Tax Module Upload1 Flashcards
Includes ownership of both surface and minerals below (and limited air above)
A Fee Simple Interest
Used to describe all right to oil and gas (and solid minerals) in the ground
A Mineral Interest
A non-operating interest retained by the assignor; entitled to specific portion of production
A Royalty Interest
In-Kind
Actual Production
In-Value
Proceeds from the sale of production
An interest that is free of any burder for exploation, development or production costs
Royalty Interest
An interest received by the assignee; burdened by costs for exploration and development
Working Interest
Non-operating interest retained by the working interest owner who assigns his obligation for development costs
Farmout
The WI owner exchanges a right to proceeds of production for cash or other consideration
Carve Out
Interest in which the life is limited to the life of te working intrerest in which it derived
Overriding Royalty Interest
Entitles the owner to a specified amount of proceeds of production as measure by net profic on the lease
Net Profits Interest
An interest that carries no burden of costs, but receives no money if the lease operates at a loss
Net Profits Interest
Entitles the holder to production for 1)specified time limit, 2)specified production, 3)specified money received
Production Payment
In order to deduct depletion, the interest must be an
Economic Interest
For an interest to be economic, it must represent
A capital interest in the minerals in place
For an interest to be economic, it must provide the right
To share in the minerals produced
For an interest to be economic, the owner must look only to
Proceeds from the sale for a return of capital
For an interest to be economic, the interest must exist
In some form of a legal relationship
A royalty interest is what type of interest
Economic Interest
A working interest is what type of interest
Economic Interest
An ORRI is what type of interest
Economic Interest
A NPI is what type of interest
Economic Interest
A production payment is only an economic interest when
Proceeds are pledged to the development of the property
A production payment is only an economic interest when
Production payment is retained by the lessor (landowner) as a part of the leasing transaction
Cornerstone of US oil and gas taxation
Unit-of-property concept
IRS Definition of Property
Each separated interst owned by the taxpayer in each mineral deposit in each separate tract or parcel of land
Each type of interest (working, royalty, ORRI, NPI, and production payments are treated as
Separate property
The exception to interests being treated as separate property is when acquisition consists of
The same type of interest from the same assignor, in contiguous tracts of land
If a taxpayer aquires more than one operating interest in a single tract, he must
Combine the interest and treat as a single property
If a taxpayer aquires more than one non-operating interest, he may
Only combine them with the permission of the IRS
What two interests can never be combined
Operating and non-operating
Separate oparting interest participating in pooling and unitization are treated as
Oen property for the period of the participation
Depletion is calculation on a
Property by property basis
Intangible drilling costs are calculated on a
Property by property basis
Geological and geophysical costs are accounted for on a
Property by property basis
Gain and loss on disposition are calculated on a
Property by property basis
Sale or exchange could constitute a
Capital Gain
A lease bonus or delay rental is what type of income
Orindary
A sharing arrangement is generally not a
Taxable event
Classifications of assignments of interest depend on
Type of consideration (payment) and interest transferred or retained
A transaction in which cash or its equivalent is received and cas is not pledged for development of property
Sale or exchange
When an owner of any type of interest assigns all of that interest
Sale or exchange
When an owner of any type of interest assigns and retains the exact same interest
Sale or exchange
If Sam sells his WI to Jane for cash, he has made a
Sale or exchange
If Sam sells 50% of his WI to Jane for cash but keeps the other 50% and same uses the cash to buy a new car, he has made a
Sale or exchange
Bill sells his royalty interest to JD minerals for cash, he has made a
Sale or exchange
If the WI owner carves out an NPI or ORRI to Jill for cash, he has made a
Sale or exchange
If the WI owner carves out a production payment to Jill for cash, he has made a
Loan (entered into a loan agreement)
An owner of an operating right assigns all or part of those rights and retains a continuous non-operating interest
Lease or sublease
For a lease or a sublease, income is recognized when
Cash is received
The assignment of any type of interest that is NOT a working interest is not a
Lease or sublease
Only the assignment of a working interest can be a
Lease or sublease
An interest defined as when the principle consideration for an assignment is the assumption of burden to develop
Sharing arrangement
If Same assigns Jane 50% of his WI in exchange for cas to be used exclusively for development, he has made a
Sharing arrangement
A farmout is a type of
Sharing arrangement
Does a sharing arrangement create a gain or a loss
No
A farmee must capitalize as leasehold cost
That portion of IDC and equipment costs applicable to the portion of the working interest that is retained by the farmor.
A type of sharing arrangement where the operator will pay a disproportionate share of the development expense
Carried Interest
The carrying party in the carried interest sharing arrangement is entitled to
All income and deductions applicable to its working interest prior to payout
What act promulgated the Uniform Capitalization Rules
Tax Reform Act of 1986
What governs the capitalization of producing, acquiring and holding property
Uniform Capitalization Rules
The UCR applied to both direct and indirect costs allocable to
Real and tangible personal property
The UCR regulations do specifically exclude what costs from UCR
Intangible drilling, exploration and development costs
Costs for geologists, aerial photography, surface and subsurface mapping, loggin, core holes, and surveys are
Geological and Geophysical costs
Geological and geophysical costs that lead to an acquisition are
Capitalized as apart of the property
Geological and geophysical costs that do not lead to an acquisition are
Deducted in the year of the abandonment of the acquisition project
All costs related to project area costs are
Capitalized in the project area
When areas of interests are indentified, project area costs are
Allocated equally to each specific Area of Interest
When leases are acquired, area of interest costs are
Allocated to the leases baed on acreage
If only one lease is acquired, all costs must be
Allocated to the one lease acquired
IF no leases are acquired for the area of interest, G&G costs may be
Deducted in the year the efforts in that area of interest are abandoned
A payment for the privilege of deferring development of a property is called a
Delay rental
A delay rental is usually expressed as a
Fixed sum per acre
A delay rental is usually paid
Yearly for the primary lease term
The IRS treats delay rental as
Rent income
The IRS claims that delay rentals should be
Capitalized as pre-production costs
A payment made from the lessor to the lessee in consideration for granting the lease
Lease bonus
A lease bonus is usually expressed as a
Fixed sum per acre
A lease bonus is usually paid in
Lump sum or installments
For income tax purposes, lease bonuses are regarded as
Advanced royalties
Cost of equipment ordinarily consiered to have salvage value
Tangible drilling costs
Tangible drilling costs must be
Capitalized and depreciated
Tools, surface and production casing, well head equipment, tanks, pump, seperators are considered
Tangible drilling costs
The costs of casing is considered tangible drilling costs even though
The casing is cemented in place and is not recoverable (no salvage value)
Expenditures incident to and necessary for the drilling of wells and their preparation for production are considered
Intangible drilling costs
Wages, fuel, and supplies are what type of costs
Intangible drilling costs
Costs to prepare a site for drilling including ground clearing, drainage, road building, surveying, and geological work are
Intangible drilling costs
The costs to construct physical facilities nescarry to drill and prepare the well for production are considered
Intangible drilling costs
The costs of labor involved to install “salvageable” items required to complete a well are treated as
Intangible drilling costs
Taxpayers must make a one-time binding election to
Capitalize or expense IDC
The choice to capitalize or expense IDC is at the entity level and is made only once when the taxpayer
Drills its first well
If the election is to capitalize IDC, costs are depleted over
The life of the reserves
Foreign IDC must be capitalized and amortized either through
Depletion or straight -line (SL) 10yr life
Foreign IDC does not have the option to
Elect to capitalize or expense IDC
If the election is to deduct (or expense) IDC, each succeeding year, an election is made to
Either capitalize or deduct any ratio of IDC in that year
If the option is to capitalized a portion of the IDC, it must be amortized
Straight-line over 5 years (60mths)
A type of service well that puts water or gas back into a producing formation to aid in receovery is
Injection well
A type of service well that provides water to the drilling site is
Water well
A type of service well that is drilled to diposed of production water, handles, water produced after completion is a
Salt Water Disposal well
A type of service well drilled to obtain water or carbon dioxide used for seconary or tertiary recovery
Supply well