Legislature(2025 - 2026)BUTROVICH 205

03/14/2025 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+= SB 97 BIG GAME PERMIT PROGRAM TELECONFERENCED
Moved SB 97 Out of Committee
+= SB 105 STATE LAND FOR RECREATIONAL CABIN SITES TELECONFERENCED
<Bill Hearing Canceled>
-- Invited & Public Testimony --
+= SB 92 CORP. INCOME TAX; OIL & GAS ENTITIES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
          SB  92-CORP. INCOME TAX; OIL & GAS ENTITIES                                                                       
                                                                                                                                
3:48:38 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 noted that this was  the fourth hearing of SB 92 by                                                               
the Senate  Resources Committee, and  that the committee  was now                                                               
the sponsor of SB 92.                                                                                                           
                                                                                                                                
3:49:17 PM                                                                                                                    
INTIMAYO  HARBISON, Staff,  Senator Cathy  Giessel, Alaska  State                                                               
Legislature, Juneau, Alaska, moved to  slide 1 and explained that                                                               
the purpose of  the presentation was to address  concerns that SB
92 could be applied to  S corporations (S-Corps) unrelated to oil                                                               
and gas production.                                                                                                             
                                                                                                                                
3:50:08 PM                                                                                                                    
MR. HARBISON moved to and narrated slide 2:                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     C Corporations are taxed  separately from their owners,                                                                  
     meaning they  pay taxes on  their profits and  then the                                                                    
     shareholders  pay taxes  again  on  any dividends  they                                                                    
     receive.                                                                                                                   
                                                                                                                                
     S Corporations  pass their profits and  losses directly                                                                  
     to their  shareholders' personal tax  returns, avoiding                                                                    
     the   perceived   "double   taxation"   seen   with   C                                                                    
     Corporations. S  Corporations were  created in  the tax                                                                    
     code on January 1, 1958.                                                                                                   
                                                                                                                                
     There  are specific  requirements and  restrictions for                                                                    
     an entity to qualify as an S Corporation:                                                                                  
                                                                                                                                
        • Does not have more than 100 shareholders                                                                              
          • Does not have a shareholder who is not an                                                                           
          individual (with the exception for various tax-                                                                       
          exempt organizations, estates and trusts)                                                                             
            • Does not have a nonresident alien as a                                                                            
          shareholder                                                                                                           
        • Does not have more than one class of stock                                                                            
                                                                                                                                
             (DCCED, Div of Corp, business & prof licensing)                                                                    
                                                                                                                                
     There  are ~11,700  S  Corporations  registered in  the                                                                    
     Alaska.   (Alaska   Department  of   Revenue   Indirect                                                                    
     Expenditure Report 2024)                                                                                                   
                                                                                                                                
3:51:45 PM                                                                                                                    
MR. HARBISON moved to and narrated slide 3:                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                  Limited Liability Companies                                                                                 
                                                                                                                                
     Limited Liability  Company (LLC) were  first introduced                                                                  
     in  Wyoming in  1977, but  did not  catch on  until the                                                                    
     1990s. A limited liability company  is a legal business                                                                    
     entity,  considered  its  own "person"  by  law,  which                                                                    
     exists  separate from  its members.  An LLC  shares the                                                                    
     limited  liability features  of a  corporation but  has                                                                    
     the management  and tax efficiencies of  a partnership.                                                                    
     Members'  liabilities are  limited  to their  financial                                                                    
     contributions meaning an  individual members' liability                                                                    
     is only  extends to  what they  contribute to  the LLC.                                                                    
     Limited  liability does  not shield  owners of  the LLC                                                                    
     from negligence liability.                                                                                                 
                                                                                                                                
     LLCs  have  an  array  of  tax  options.  For  example,                                                                  
     members may  file taxes  as one  of the  following, but                                                                    
     not limited to:                                                                                                            
                                                                                                                                
        • Single member LLC taxed as Sole Proprietorships                                                                     
          (Sole Prop)                                                                                                           
        • Partners in an LLC taxed as a Traditional                                                                           
          Partnership (LLP)                                                                                                   
        • LLC taxed as a Corporation, including S                                                                             
          Corporations or C Corporations (S-Corp, C-Corp)                                                                     
                                                                                                                                
3:53:16 PM                                                                                                                    
MR. HARBISON continued to narrate slide 3:                                                                                      
                                                                                                                                
                                                                                                                                
     LLCs can  elect to be  taxed as S Corporations  if they                                                                  
     meet the  requirements, but they have  more flexibility                                                                    
     in structure  and management compared to  traditional S                                                                    
     Corporations.  So, if  an LLC  opts  for S  Corporation                                                                    
     status, it's  taxed similarly to other  S Corporations,                                                                    
     but with the added flexibility of the LLC framework.                                                                       
                                                                                                                                
     According to the Department  of Commerce, Community and                                                                    
     Economic  Development, as  of  2024,  there are  67,133                                                                
     active  LLCs  registered  in Alaska.  This  number  can                                                                
     fluctuate with new formations and dissolutions.                                                                            
                                                                                                                                
                                                                                                                                
3:54:03 PM                                                                                                                    
SENATOR MYERS asked to be provided with the number of S-Corps                                                                   
and LLCs based in Alaska versus based outside the state.                                                                        
                                                                                                                                
3:54:20 PM                                                                                                                    
MR. HARBISON affirmed that he could obtain those numbers from                                                                   
the Department of Commerce, Community and Economic Development                                                                  
(DCCED).                                                                                                                        
                                                                                                                                
3:54:31 PM                                                                                                                    
SENATOR CLAMAN asked to be provided with the number of C                                                                        
corporations (C-Corps) in Alaska.                                                                                               
                                                                                                                                
3:54:46 PM                                                                                                                    
MR. HARBISON said he would pass the number of C-Corps in Alaska                                                                 
to the committee when it was received from the DCCED.                                                                           
                                                                                                                                
3:55:02 PM                                                                                                                    
MR. HARBISON moved to and narrated slide 4:                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                                                                                                                                
                  Alaska Linkage to Federal Code                                                                              
                                                                                                                                
     Federal Code Linkage:  Alaska generally follows federal                                                                  
     tax rules  for federal tax  purposes but does  not have                                                                    
     its  own state  income tax  code. Instead,  Alaska uses                                                                    
     federal  tax  rules  as  a  basis  for  compliance  and                                                                    
     reporting  for businesses  operating within  the state.                                                                    
     This means that while  there's no separate state income                                                                    
     tax  code, businesses  and individuals  must adhere  to                                                                    
     federal tax regulations for their federal tax filings.                                                                     
                                                                                                                                
     Both  S   Corporations  and  LLCs  enjoy   similar  tax                                                                  
     treatments  in Alaska  due  to the  state's  lack of  a                                                                    
     state income tax.                                                                                                          
                                                                                                                                
     Individual   Income  Tax   Repeal:  Alaska   originally                                                                  
     implemented an individual income  tax in 1949. However,                                                                    
     this income tax  was repealed in 1979.  The repeal came                                                                  
     as  a result  of the  state's new  revenue source,  the                                                                    
     Alaska Permanent Fund, which  was established to manage                                                                    
     oil revenues and provide  annual dividends to Alaskans.                                                                    
     The  creation of  the Permanent  Fund reduced  the need                                                                    
     for individual income taxes.                                                                                               
                                                                                                                                
3:56:18 PM                                                                                                                    
MR. HARBISON moved to and narrated slide 5:                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     AS 43.20.021                                                                                                           
     Current Statutes for                                                                                                       
     companies filing as S Corporations                                                                                         
                                                                                                                                
        • "Under Alaska's adoption of the Internal Revenue                                                                      
          Code [AS 43.20.021], corporations that have                                                                           
          elected S Corporation status are generally not                                                                        
          subject to tax.                                                                                                       
        • Prior to 1980, the stakeholders' share of income                                                                      
          was subject to Alaska's personal income tax.                                                                          
        • Since the 1980 repeal of the state's personal                                                                         
          income tax, the income is taxed neither at the                                                                        
         corporate level nor at the shareholder level"                                                                          
                                                                                                                                
          -Legislative Finance Division Indirect Expenditure                                                                    
                                         Report January 2021                                                                    
                                                                                                                                
3:57:04 PM                                                                                                                    
MR. HARBISON moved to and narrated slide 6:                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     AS 43.20.011 (e)                                                                                                       
     Current Statute for                                                                                                        
     companies filing as                                                                                                        
     C Corporations                                                                                                             
                                                                                                                                
     *Last amended 2013                                                                                                         
                                                                                                                                
     If the taxable income is:          Then the tax is:                                                                    
                                                                                                                                
     Less than $25,000                  0 percent of the                                                                        
                                        taxable income                                                                          
     $25,000 but less than $49,000      2 percent of the                                                                        
                      taxable income over                                                                                       
                                        $25,000                                                                                 
     $49,000 but less than $74,000      $480 plus  3 percent                                                                    
                                        of the taxable                                                                          
                                        income over $49,000                                                                     
     $74,000 but less than $99,000      $1,230 plus 4                                                                           
                                        percent of the                                                                          
                                        taxable  income over                                                                    
                                        $74,000                                                                                 
     $99,000 but less than $124,000     $2,230 plus 5                                                                           
                                        percent of the                                                                          
                                        taxable  income over                                                                    
                                        $99,000                                                                                 
     $124,000 but less than $148,000    $3,480 plus 6                                                                           
                                        percent of the                                                                          
                                        taxable  income over                                                                    
                                        $124,000                                                                                
     $148,000 but less than $173,000    $4,920 plus 7                                                                           
                                        percent of the                                                                          
                                        taxable  income over                                                                    
                                        $148,000                                                                                
     $173,000 but less than $198,000    $6,670 plus 8                                                                           
                                        percent of the                                                                          
                                        taxable  income over                                                                    
                                        $173,000                                                                                
     $198,000 but less than $222,000    $8,670 plus 9                                                                           
                                        percent of the                                                                          
                                        taxable  income over                                                                    
                                        $198,000                                                                                
     $222,000 or more                   $10,830 plus 9.4                                                                        
                                        percent of the                                                                          
                                        taxable  income over                                                                    
                                        $222,000                                                                                
                                                                                                                                
3:57:45 PM                                                                                                                    
MR. HARBISON moved to and narrated slide 7. He noted that the                                                                   
tax structure for C-Corps would not change under SB 92 and                                                                      
reiterated that SB 92 only applies to oil and gas companies:                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     SB 92 Changes                                                                                                          
     Proposed changes                                                                                                           
     for companies filing                                                                                                       
     as S Corporations                                                                                                          
                                                                                                                                
     *No change to C                                                                                                            
     Corporation tax                                                                                                            
                                                                                                                                
     If the taxable income is:          Then the tax is:                                                                    
                                                                                                                                
     Less than $25,000                  0 percent of the                                                                        
                                        taxable income                                                                          
     $25,000 but less than $49,000      0 percent of the                                                                        
                                        taxable income over                                                                     
                                        $25,000                                                                                 
     $49,000 but less than $74,000      $0 plus 0 percent                                                                       
                                        of the taxable                                                                          
                                        income over $49,000                                                                     
     $74,000 but less than $99,000      $0 plus 0 percent                                                                       
                                        of the taxable                                                                          
                                        income over $74,000                                                                     
     $99,000 but less than $124,000     $0 plus 0 percent                                                                       
                                        of the taxable                                                                          
                                        income over $99,000                                                                     
     $124,000 but less than $148,000    $0 plus 0 percent                                                                       
                                        of the taxable                                                                          
                                        income over                                                                             
                                        $124,000                                                                                
     $148,000 but less than $173,000    $0 plus 0 percent                                                                       
                                        of the taxable                                                                          
                                        income over                                                                             
                                        $148,000                                                                                
     $173,000 but less than $198,000    $0 plus 0 percent                                                                       
                                        of the taxable                                                                          
                                        income over                                                                             
                                        $173,000                                                                                
     $198,000 but less than $5,000,000  $0 plus 0 percent                                                                       
                                        of the taxable                                                                          
                                        income over                                                                             
                                        $198,000                                                                                
     $5,000,000 or more                 $0 plus 9.4 percent                                                                     
                                        of the taxable                                                                          
                                        income over                                                                             
                                        $5,000,000                                                                              
                                                                                                                                
3:58:47 PM                                                                                                                    
SENATOR DUNBAR asked whether taxable income, in the context of                                                                  
SB 92, was the gross revenue or if it was the net revenue after                                                                 
deducting some or all costs.                                                                                                    
                                                                                                                                
3:59:35 PM                                                                                                                    
MR. HARBISON said the tax would apply to income after companies                                                                 
had taken their deductions for costs.                                                                                           
                                                                                                                                
3:59:55 PM                                                                                                                    
CHAIR  GIESSEL  asked for  confirmation  from  the Department  of                                                               
Revenue (DOR).                                                                                                                  
                                                                                                                                
4:00:08 PM                                                                                                                    
MICHAEL   WILLIAMS,   Corporate   Tax  Manager,   Tax   Division,                                                               
Department  of Revenue  (DOR), Anchorage,  Alaska, affirmed  that                                                               
the tax proposed by  SB 92 would apply to the  net income, or the                                                               
income less expenses.                                                                                                           
                                                                                                                                
4:00:34 PM                                                                                                                    
SENATOR MYERS referred to slides 6  and 7 and noted there did not                                                               
seem to  be parity between C-corps  and S-corps. He asked  why SB
92 did not cause the two different tax brackets to match.                                                                       
                                                                                                                                
4:01:34 PM                                                                                                                    
SENATOR WIELECHOWSKI  concurred and  suggested amending SB  92 so                                                               
the two brackets do match.                                                                                                      
                                                                                                                                
4:01:59 PM                                                                                                                    
CHAIR GIESSEL announced invited testimony on SB 92.                                                                             
                                                                                                                                
4:02:36 PM                                                                                                                    
JOHN  LETOURNEAU,  Certified  Public  Accountant  (CPA),  Thomas,                                                               
Head, and Greisen, Anchorage, Alaska,  testified by invitation in                                                               
support of SB 92.                                                                                                               
                                                                                                                                
4:02:57 PM                                                                                                                    
MR.  LETOURNEAU moved  to slide  1,  describing the  hypothetical                                                               
parameters of his presentation:                                                                                                 
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       SB 92: Tax analysis                                                                                    
                                                                                                                                
        By John Letourneau, CPA, Thomas, Head and Greisen                                                                       
                                                                                                                                
     Assume the following for an entity with operations                                                                         
     entirely sourced to Alaska                                                                                                 
                                                                                                                                
     • $50 million gross income                                                                                                 
     • $40 million qualified expenses and deductions                                                                            
                                                                                                                                
     Resulting in $10 million pre tax taxable income                                                                            
                                                                                                                                
4:03:43 PM                                                                                                                    
MR. LETOURNEAU moved to and narrated slide 2.                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                 Current tax structure: Alaska                                                                                
                   State Corporate Income Tax                                                                                 
                                                                                                                                
               C-Corps             S-Corps & LLCs                                                                           
                                                                                                                                
     Taxable Income      $10,000,000         $10,000,000                                                                        
                                                                                                                                
     Alaska Corporate    $930,150            $0                                                                                 
     Tax owed*                                                                                                                  
                                                                                                                                
                                                                                                                                
       *tax is $10,830 on the first $220,000 and 9.4% on                                                                        
     everything above $220,000                                                                                                  
                                                                                                                                
MR. LEOURNEAU explained that:                                                                                                   
                                                                                                                                
• A C-corp with $10 million in taxable income owes roughly                                                                      
   $930,000 in Alaska corporate income tax (at about 9.4 percent,                                                               
   with slight reductions due to bracket "stair steps").                                                                        
• An S-corp or LLC owes no Alaska tax at the entity level                                                                       
   because these are pass-through entities, their income flows to                                                               
   the owners.                                                                                                                  
• Since Alaska has no individual income tax, S-corp owners pay                                                                  
   no tax on that income in Alaska.                                                                                             
• An LLC owned by a taxable C-corp would become part of that                                                                    
   corporation's overall taxable income, and tax would then be                                                                  
   collected from the C-corp rather than the LLC itself.                                                                        
                                                                                                                                
4:05:45 PM                                                                                                                    
MR. LETOURNEAU moved to slide 3:                                                                                                
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
           Current tax structure: Federal taxes  2025                                                                         
                      Current Federal Law                                                                                     
                                                                                                                                
     Federal corporate income tax                                                                                             
                                                                                                                                
                                   C-Corps                                                                                    
                                                                                                                                
     Pre AK tax Federal            $10 million                                                                                  
     taxable income                                                                                                             
                                                                                                                                
     Gross Alaska                  $930,150                                                                                     
                                                                                                                                
     Federal taxable income        $9,069,850                                                                                   
     after Alaska Corporate                                                                                                     
     tax, expenses and                                                                                                          
     deductions                                                                                                                 
                                                                                                                                
     Gross Federal                 $1,904,669                                                                                   
     Corporate income tax*                                                                                                      
                                                                                                                                
     Federal individual income tax                                                                                            
                                                                                                                                
                                   S-Corps & LLCs                                                                             
                                                                                                                                
     Federal taxable               $8,000,000                                                                                   
     income**                                                                                                                   
                                                                                                                                
     Tax on first $751,600         $202,155                                                                                     
                                                                                                                                
     Tax on income above           $2,681,908                                                                                   
     $751,600***                                                                                                                
                                                                                                                                
     Total federal individual      $2,884,063                                                                                   
     income tax                                                                                                                 
                                                                                                                                
                                                                                                                                
     * Federal corporate tax rate is 21%                                                                                        
     ** Includes a 199A deduction of 20%                                                                                        
     *** Highest marginal tax rate is 37%                                                                                       
                                                                                                                                
MR. LETOURNEAU pointed  out that under current  federal law, this                                                               
example showed higher federal tax  when the business is an S-corp                                                               
owned by  an individual  than when  it is  a C-corp.  However, he                                                               
said federal rules may change  soon because several provisions of                                                               
the 2017 Tax Cuts and Jobs Act expired at the end of 2025.                                                                      
                                                                                                                                
4:08:01 PM                                                                                                                    
SENATOR MYERS asked for clarification  on how the Section 199A 20                                                               
percent deduction  worked for  S-corps as  pass-through entities.                                                               
He noted that his own  personal deduction, the standard deduction                                                               
of  about $24,000,  was  capped,  so a  20  percent deduction  of                                                               
business income seemed very different.                                                                                          
                                                                                                                                
4:08:29 PM                                                                                                                    
MR. LETOURNEAU  explained that Congress  created Section  199A in                                                               
the Tax  Cuts and Jobs Act  to reduce the effective  marginal tax                                                               
rate for  certain taxpayers engaged  in operating  businesses. He                                                             
said  oil and  gas  extraction companies  qualified as  operating                                                               
businesses. He said  199A provided a non-cash  deduction equal to                                                             
20 percent of  net business profits, meaning that  portion of the                                                               
income  was  simply  not  taxed.  He  explained  that  if  an  S-                                                               
corporation  shareholder  received  $10 million  in  profits,  20                                                               
percent  of  that,  $2  million was  excluded  from  taxation  to                                                               
encourage  business   activity  and  risk-taking.  He   said  the                                                               
deduction was limited  in scope and would not  apply to interest,                                                               
dividends, or  other passive income,  but only to  specific types                                                               
of active business income Congress wanted to encourage.                                                                         
                                                                                                                                
4:10:07 PM                                                                                                                    
SENATOR HUGHES  referred to the  figures for C-corps on  slide 3.                                                               
She noted that  deductions for intangible drilling  costs and for                                                               
reserve  depletion  were  not  included  and  asked  whether  Mr.                                                               
Letourneau was aware of them.                                                                                                   
                                                                                                                                
4:10:33 PM                                                                                                                    
MR. LETOURNEAU  explained that the assumed  $40 million deduction                                                               
in the hypothetical included those deductions.                                                                                  
                                                                                                                                
4:10:55 PM                                                                                                                    
SENATOR  HUGHES noted  that the  hypothetical  included the  same                                                               
deductions for the S-corps, but  it was her understanding that S-                                                               
corps did not receive them at the federal level.                                                                                
                                                                                                                                
4:11:08 PM                                                                                                                    
MR. LETOURNEAU noted  that S-corp owners likely  received many of                                                               
the   same  deductions,   such   as   intangible  drilling   cost                                                               
deductions, but that  he did not analyze  the specific components                                                               
of the applicable deductions. He  explained that the presentation                                                               
was intended  as a high-level  overview of C-corp vs.  S-corp tax                                                               
structure,  not  a detailed  walkthrough  of  the tax  rules.  He                                                               
offered to follow up.                                                                                                           
                                                                                                                                
4:11:50 PM                                                                                                                    
SENATOR HUGHES  said she  did not think  an S-corp  would receive                                                               
the  full   $40  million  expense   deduction  proposed   by  the                                                               
hypothetical. She  argued that the S-corps  starting amount would                                                               
be higher  because they  could not  take the  intangible drilling                                                               
cost deduction or the reserve depletion deduction.                                                                              
                                                                                                                                
4:12:25 PM                                                                                                                    
SENATOR HUGHES asked that Mr.  LeTourneau research [the qualified                                                               
deductions for  S-corps] and correct the  hypothetical. She urged                                                               
that it would illustrate the lack of parity.                                                                                    
                                                                                                                                
4:12:54 PM                                                                                                                    
MR. LETOURNEAU moved  to slide 4 and pointed out  that the C-corp                                                               
and S-corp end up with similar total tax burdens:                                                                               
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Current structure: Total Gross Income Tax liability                                                                      
                                                                                                                                
                              C-Corps        S-Corps & LLCs                                                                 
                                                                                                                                
     Alaska corporate         $930,150            -                                                                             
     income tax                                                                                                                 
                                                                                                                                
     Federal corporate        $1,904,669          -                                                                             
     income tax (2026                                                                                                           
     Current IRC)                                                                                                               
                                                                                                                                
     Federal individual            -         $2,884,063                                                                         
     income tax (2026                                                                                                           
     Current IRC)                                                                                                               
                                                                                                                                
     Total                    $2,834,819     $2,884,063                                                                       
                                                                                                                                
MR.  LETOURNEAU   noted  the  earlier  discussion   about  double                                                               
taxation  and  explained  that   the  C-corp  number  shown  only                                                               
reflects  the first  level of  tax, the  corporate-level tax.  He                                                               
said  the second  layer would  occur  if the  C corp  distributed                                                               
profits as dividends to  shareholders, creating a double-taxation                                                               
effect.                                                                                                                         
                                                                                                                                
4:14:31 PM                                                                                                                    
MR. LETOURNEAU  moved to and narrated  slide 5, a summary  of the                                                               
impact of SB 92.                                                                                                                
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                              
     SB 92 tax structure: Alaska Income Tax                                                                                   
                                                                                                                                
                              C-Corps        S-Corps & LLCs                                                                 
                                                                                                                                
     Alaska taxable income    $10,000,000    $5,000,000*                                                                        
                                                                                                                                
     Tax owed                 $930,150       $470,000**                                                                         
                                                                                                                                
                                                                                                                                
     *SB 92 exempts the first $5,000,000 from taxation                                                                          
     ** Tax rate is 9.4% on all taxable income over                                                                             
     $5,000,000                                                                                                                 
                                                                                                                                
4:15:23 PM                                                                                                                    
MR.  LETOURNEAU moved  to and  narrated slide  6. He  highlighted                                                               
that  under SB  92,  a C-corp  would pay  about  $1.9 million  in                                                               
federal tax  on $10M income  after Alaska deductions, while  an S                                                               
Corporation's individual  shareholder would  pay $2.7  million in                                                               
federal  tax,   assuming  Alaska   state  taxes   were  federally                                                               
deductible:                                                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     SB 92 tax structure: Federal taxes  2025 Current IRC                                                                     
     Federal corporate income tax                                                                                             
                                                                                                                                
                                   C-Corps                                                                                    
                                                                                                                                
     Pre AK tax Federal            $10 million                                                                                  
     taxable income                                                                                                             
                                                                                                                                
     Gross Alaska                  $930,150                                                                                     
                                                                                                                                
     Federal taxable income        $9,069,850                                                                                   
     after Alaska Corporate                                                                                                     
     tax, expenses and                                                                                                          
     deductions                                                                                                                 
                                                                                                                                
     Gross Federal                 $1,904,669                                                                                   
     Corporate income tax*                                                                                                      
                                                                                                                                
     Federal individual income tax                                                                                            
                                                                                                                                
                                        S-Corps                                                                               
                                                                                                                                
     Federal taxable income             $10,000,000                                                                             
     before Alaska tax &                                                                                                        
     199A deduction                                                                                                             
                                                                                                                                
     Alaska Qualified Entity            $470,000                                                                                
     income tax                                                                                                                 
                                                                                                                                
     Federal taxable income**           $7,624,000                                                                              
                                                                                                                                
     Tax on first $751,600              $202,155                                                                                
                                                                                                                                
     Tax on income above                $2,681,908                                                                              
     $751,600***                                                                                                                
                                                                                                                                
     Total federal individual           $2,884,063                                                                              
     income tax                                                                                                                 
                                                                                                                                
     * Federal corporate tax rate is 21 percent                                                                                 
     ** Includes a 199A deduction of 20 percent                                                                                 
     *** Highest marginal tax rate is 37 percent                                                                                
                                                                                                                                
                                                                                                                                
4:17:47 PM                                                                                                                    
MR. LETOURNEAU  moved to  slide 7,  summarizing the  tax patterns                                                               
for  C-corps and  S-corps under  SB  92. He  emphasized that  the                                                               
federal income  tax would be paid  by the individual, not  by the                                                               
entity:                                                                                                                         
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Under SB 92: Total gross income tax liability                                                                            
                                                                                                                                
                              C-Corps        S-Corps & LLCs                                                                 
                                                                                                                                
     State Corporate          $930,150            -                                                                             
     Income tax                                                                                                                 
                                                                                                                                
     State Qualified Entity                  $470,000                                                                           
     Income Tax                                                                                                                 
                                                                                                                                
     Federal corporate        $1,904,669          -                                                                             
     income tax                                                                                                                 
                                                                                                                                
     Federal individual            -         $2,744,943                                                                         
     income tax                                                                                                                 
                                                                                                                                
     Total                    $2,834,819     $3,214,943                                                                       
                                                                                                                                
4:18:50 PM                                                                                                                    
SENATOR HUGHES  commented that if  an S-corp was unable  to claim                                                               
the same deductions that C-corps could,  the total tax paid by S-                                                               
corps would  be higher. She  requested that the  hypothetical and                                                               
calculations be re-done to demonstrate this.                                                                                    
                                                                                                                                
4:19:21 PM                                                                                                                    
CHAIR GIESSEL  noted that supporting  documents submitted  by Mr.                                                               
Letourneau included detailed calculations  beyond what was on the                                                               
slides, showing tax deductions applied  to the $470,000 state tax                                                               
on $50  million income, which  could further reduce  state taxes.                                                               
She said  the documents were  available to committee  members and                                                               
to the public online.                                                                                                           
                                                                                                                                
4:20:41 PM                                                                                                                    
SENATOR  DUNBAR sought  clarification on  the impact  of the  9.4                                                               
percent corporate  tax proposed  by SB  92. He  expressed concern                                                               
that the  tax might appear  to increase  the total tax  burden by                                                               
9.4 percent. He  asked for confirmation that  the actual increase                                                               
is less due to the interaction between state and federal taxes.                                                                 
                                                                                                                                
4:21:40 PM                                                                                                                    
MR. LETOURNEAU concurred  and explained that because  the new tax                                                               
was imposed  at the  entity level,  individual owners  can deduct                                                               
that  state tax  on  their federal  tax  returns. This  deduction                                                               
would reduce their individual federal  taxable income and provide                                                               
a federal  tax benefit,  roughly lowering  the after-tax  cost of                                                               
the  state tax  from about  $470,000  to around  $330,000 in  the                                                               
example.                                                                                                                        
                                                                                                                                
4:22:51 PM                                                                                                                    
SENATOR DUNBAR asked  for confirmation that the  ratio isn't one-                                                               
to-one, i.e.  the individual  could not  deduct the  entire state                                                               
tax increase  from its federal  taxes. However, they  would still                                                               
receive  a  partial federal  deduction,  which  means the  actual                                                               
overall increase in their total  tax burden would be smaller than                                                               
the   full   state-level  tax   increase.   He   asked  if   this                                                               
understanding was correct.                                                                                                      
                                                                                                                                
4:23:25 PM                                                                                                                    
MR. LETOURNEAU  concurred and clarified that  the federal benefit                                                               
was a  deduction, not a  dollar-for-dollar credit. The  state tax                                                               
can  be  deducted  like  any   other  qualified  expense  on  the                                                               
individual's return, but it does  not reduce federal taxes by the                                                               
full amount, only by the value of the deduction.                                                                                
                                                                                                                                
4:24:11 PM                                                                                                                    
SENATOR  CLAMAN  referred  to  slide  7  and  asked  whether  the                                                               
difference  in  tax  liability  for  S-Corps  vs.  C-corps  might                                                               
incentivize companies to switch from being an S-corp to C-corp.                                                                 
                                                                                                                                
4:24:48 PM                                                                                                                    
MR. LETOURNEAU  said he did  not expect  many S-corps or  LLCs to                                                               
convert to C-corps. He explained  that converting to a C-corp was                                                               
easy,  but  converting back  to  an  S-corp was  difficult  under                                                               
federal law.  He also  noted that  C-corps faced  double taxation                                                               
and  lost  certain  tax  advantages  available  when  selling  or                                                               
liquidating   a   flow-through   business.   Because   of   these                                                               
disadvantages, he said  he would be surprised  if many businesses                                                               
chose to switch.                                                                                                                
                                                                                                                                
4:26:18 PM                                                                                                                    
SENATOR CLAMAN suggested that  although Senator Hughes' questions                                                               
about  specific deductions  were  interesting,  they weren't  the                                                               
focus  of  Mr.  LeTourneau's  hypothetical. The  purpose  of  his                                                               
example was simply to compare  tax liability at the entity level,                                                               
not  to analyze  every  deduction. He  suggested  it wouldn't  be                                                               
necessary  to   ask  him  to   provide  more  detailed   work  on                                                               
deductions.                                                                                                                     
                                                                                                                                
4:27:02 PM                                                                                                                    
CHAIR GIESSEL  concurred and pointed  out that slide 7  showed C-                                                               
corps  would pay  about $930,000  in state  corporate tax,  while                                                               
comparable S-corps would  pay roughly half that under  SB 92. She                                                               
noted  the hypothetical  assumed $50  million in  income and  $40                                                               
million  in  deductions. She  referred  to  the fiscal  note  for                                                               
Senate Bill  92, by Department  of Revenue, OMB  Component Number                                                               
2476,  dated  February 14,  2025,  which  estimated about  $126.5                                                               
million in revenue in FY27. She observed that if each example S-                                                                
corp paid  about $470,000,  it would take  many such  entities to                                                               
reach the projected statewide revenue.                                                                                          
                                                                                                                                
4:28:48 PM                                                                                                                    
SENATOR  CLAMAN  restated  his  position  that  the  hypothetical                                                               
wasn't  meant to  reflect actual  earnings or  expenses from  oil                                                               
production. Its purpose was to  illustrate what the tax situation                                                               
would look like at the entity  level under SB 92. He acknowledged                                                               
the numbers were  illustrative and higher values  could have been                                                               
used.  He noted  that  while  more detail  could  be obtained  if                                                               
entities shared  their tax  returns with  the committee  that was                                                               
unlikely to happen.                                                                                                             
                                                                                                                                
4:29:28 PM                                                                                                                    
CHAIR   GIESSEL   asserted   that  the   hypothetical   for   the                                                               
presentation   satisfied  the   committees'  question   from  the                                                               
previous hearing on SB 92.  It compared the current tax situation                                                               
for  both C-corps  and S-corps  under  current law  with the  tax                                                               
situation under SB  92 and demonstrated that  the tax consequence                                                               
for S-corps would remain about half.                                                                                            
                                                                                                                                
4:30:07 PM                                                                                                                    
CHAIR  GIESSEL  solicited  questions   on  the  presentation  and                                                               
thanked Mt. LeTourneau.                                                                                                         
                                                                                                                                
4:30:37 PM                                                                                                                    
CHAIR GIESSEL concluded invited testimony on SB 92.                                                                             
                                                                                                                                
4:30:42 PM                                                                                                                    
CHAIR GIESSEL opened public testimony on SB 92.                                                                                 
                                                                                                                                
4:31:31 PM                                                                                                                    
JERRY WEBRE,  President, Little Red Services,  Anchorage, Alaska,                                                               
explained  that he  was not  a tax  expert, but  that he  drew on                                                               
decades of experience  in Alaska's oil and gas  industry. He said                                                               
Little Red Services  provided hot oil pumping,  well testing, and                                                               
coil  tubing services  exclusively  on the  North  Slope, and  he                                                               
expressed strong  opposition to  SB 92.  He noted  that Hilcorp's                                                               
North Slope fields were active  and production at Milne Point had                                                               
increased significantly since Hilcorps  gained ownership from BP.                                                               
He argued that SB 92 would  sharply raise taxes on both large and                                                               
small  oil and  gas companies,  increase energy  costs, and  harm                                                               
Alaska-based suppliers and jobs. He  said SB 92 would potentially                                                               
worsen  energy insecurity,  particularly  in Southcentral,  where                                                               
utilities already  struggle to secure sufficient  natural gas. He                                                               
concluded  by  reiterating  that their  team  firmly  discourages                                                               
passage of the bill.                                                                                                            
                                                                                                                                
4:34:14 PM                                                                                                                    
HOLLIS  FRENCH, representing  self, Anchorage,  Alaska, expressed                                                               
strong support for SB 92, arguing  that Alaska was the only state                                                               
that  did not  tax S-corps  and that  this longstanding  omission                                                               
should  be fixed.  He emphasized  the state's  need for  revenue,                                                               
citing  visible   decline  in   public  institutions   and  local                                                               
conditions,  including  the  university,  the  city,  and  rising                                                               
homelessness  in   neighborhoods.  He  pointed  out   the  city's                                                               
[Anchorage]  dependence  on  state assistance.  He  concludes  by                                                               
urging the committee to pass SB  92 and said he would be watching                                                               
the vote closely.                                                                                                               
                                                                                                                                
4:35:34 PM                                                                                                                    
BOB SHAVELSON,  representing self, Homer, Alaska,  concurred with                                                               
prior testimony  in support of  SB 92.  He argued that  taxing S-                                                               
corps  was  common  sense  and would  level  the  playing  field,                                                               
particularly for  companies like  Hilcorp that profit  in Alaska.                                                               
He  cited polling  from Data  for Progress  showing broad  public                                                               
backing: 77  percent of  Alaskans and  66 percent  of Republicans                                                               
for such a  change. He urged passage of SB  92, noting Alaska was                                                               
the  only state  that  did  not tax  S-corps  and emphasized  the                                                               
importance of fair contributions amid large budget deficits.                                                                    
                                                                                                                                
4:36:44 PM                                                                                                                    
MADDIE HALLORAN,  representing self, Anchorage, Alaska,  said she                                                               
had a  lifelong connection  to Anchorage  and was  concerned over                                                               
declining public  services, especially  education. She  viewed SB
92 as a way to help fund  schools and balance the state budget by                                                               
closing an  unfair tax loophole.  She noted estimates that  SB 92                                                               
could  generate  about  $100   million  annually  from  companies                                                               
profiting  off   public  resources.  Referencing   strong  public                                                               
support  shown  in  Data  for Progress  polling,  she  urged  the                                                               
committee to pass SB 92.                                                                                                        
                                                                                                                                
4:38:16 PM                                                                                                                    
BEN  BOETTGER,  Energy  Specialist, Cook  InletKeeper,  Soldotna,                                                               
Alaska, testified in support of SB  92 on behalf of the nonprofit                                                               
advocating for water  quality and strong communities  in the Cook                                                               
Inlet watershed. He  argued that closing the  S-corp tax loophole                                                               
was  an   important  step  toward  stabilizing   Alaska's  fiscal                                                               
situation  and  that taxing  S-corp  oil  and gas  producers  was                                                               
unlikely  to discourage  investment, given  the profitability  of                                                               
similar C-corp  operations. He emphasized  that SB 92  would both                                                               
reduce  revenue  losses  contributing   to  budget  deficits  and                                                               
promote basic tax fairness. He urged passage of SB 92.                                                                          
                                                                                                                                
4:39:13 PM                                                                                                                    
SARAH  FURMAN, representing  self,  Fairbanks,  Alaska, said  she                                                               
supported SB 92, and said  she was deeply concerned over Alaska                                                                 
projected $500 million  budget deficit. She noted  impacts of the                                                               
ongoing  budget   challenges  in  Fairbanks  leading   to  school                                                               
closures,  insufficient  bas  student  allocation,  and  unfunded                                                               
energy  system upgrades.  She argued  that SB  92 would  generate                                                               
much-needed revenue and correct an  unfair loophole in which some                                                               
profitable corporations  paid state income tax  while S-corps did                                                               
not.  She   emphasized  that  closing   the  loophole   had  been                                                               
recommended for years  and failing to act already  cost the state                                                               
hundreds  of millions  in  revenue. She  added  that every  other                                                               
state  taxed S-corps  so  the proposal  was  neither unusual  nor                                                               
extreme. She pointed  out that public polling  showed support for                                                               
taxing S-corps  and urged the  legislature to listen to  the will                                                               
of the people.                                                                                                                  
                                                                                                                                
4:41:06 PM                                                                                                                    
NATALIE  KILEY-BERGEN,   Energy  Lead,  Alaska   Public  Interest                                                               
Research Group (AKPRG), Anchorage,  Alaska, said AKPIRG supported                                                               
SB  92  because it  would  create  parity in  Alaska's  corporate                                                               
income tax  system and  help address  the state's  severe revenue                                                               
shortfalls.  She   contended  the  legislature  should   fix  tax                                                               
loopholes rather than  cut services, raise taxes  on Alaskans, or                                                               
reduce  PFDs.  She  rejected  the idea  that  exempting  large  S                                                               
corporations from  income tax brings jobs  or development, noting                                                               
Alaska's  ongoing  Cook Inlet  gas  shortfall  despite an  S-corp                                                               
holding  most  leases. She  argued  that  the legislature  should                                                               
guarantee  that   corporations  invest  in  Alaska   by  imposing                                                               
corporate  taxes which  support essential  services that  benefit                                                               
businesses  and communities.  She highlighted  that S-corps  paid                                                               
income tax in  every other state, and that  polling showed strong                                                               
public  support,  about  77   percent  statewide,  for  requiring                                                               
companies like Hilcorp  to pay. She said AKPIRG  urged passage of                                                               
SB 92.                                                                                                                          
                                                                                                                                
4:43:24 PM                                                                                                                    
GEORGIA  HOUDE, representing  self, Fairbanks,  Alaska, said  she                                                               
supported  SB  92. She  said  she  was  in her  mid-twenties  and                                                               
emphasized  the  need  to  fund  the  state  in  ways  that  help                                                               
communities grow and  make Alaska a place where  young people can                                                               
build  stable futures.  She  argued  that it  was  unfair that  S                                                               
corporations  used  Alaska's  natural  resources  without  paying                                                               
state income tax, allowing profits  to leave the state instead of                                                               
benefiting residents.  She noted Alaska  was the only  state that                                                               
allowed  S corporations  to avoid  corporate taxes,  highlighting                                                               
the  need for  reform.  With the  state budget  in  deep need  of                                                               
funds, she viewed  SB 92 as a first step  toward prioritizing and                                                               
funding public services that catalyze growth in communities.                                                                    
                                                                                                                                
4:44:50 PM                                                                                                                    
CHAIR GIESSEL  closed in-person  public testimony  on SB  92. She                                                               
left public testimony open via written transmittal.                                                                             
                                                                                                                                
4:45:18 PM                                                                                                                    
CHAIR  GIESSEL  referred  to testimony  claiming  that  no  other                                                               
states  tax  S-corps.  She  said   there  would  be  research  to                                                               
determine how other states do or do not tax S-corps.                                                                            
                                                                                                                                
4:45:40 PM                                                                                                                    
SENATOR DUNBAR sought to clarify  that the testimony claimed that                                                               
every other state taxed S-corps.                                                                                                
                                                                                                                                
CHAIR GIESSEL concurred.                                                                                                        
                                                                                                                                
4:46:01 PM                                                                                                                    
SENATOR  DUNBAR  said Alaska  may  not  be  the only  state  that                                                               
doesn't tax S-corps,  but it was likely the only,  or one of very                                                               
few states that had neither a  personal income tax nor an S corp-                                                               
tax. He mentioned New Hampshire's  unusual property tax system as                                                               
a partial  analogy to an  income-tax structure. He said  he would                                                               
appreciate further research on the issue.                                                                                       
                                                                                                                                
4:46:37 PM                                                                                                                    
SENATOR  CLAMAN  noted  that  most states  did  not  tax  S-corps                                                               
directly  because   they  levy  personal  income   taxes  on  the                                                               
shareholders instead.  He referred  to Texas as  an example  of a                                                               
state without  a personal income  tax that  also does not  tax S-                                                               
corps  at the  entity level.  However,  he said  Texas imposed  a                                                               
broad  franchise  tax that  applied  to  many types  of  business                                                               
entities, not just S-corps. He said  he did not know the detailed                                                               
mechanics  of the  Texas franchise  tax but  expected forthcoming                                                               
information  to clarify  how  it functioned  and  how broadly  it                                                               
applied.                                                                                                                        
                                                                                                                                
4:47:33 PM                                                                                                                    
CHAIR GIESSEL said GaffneyCline would  provide modeling for SB 92                                                               
in a future committee hearing.                                                                                                  
                                                                                                                                
4:48:03 PM                                                                                                                    
[CHAIR GIESSEL held SB 92 in committee.]                                                                                        

Document Name Date/Time Subjects
SB 92 Comparison to C-Corp Tax Structure.pdf SRES 3/14/2025 3:30:00 PM
SB 92
SB 92 Supporting Document - Tax analysis slides.pdf SRES 3/14/2025 3:30:00 PM
SB 92
SB 92 Supporting Document - Tax analysis 3.13.2025.pdf SRES 3/14/2025 3:30:00 PM
SB 92
SB 92 Public Testimony.pdf SRES 3/14/2025 3:30:00 PM
SB 92
A.1.pdf SRES 3/14/2025 3:30:00 PM
SB 97
A.2.pdf SRES 3/14/2025 3:30:00 PM
SB 97
A.3.pdf SRES 3/14/2025 3:30:00 PM
SB 97
A.5.pdf SRES 3/14/2025 3:30:00 PM
SB 97
SB 97 Public Testimony.pdf SRES 3/14/2025 3:30:00 PM
SB 97
SB 92 Public Testimony AKPIRG.pdf SRES 3/14/2025 3:30:00 PM
SB 92