asked  whether there  would be  invited testimony                                                               
prior  to   the  opportunity   to  ask   questions  of   the  DOR                                                               
representatives.                                                                                                                
                                                                                                                                
CHAIR GIESSEL clarified witness  availability with the sponsor of                                                               
SB 92 and recommended the  presentation of the sectional analysis                                                               
for SB 92.                                                                                                                      
                                                                                                                                
4:02:45 PM                                                                                                                    
RYAN MCKEE, Staff, Senator Robert Yundt, Alaska State                                                                           
Legislature, Juneau, Alaska, provided the sectional analysis for                                                                
SB 92.                                                                                                                          
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       Sectional Analysis                                                                                     
                             SB 92                                                                                            
                                                                                                                                
     Section 1:  Tax on  income attributable to  a qualified                                                                  
     entity;   energy  and   electrical  grid   projects  or                                                                  
     upgrades fund                                                                                                            
                                                                                                                                
     This  section establishes  a tax  on business  entities                                                                    
     making  profits in  state  on  petroleum production  or                                                                    
     pipeline transportation  that are not established  as C                                                                    
     corporations (C-corps) for  tax purposes under Internal                                                                    
     Revenue Service  (IRS) tax code.  Sole proprietorships,                                                                    
     partnerships,  entity's   that  has  elected   to  file                                                                    
     federal returns  under 26 U.S.C. 1361  - 1379 (Internal                                                                    
     Revenue Code); must  pay a tax of  9.4 percent annually                                                                    
     mirroring  the  percent tax  that  C-corps  pay to  the                                                                    
     state, but only on profits over $5 million.                                                                                
                                                                                                                                
     The  Commissioner   of  Revenue  shall   aggregate  the                                                                    
     taxable  income  of two  or  more  entities when  their                                                                    
     income  could be  reasonably attributable  to a  single                                                                    
     entity.                                                                                                                    
                                                                                                                                
     And finally, revenue  from the tax is  deposited into a                                                                    
     fund for use on energy  and electrical grid projects or                                                                    
     upgrades.                                                                                                                  
                                                                                                                                
     Section 2: Deletes the  word "corporation" and replaces                                                                
     it with "taxpayer"  as it relates to  the IRS reporting                                                                  
     requirements.                                                                                                              
                                                                                                                                
     Section  3: changes  "corporation"  to "taxpayer  that"                                                              
     and "or  entities that" as relates  to taxable activity                                                                  
     both inside and outside the state.                                                                                         
                                                                                                                                
     Section  4: deletes  "corporation" and  adds "taxpayer"                                                              
     and "entities" as it  relates to reporting requirements                                                                  
     to the IRS.                                                                                                                
                                                                                                                                
     Section  5: deletes  "corporation" and  adds "taxpayer"                                                              
     as it relates to what  shall be excluded when computing                                                                    
     taxable income for the "taxpayer".                                                                                       
                                                                                                                                
     Section  6: deletes  "corporation" and  adds "taxpayer"                                                              
     as it relates  to dividends and royalties  taxable to a                                                                    
     "taxpayer".                                                                                                              
                                                                                                                                
     Section  7: deletes  "corporation" and  adds "taxpayer"                                                              
     as it  relates to a  "taxpayer" failing to  comply with                                                                    
     this chapter.                                                                                                              
                                                                                                                                
     Section 8:  Deletes   orporation" and adds  "an entity"                                                              
     as  it   relates  to   tax  obligations   from  royalty                                                                    
     agreements with the Alaska Legislature per AS 43.82.                                                                       
                                                                                                                                
4:05:07 PM                                                                                                                    
MR. MCKEE continued to present the Sectional analysis                                                                           
                                                                                                                                
                                                                                                                                
     Section 9:  Amends the uncodified  law of the  State of                                                                  
     Alaska by adding  a new section that  reads as follows;                                                                    
     "APPLICABILITY.  This Act  applies  to  an entity  with                                                                    
     qualified  taxable income  over  $5,000,000  for a  tax                                                                    
     year beginning on or after January 1, 2025."                                                                               
                                                                                                                                
     Section 10: Amends  the uncodified law of  the State of                                                                  
     Alaska  by   adding  a  new  section   related  to  the                                                                    
     transition, payment of tax.                                                                                                
                                                                                                                                
     Section 11: Amends  the uncodified law of  the State of                                                                  
     Alaska   by   adding   a   new   section   related   to                                                                    
     retroactivity of regulations.                                                                                              
                                                                                                                                
     Section  12: Sets  a retroactive  date  to January  1st                                                                  
     2025                                                                                                                       
                                                                                                                                
     Section 13: Set the effective date.                                                                                      
                                                                                                                                
4:06:09 PM                                                                                                                    
SENATOR DUNBAR  asked for clarification  of the fiscal  note from                                                               
the  Department  of Revenue  (DOR),  OMB  Component Number  2476,                                                               
dated February 14,  2025. He noted that there was  a $180 million                                                               
increase anticipated for  FY 2026 as a result of  SB 92. He asked                                                               
for  a  clarification regarding  calendar  year  and fiscal  year                                                               
calculations.                                                                                                                   
                                                                                                                                
4:07:08 PM                                                                                                                    
DAN STICKEL,  Chief, Tax Economic  Research Group,  Department of                                                               
Revenue (DOR), Juneau, Alaska, explained  that SB 92 as currently                                                               
written would  be retroactive to  January 1 of 2025.  DOR assumed                                                               
that all revenues  for calendar 2025 associated with  SB 92 would                                                               
be received  in fiscal year  2026, probably as a  true-up payment                                                               
when  2025 annual  returns were  filed. He  said the  fiscal year                                                               
2026 estimate,  if the bill  were to  be effective July  1, 2025,                                                               
would  be   about  $133  million.  The   additional  $53  million                                                               
estimated revenue was  for the January through June  of 2025 time                                                               
period.                                                                                                                         
                                                                                                                                
4:08:05 PM                                                                                                                    
SENATOR  DUNBAR  noted  that  the  drop  in  anticipated  revenue                                                               
between FY  26 and FY 27  was not because of  an anticipated drop                                                               
in [oil  and gas] production,  but because  of the timing  [of SB
92's effective date].  He asked how much production  tax was paid                                                               
or would  be paid [in FY  26] by entities that  would be included                                                               
in the withdrawal from the current exemption.                                                                                   
                                                                                                                                
4:08:53 PM                                                                                                                    
MR. STICKEL said  he could not speak to specific  entities due to                                                               
taxpayer confidentiality.  However, he explained that  about two-                                                               
thirds of  production comes from C  corporations, specifically 65                                                               
percent  for  fiscal  year  2026, with  this  share  expected  to                                                               
increase.  He said  a ballpark  estimate for  the production  tax                                                               
forecast  for  fiscal  year  2026   is  $441  million,  with  the                                                               
implication  that  non-C  corporations contribute  the  remaining                                                               
one-third of the production tax.                                                                                                
                                                                                                                                
4:10:32 PM                                                                                                                    
SENATOR DUNBAR asked whether $441  million was the production tax                                                               
paid by all entities or just by C corporations.                                                                                 
                                                                                                                                
4:10:44 PM                                                                                                                    
MR.  STICKEL said  $441 million  was the  fall 2024  forecast for                                                               
production tax from all entities.                                                                                               
                                                                                                                                
4:10:57 PM                                                                                                                    
SENATOR  DUNBAR noted  that one-third  [of $441]  was about  $150                                                               
million,  the   amount  forecast   to  be   paid  by   current  S                                                               
corporations [if SB 92 passed].  He said S Corporations appear to                                                               
pay  about 40  percent less  in taxes  than [C  corporations]. He                                                               
emphasized  the  scale  of  the   legal  distinction  [between  S                                                               
corporations and C  corporations] and the potential  impact of SB
92.                                                                                                                             
                                                                                                                                
4:12:20 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked DOR which entities  would be affected                                                               
by SB 92.                                                                                                                       
                                                                                                                                
4:12:38 PM                                                                                                                    
MR. STICKEL deferred the question to a DOR technical expert.                                                                    
                                                                                                                                
4:13:06 PM                                                                                                                    
MICHAEL WILLIAMS, Manager, Corporate  Tax Division, Department of                                                               
Revenue (DOR), Anchorage,  Alaska, referred to SB  92, Section 1,                                                               
subsection (e) which  identified the entities targeted  by SB 92,                                                               
any  entity operating  as a  sole  proprietorship partnership  as                                                               
defined under 26 USC, 1361.                                                                                                     
                                                                                                                                
4:13:47 PM                                                                                                                    
SENATOR WIELECHOWSKI asked for the names of those entities.                                                                     
                                                                                                                                
4:13:57 PM                                                                                                                    
MR. WILLIAMS said those were  the qualified entities under SB 92,                                                               
but he could  not name any entities specifically. He  said he was                                                               
limited under the  provisions of AS 43.05.320 to  speak about the                                                               
entities generally, but not specifically.  He reiterated that the                                                               
entities defined  under the [federal] Internal  Revenue Code were                                                               
operating  as  either sole  proprietorship  partnership  or an  S                                                               
corporation.                                                                                                                    
                                                                                                                                
4:14:42 PM                                                                                                                    
SENATOR WIELECHOWSKI  stated that it  was not known  which entity                                                               
or   entities  would   be  affected   by  SB   92  or   that  DOR                                                               
representatives were legally bound  not to tell [legislators]. He                                                               
asked whether  DOR could tell  the committee how much  profit was                                                               
made in  Alaska by the  entities which  would be addressed  by SB
92.                                                                                                                             
                                                                                                                                
4:15:11 PM                                                                                                                    
MR.  WILLIAMS said  that figure  was provided  by Mr.  Stickel as                                                               
part of the estimate for revenue  provided in the fiscal note. He                                                               
said he could not speak to the profit otherwise.                                                                                
                                                                                                                                
4:15:30 PM                                                                                                                    
SENATOR   WIELECHOWSKI  acknowledged   that  the   committee  was                                                               
provided a  figure for the tax.  He asked Mr. Stickel  to provide                                                               
the figure for the [estimated] profit.                                                                                          
                                                                                                                                
4:15:41 PM                                                                                                                    
MR.  STICKEL, providing  for taxpayer  confidentiality, explained                                                               
that DOR took the existing  corporate income tax forecast for the                                                               
companies  that were  currently subject  to the  corporate income                                                               
tax  and extrapolated  an estimated  tax base  that included  the                                                               
companies that  would be added  under SB  92. It was  assumed the                                                               
added companies would have a  similar level of profitability on a                                                               
per barrel equivalent of production basis.                                                                                      
                                                                                                                                
4:17:06 PM                                                                                                                    
SENATOR  MYERS asked  why  the Department  of  Revenue (DOR)  was                                                               
projecting a  drop in  revenue, reflected in  the fiscal  note by                                                               
Department  of Revenue  (DOR), OMB  Component Number  2476, dated                                                               
February 14th, 2025.                                                                                                            
                                                                                                                                
4:17:33 PM                                                                                                                    
MR.  STICKEL said  the  projected  decrease had  to  do with  the                                                               
estimated   share  of   production  expected   to  come   from  C                                                               
corporations  versus non-C  corporations.  He  said after  fiscal                                                               
year 2026  DOR expected a  growing share of the  total production                                                               
to come from companies subject to the corporate income tax.                                                                     
                                                                                                                                
4:18:04 PM                                                                                                                    
SENATOR  MYERS  said the  amount  of  tax  an entity  pays  isn't                                                               
determined  by the  level of  production,  but by  the amount  of                                                               
money made. He said if one  entity is producing more oil, it does                                                               
not mean  a neighboring entity  would produce less. He  asked for                                                               
clarification about the projected tax drop.                                                                                     
                                                                                                                                
4:18:36 PM                                                                                                                    
MR.  STICKEL explained  that DORs  revenue forecasts  reflect the                                                               
expectation  that   production  from  non-C   corporations  would                                                               
decline over the time horizon of the fiscal note.                                                                               
                                                                                                                                
4:19:08 PM                                                                                                                    
SENATOR  CLAMAN asked  Senator  Yundt to  which  companies SB  92                                                               
would apply.                                                                                                                    
                                                                                                                                
SENATOR  YUNDT responded  that  it  did not  matter  to him;  any                                                               
[company] that  was not a C  corporation that was pulling  away a                                                               
lot of the ground.                                                                                                              
                                                                                                                                
4:19:31 PM                                                                                                                    
SENATOR  CLAMAN asked  whether Senator  Yundt expected  SB 92  to                                                               
apply to Hilcorp.                                                                                                               
                                                                                                                                
SENATOR YUNDT answered: possibly.                                                                                               
                                                                                                                                
4:19:39 PM                                                                                                                    
SENATOR CLAMAN  addressed DOR and  said it was  his understanding                                                               
that under the current structure,  C corporations, whether in the                                                               
oil business  or in other business  would pay the same  taxes. He                                                               
asked whether that was right.                                                                                                   
                                                                                                                                
4:20:32 PM                                                                                                                    
MR.  STICKEL  said  he  was  not  a CPA,  but  that  one  of  his                                                               
colleagues was and might be able to answer.                                                                                     
                                                                                                                                
4:20:53 PM                                                                                                                    
MR.  WILLIAMS clarified  that his  licensure was  as an  enrolled                                                               
agent, like a  CPA. He suggested that the  question be re-phrased                                                               
to ask  whether the entities  currently pay any  corporate income                                                               
tax. He said  they do not because Alaska does  not currently have                                                               
a personal income  tax. He said these  were pass-through entities                                                               
where  the  profits pass  through  to  the shareholders  and  the                                                               
shareholders bear  the burden of  any personal income tax  at the                                                               
federal  level  and at  the  state  level.  Because there  is  no                                                               
[Alaska] state income  tax, there is no state income  tax for the                                                               
shareholders of the entities.                                                                                                   
                                                                                                                                
4:21:44 PM                                                                                                                    
SENATOR  CLAMAN  clarified  that  his question  was  regarding  C                                                               
corporations rather than S corporations.  He asked to compare a C                                                               
corporation that  is in the oil  business and one that  is not in                                                               
the  oil business.  He noted  that  C corporations  are taxed  in                                                               
Alaska  and asked  whether they  would  both be  taxed the  same,                                                               
based on their profits.                                                                                                         
                                                                                                                                
4:22:11 PM                                                                                                                    
MR.  WILLIAMS said  C corporations  in  different businesses  are                                                               
taxed using different apportionment  models. He affirmed that all                                                               
C corporations do pay corporate income tax.                                                                                     
                                                                                                                                
4:22:42 PM                                                                                                                    
SENATOR CLAMAN  asked, under SB  92, would the S  corporations in                                                               
the oil  and gas business  pay corporate  income tax while  the S                                                               
corporations in  business other than  oil and gas  (continue) not                                                               
pay corporate income tax.                                                                                                       
                                                                                                                                
4:23:21 PM                                                                                                                    
MR.  WILLIAMS  said it  was  his  understanding  that SB  92  was                                                               
targeted only to oil and gas  entities. He said any S Corporation                                                               
that was  not an oil and  gas producer, or transporter  would not                                                               
be subject to [corporate income tax].                                                                                           
                                                                                                                                
4:23:44 PM                                                                                                                    
SENATOR  CLAMAN  posed  a  hypothetical for  which  a  current  S                                                               
corporation   has  a   single  share-holder.   He  said   that  S                                                               
corporation  would not  pay state  [corporate income  tax] ,  but                                                               
would pay  federal tax  on their personal  tax returns.  He asked                                                               
whether that was correct.                                                                                                       
                                                                                                                                
MR. WILLIAMS said he was correct.                                                                                               
                                                                                                                                
4:24:35 PM                                                                                                                    
SENATOR CLAMAN  altered the  hypothetical. If  SB 92  becomes law                                                               
would it  be the  case that  the S corporation  covered by  SB 92                                                               
would pay the  state corporate income tax and  the share holder's                                                               
federal tax would be directly reduced by the state tax paid.                                                                    
                                                                                                                                
4:25:06 PM                                                                                                                    
MR.  WILLIAMS  said  the  entity would  be  responsible  for  the                                                               
[state] tax  liability, not the  shareholder. He said  the entity                                                               
could take  a deduction for state  income tax on its  federal tax                                                               
return.                                                                                                                         
                                                                                                                                
4:25:29 PM                                                                                                                    
SENATOR CLAMAN observed that the  entity [S corporation] would be                                                               
paying [corporate  income] tax at  the state level and  the owner                                                               
[shareholder  of  the  entity]  would pay  [income  tax]  at  the                                                               
federal  level. He  asked whether  the individual  share-holder's                                                               
federal tax obligation would be  reduced by the equivalent amount                                                               
the entity paid for state corporate tax.                                                                                        
                                                                                                                                
4:26:08 PM                                                                                                                    
MR. WILLIAMS affirmed  that the entity would deduct  the tax paid                                                               
to Alaska, lowering the distributable  share of its income to the                                                               
shareholder.  The shareholder  would  then  have less  reportable                                                               
income resulting in commensurate reduction in federal tax.                                                                      
                                                                                                                                
4:26:39 PM                                                                                                                    
SENATOR CLAMAN  asked whether  the reduction  would be  the exact                                                               
same amount;  for example,  if [the entity]  paid $50  million to                                                               
the  state of  Alaska, would  the [shareholders]  federal tax  be                                                               
reduced by $50 million.                                                                                                         
                                                                                                                                
4:26:58 PM                                                                                                                    
MR. WILLIAMS  said it  would not  be an  exact dollar  for dollar                                                               
reduction because the deduction  [for the individual shareholder]                                                               
would be taken before computing federal taxable income.                                                                         
                                                                                                                                
4:27:23 PM                                                                                                                    
SENATOR HUGHES  acknowledged the opening  comments for SB  92 and                                                               
clarified that  the fiscal plan  working group did  not recommend                                                               
the specific measure  in question but only considered  it as part                                                               
of a broader package including  a spending cap and budget control                                                               
measures.                                                                                                                       
                                                                                                                                
4:28:31 PM                                                                                                                    
SENATOR HUGHES  requested a  copy of the  book referenced  by the                                                               
chair  and emphasized  the distinction  between a  recommendation                                                               
and a consideration.  She recalled a public  panel discussion and                                                               
questioned  the sponsor  of SB  92 about  his apparent  change in                                                               
stance regarding oil taxes,  particularly concerning Hilcorp. She                                                               
inquired  whether the  sponsor consulted  with major  North Slope                                                               
operators  like   Conoco,  Exxon,   Santos,  and   others  before                                                               
proposing the bill and suggested consultations did not occur.                                                                   
                                                                                                                                
4:30:04 PM                                                                                                                    
SENATOR  YUNDT said  he  had no  recollection  of the  referenced                                                               
panel and asked that it be shared publicly.                                                                                     
                                                                                                                                
4:30:13 PM                                                                                                                    
SENATOR HUGHES  asked whether  SB 92's sponsor  was aware  of any                                                               
independent modeling  analysis on the consequences  of passing SB
92. She  noted potential impacts to  specific companies, Alaska's                                                               
economy, oil  production, job growth, investment,  and attracting                                                               
other companies and businesses to the state                                                                                     
                                                                                                                                
4:30:53 PM                                                                                                                    
SENATOR YUNDT said he was not  aware of any and he looked forward                                                               
to  reviewing the  results  of  modeling as  part  of the  public                                                               
[legislative] process.                                                                                                          
                                                                                                                                
4:31:00 PM                                                                                                                    
CHAIR GIESSEL affirmed that there  would be modeling and referred                                                               
to a presentation by Commissioner  Lucinda Mahoney, Department of                                                               
Revenue  (DOR), on  August  10, 2021  in  which the  commissioner                                                               
cites  concern about  $67 million  pass-through tax  consequences                                                               
for FY  2022. She also  noted that British Petroleum  (BP) Alaska                                                               
concurrently reported paying $804  million in taxes and royalties                                                               
to  the  state  of  Alaska  in 2018.  She  acknowledged  the  sum                                                               
included production taxes and royalties.                                                                                        
                                                                                                                                
4:31:58 PM                                                                                                                    
SENATOR WIELECHOWSKI, with permission  from the chair, quoted DOR                                                               
Commissioner Lucinda Mahoney, August 5,  2021: "These are some of                                                               
the revenue options  that the governor would support,  as long as                                                               
there was support  from the legislature. Some of our  oil and gas                                                               
producing companies are not paying  corporate income taxes due to                                                               
the way  their legal structure is  set up. We are  proposing that                                                               
those entities begin to pay  corporate income taxes and establish                                                               
parity in the oil industry."                                                                                                    
                                                                                                                                
4:32:41 PM                                                                                                                    
SENATOR  WIELECHOWSKI  addressed   Department  of  Revenue  (DOR)                                                               
representatives  and noted  that [the  legislature] did  not know                                                               
which  entities do  not pay  taxes.  He asked  whether DOR  could                                                               
disclose   which  companies   do   [pay   taxes],  for   example,                                                               
ConocoPhilips as a C corporation.                                                                                               
                                                                                                                                
4:33:05 PM                                                                                                                    
MR.  STICKEL  said  DOR  could not  say  whether  any  particular                                                               
company  does  or   does  not  pay  taxes.  He   said  DOR  takes                                                               
confidentiality very seriously.                                                                                                 
                                                                                                                                
4:33:27 PM                                                                                                                    
SENATOR  WIELECHOWSKI  argued that  it  was  a matter  of  public                                                               
record  that ConocoPhillips  was a  C corporation.  He challenged                                                               
whether DOR could state that on the record.                                                                                     
                                                                                                                                
4:33:37 PM                                                                                                                    
MR. STICKEL said he was not  positive whether that was or was not                                                               
a matter of public record.                                                                                                      
                                                                                                                                
4:33:48 PM                                                                                                                    
CHAIR GIESSEL suggested asking  Legislative Research Services for                                                               
a list of C corporations.                                                                                                       
                                                                                                                                
4:33:58 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked whether  it was  a fair  statement to                                                               
say the vast  majority of oil-producing companies  in Alaska were                                                               
C corporations.                                                                                                                 
                                                                                                                                
4:34:14 PM                                                                                                                    
MR.  STICKEL  affirmed that  about  two  thirds  of oil  and  gas                                                               
production in Alaska is by companies that are C corporations.                                                                   
                                                                                                                                
4:34:27 PM                                                                                                                    
SENATOR  WIELECHOWSKI  emphasized  Alaska's unique  status  as  a                                                               
resource  development  state,  mandated by  its  constitution  to                                                               
maximize benefits from non-renewable  resources like oil and gas.                                                               
The state  captures revenue through royalties,  production taxes,                                                               
property  taxes, and  corporate income  taxes. He  argued that  a                                                               
loophole  allowing one-third  of  production  to avoid  corporate                                                               
income  tax  creates  an   unfair  disparity,  contradicting  the                                                               
constitutional obligation to optimize  resource benefits. He said                                                               
SB 92 aimed to address this issue.                                                                                              
                                                                                                                                
4:35:50 PM                                                                                                                    
SENATOR MYERS  said his information  may be outdated, but  it was                                                               
his understanding  that there were  28 non-C Corporation  oil and                                                               
gas entities in  Alaska. He asked how many of  those 28 companies                                                               
would be affected by SB 92.                                                                                                     
                                                                                                                                
4:36:26 PM                                                                                                                    
MR.  STICKEL  said he  could  not  provide  an exact  number.  He                                                               
referred to the                                                                                                                 
                                                                                                                                
4:37:13 PM                                                                                                                    
SENATOR  MYERS   asked  that  the   request  for   C  corporation                                                               
information  from Legislative  Research  Services  include all  C                                                               
corporations, not just oil and gas corporations.                                                                                
                                                                                                                                
4:37:44 PM                                                                                                                    
CHAIR GIESSEL  affirmed the  request and pointed  to page  190 of                                                               
the Indirect Expenditure  Report, which said there  were 11,700 S                                                               
Corporations in the state.                                                                                                      
                                                                                                                                
4:38:02 PM                                                                                                                    
SENATOR MYERS said he would like  a list of C corporations, those                                                               
which were taxed.                                                                                                               
                                                                                                                                
CHAIR  GIESSEL asked  whether  the request  could  be refined  to                                                               
request a  list of C corporations  that make over $5  million per                                                               
year, those which would be affected by SB 92.                                                                                   
                                                                                                                                
4:38:17 PM                                                                                                                    
SENATOR  MYERS argued  that fairness  in taxation  should be  the                                                               
primary focus,  rather than  the specific  industry or  method of                                                               
making money.  He suggested that  if fairness was the  goal, then                                                               
the  tax   system  should  be  evaluated   without  bias  towards                                                               
companies in  the oil  and gas  sector or  those structured  as C                                                               
Corporations. He  noted that SB  92 under discussion would  set a                                                               
tax threshold  for companies making  over $5 million,  but points                                                               
out that  other C  Corporations, which  may be  taxed at  a lower                                                               
rate, could  also be  considered in  the discussion  of fairness.                                                               
The exact  tax figures  were not  recalled, but  he said  the tax                                                               
rates  for   companies  below  the  $5   million  threshold  were                                                               
significantly lower.                                                                                                            
                                                                                                                                
4:39:21 PM                                                                                                                    
CHAIR  GIESSEL noted  that the  top tax  bracket for  Alaska, 9.4                                                               
percent, begins at $222,000.00.                                                                                                 
                                                                                                                                
4:39:40 PM                                                                                                                    
SENATOR  DUNBAR  observed  that  C corporations  do  tend  to  be                                                               
significantly  larger than  S corporations  and because  [Alaska]                                                               
does not  have a personal  income tax,  it just makes  good sense                                                               
for those  small entities to become  an LLC or an  S corporation.                                                               
If one of the  S corporations were to purchase the  assets of a C                                                               
corporation, he asked  whether those assets would  fall under the                                                               
S Corporation.                                                                                                                  
                                                                                                                                
MR. STICKEL affirmed that they would.                                                                                           
                                                                                                                                
4:40:27 PM                                                                                                                    
SENATOR DUNBAR  noted the projected  reduction in revenue  from S                                                               
corporation entities under  SB 92. He noted that if  one of the S                                                               
corporations   were  to   purchase  the   assets  of   current  C                                                               
corporation   entities,   bringing   the  assets   into   the   S                                                               
corporations fold,  he asked whether  the increase  in production                                                               
would fall under the S corporation.                                                                                             
                                                                                                                                
4:41:12 PM                                                                                                                    
MR. STICKEL affirmed that they would.                                                                                           
                                                                                                                                
4:41:20 PM                                                                                                                    
SENATOR DUNBAR  noted purchasing activity of  corporations on the                                                               
North Slope.  He said if  SB 92 did  not pass, C  corporation tax                                                               
revenue would continue to fall  and there would be no concomitant                                                               
increase in S corporation tax revenue.                                                                                          
                                                                                                                                
4:41:51 PM                                                                                                                    
SENATOR CLAMAN suggested that the  legislature cound benefit from                                                               
an  independent accountant's  perspective on  SB 92.  He proposed                                                               
that an accountant not affiliated  with the Department of Revenue                                                               
could  provide a  clearer  understanding of  how  the bill  might                                                               
affect tax  payments to  the state of  Alaska versus  the federal                                                               
government. He  questioned whether  the bill  redistributes taxes                                                               
or increases  the overall tax  burden for  businesses, suggesting                                                               
that a detailed analysis might be necessary to clarify this.                                                                    
                                                                                                                                
4:44:06 PM                                                                                                                    
CHAIR GIESSEL concurred. She further  noted that the owners of an                                                               
S corporation may  live in a state that does  levy a state income                                                               
tax  and  would  then  be  taking  profits  made  in  Alaska  and                                                               
transferring them to  another state. She counted  this as another                                                               
example of lost revenue to the state [of Alaska].                                                                               
                                                                                                                                
4:44:40 PM                                                                                                                    
SENATOR CLAMAN said  a CPA should be able to  answer that for the                                                               
committee as well  and he said DOR would be  less able to provide                                                               
this clarification.                                                                                                             
                                                                                                                                
4:44:55 PM                                                                                                                    
SENATOR CLAMAN referred to SB 73  sponsored by his office and the                                                               
C corporation  tax exemption  which he  said benefited  smaller C                                                               
corporations  for  a  decade  and  was  under  consideration  for                                                               
reinstatement.  He said  there were  over 100  C corporations  in                                                               
Alaska  that   the  exemption   applied  to   and  a   number  of                                                               
corporations that were  not that big, that were subject  to the S                                                               
corporation tax.                                                                                                                
                                                                                                                                
4:45:37 PM                                                                                                                    
SENATOR  HUGHES raised  concern  about  the constitutionality  of                                                               
bills  that   target  specific   companies  or   industries.  She                                                               
suggested addressing  this topic  in a  future meeting.  She also                                                               
questioned  the  fairness  of  SB  92,  highlighting  that  large                                                               
companies  like  Exxon  Mobile and  ConocoPhillips  could  deduct                                                               
reserve  depletion  and  intangible deduction  costs  from  their                                                               
federal  taxes, while  S corporations,  which do  not have  these                                                               
federal  deductions, would  be  disadvantaged.  She concluded  by                                                               
saying  SB 92  might  inadvertently create  a  new problem  while                                                               
trying to solve an existing one.                                                                                                
                                                                                                                                
4:47:28 PM                                                                                                                    
SENATOR WIELECHOWSKI noted that taxation  [policy] was based on a                                                               
rational  basis test  and he  argued there  was a  rational basis                                                               
[for  SB  92]  due  to the  constitutional  mandate  to  maximize                                                               
resource benefits.  He noted that different  companies were being                                                               
treated  differently. There  was  fundamental  unfairness and  he                                                               
said SB 92 would balance the  playing field. He suggested that if                                                               
SB 92 tilted  the field in the other direction,  an S corporation                                                               
could convert  to a C  Corporation if  they felt they  were being                                                               
treated unfairly.                                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI asked  DOR  how many  barrels  of oil  were                                                               
being produced by S corporations.                                                                                               
                                                                                                                                
4:48:35 PM                                                                                                                    
MR. STICKEL  said he  did not  have an exact  number, but  for FY                                                               
2026 the  estimated production [by  S corporations] was  about 35                                                               
percent on a barrel of oil equivalent statewide.                                                                                
                                                                                                                                
4:49:49 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  whether  DOR  knew  the  amount  of                                                               
investment in the Alaska oil industry by S corporations.                                                                        
                                                                                                                                
4:50:00 PM                                                                                                                    
MR.  STICKEL   said  DOR  had   not  broken  out   [oil  industry                                                               
investments] by C corporation vs.  non-C corporation. He said the                                                               
estimate  for  FY  2026  was  about  $8.2  billion  of  statewide                                                               
allowable use  expenditures. He emphasized this  estimate was for                                                               
the total industry, encompassing all entities.                                                                                  
                                                                                                                                
4:50:36 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  whether  the  estimates  suggest  S                                                               
corporations were responsible for 35  percent of the $8.2 billion                                                               
investment.                                                                                                                     
                                                                                                                                
4:50:51 PM                                                                                                                    
MR. STICKEL said DOR could not  break out exactly how much of the                                                               
investment was by C-corporations  vs. non-C corporations. He said                                                               
the 35 percent extrapolation would yield a ballpark estimate.                                                                   
                                                                                                                                
4:51:18 PM                                                                                                                    
SENATOR WIELECHOWSKI assumed a large  portion of the $8.2 billion                                                               
investment was at  Willow, owned by ConocoPhillips,  and at Pica,                                                               
owned  by  Santos.  He  concluded   that  the  [oil  and  gas]  S                                                               
corporations  were  probably in  Prudhoe  Bay.  He asked  DOR  to                                                               
provide [oil and  gas] investment numbers at Prudhoe  Bay for the                                                               
last 10 years by year,  broken down and specifying the percentage                                                               
of investment by the S corporations.                                                                                            
                                                                                                                                
4:51:59 PM                                                                                                                    
MR. STICKEL  said DOR  could provide the  most recent  version of                                                               
the breakout  of lease expenditures  for Prudhoe Bay as  had been                                                               
provided to the  legislature in the past. He said  they could not                                                               
specify  how  much of  [the  investment]  was attributable  to  S                                                               
corporations  in particular  but could  provide the  analysis for                                                               
Prudhoe Bay versus other [indisc].                                                                                              
                                                                                                                                
4:52:37 PM                                                                                                                    
SENATOR WIELECHOWSKI asked what  the total Prudhoe Bay investment                                                               
was and who the Prudhoe Bay producers were.                                                                                     
                                                                                                                                
4:52:48 PM                                                                                                                    
MR. STICKEL  said he did  not have  that information at  hand but                                                               
could  provide it  to  the  committee. He  said  the operator  at                                                               
Prudhoe Bay  was Hilcorp and  Exxon was a large  working interest                                                               
owner and  he said  there were other  working interest  owners as                                                               
well. He said Department of  Natural Resources (DNR) had detailed                                                               
information and  Department of  Revenue (DOR)  would be  happy to                                                               
include that information in their  response [to the committee] as                                                               
well.                                                                                                                           
                                                                                                                                
4:53:30 PM                                                                                                                    
SENATOR  WIELECHOWSKI  criticized  the lack  of  transparency  in                                                               
Alaska,  highlighting the  inability  of  policymakers to  access                                                               
crucial data such as  investment amounts, production percentages,                                                               
and profits. He said independent  experts have consistently rated                                                               
Alaska's  transparency   laws  as   among  the   worst  globally,                                                               
hindering effective  decision-making. He emphasized the  need for                                                               
reform to  better understand the  impact of policies  on affected                                                               
companies  and  improve  policy-making  accuracy.  He  referenced                                                               
Governor Hickel's view  that the legislature acts  as the state's                                                               
board of directors, making decisions  without knowing who will be                                                               
impacted  or how.  He said  this was  not the  right way  to make                                                               
policy in this building or anywhere.                                                                                            
                                                                                                                                
4:54:40 PM                                                                                                                    
CHAIR GIESSEL said the committee  would get what data they could.                                                               
She  noted  that  the  35  percent  figure  was  interesting  and                                                               
helpful.                                                                                                                        
                                                                                                                                
4:54:49 PM                                                                                                                    
SENATOR  MYERS  requested  the Department  of  Revenue  (DOR)  to                                                               
provide  figures from  the  fall 2018  revenue  forecast for  the                                                               
Prudhoe  Bay  unit.  He  asked  specifically  for  the  projected                                                               
royalty and production  tax revenue from the  fall 2018 forecast.                                                               
He also requested the actual figures  for the Prudhoe Bay unit as                                                               
of  fall 2024,  focusing again  on royalties  and production  tax                                                               
revenue.                                                                                                                        
                                                                                                                                
4:56:25 PM                                                                                                                    
SENATOR DUNBAR commended the sponsor of  SB 92 for their work. He                                                               
affirmed the  challenge to make decisions  when [the legislature]                                                               
was  not legally  allowed to  know  how S  corporations would  be                                                               
impacted by the $5 million limit in  SB 92 vs. $10 billion or $20                                                               
billion,  for  example.  He suggested  that  the  current  figure                                                               
seemed fair and anticipated further deliberation.                                                                               
                                                                                                                                
4:57:23 PM                                                                                                                    
CHAIR GIESSEL [held SB 92 in committee].                                                                                        
                                                                                                                                
CHAIR   GIESSEL  reiterated   that  it   was  the   legislature's                                                               
responsibility  to  get  the  maximum  benefit  for  the  state's                                                               
resources.                                                                                                                      

Document Name Date/Time Subjects
SSCR 1 Fiscal Note (S)RES.pdf SRES 2/19/2025 3:30:00 PM
SSCR 1
2.12.25 EO 136 Department of Agriculture Statement of Cost.pdf SRES 2/19/2025 3:30:00 PM
SSCR 1
SSCR01A.pdf SRES 2/19/2025 3:30:00 PM
SSCR 1
2.12.25 EO 136 Dept of Agriculture DNR presentation SRES.pdf SRES 2/19/2025 3:30:00 PM
SSCR 1
2.12.25 Legal Memorandum, Governor's Executive Order establishing a Department of Agriculture.pdf SRES 2/19/2025 3:30:00 PM
SSCR 1
25-015mjt.pdf SRES 2/19/2025 3:30:00 PM
SSCR 1
SB 92- Sectional Analysis.pdf SRES 2/19/2025 3:30:00 PM
SB 92
SB 92- Sponsor Statement.pdf SRES 2/19/2025 3:30:00 PM
SB 92
SB0092A.pdf SRES 2/19/2025 3:30:00 PM
SB 92
SB 92 Fiscal Note DOR.pdf SRES 2/19/2025 3:30:00 PM
SB 92
2.19.25 SB 92 Combined Historical Documents Provided by (S)RES.pdf SRES 2/19/2025 3:30:00 PM
SB 92