1 | 1 | | |
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2 | 2 | | SB0112A -1- SB 112 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0566\N |
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10 | 10 | | |
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11 | 11 | | SENATE BILL NO. 112 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY THE SENATE RULES COMMITTEE |
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18 | 18 | | |
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19 | 19 | | Introduced: 2/26/25 |
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20 | 20 | | Referred: Resources, Finance |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to credits against the oil and gas production tax; and providing for an 1 |
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28 | 28 | | effective date." 2 |
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29 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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30 | 30 | | * Section 1. AS 43.55.024(i) is amended to read: 4 |
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31 | 31 | | (i) Subject to the restriction in (k) of this section, a [A] producer may apply |
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32 | 32 | | 5 |
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33 | 33 | | against the producer's tax liability for the calendar year under AS 43.55.011(e) a tax 6 |
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34 | 34 | | credit of $5 for each barrel of oil taxable under AS 43.55.011(e) that receives a 7 |
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35 | 35 | | reduction in the gross value at the point of production under AS 43.55.160(f) or (g) 8 |
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36 | 36 | | and that is produced during a calendar year after December 31, 2013. A tax credit 9 |
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37 | 37 | | authorized by this subsection may not reduce a producer's tax liability for a calendar 10 |
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38 | 38 | | year under AS 43.55.011(e) below zero. 11 |
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39 | 39 | | * Sec. 2. AS 43.55.024(j) is amended to read: 12 |
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40 | 40 | | (j) Subject to the restriction in (k) of this section, a [A] producer may apply 13 |
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41 | 41 | | against the producer's tax liability for the calendar year under AS 43.55.011(e) a tax 14 34-LS0566\N |
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42 | 42 | | SB 112 -2- SB0112A |
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43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
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44 | 44 | | |
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45 | 45 | | credit in the amount specified in this subsection for each barrel of oil taxable under 1 |
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46 | 46 | | AS 43.55.011(e) that does not receive a reduction in the gross value at the point of 2 |
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47 | 47 | | production under AS 43.55.160(f) or (g) and that is produced during a calendar year 3 |
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48 | 48 | | after December 31, 2013, from leases or properties north of 68 degrees North latitude. 4 |
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49 | 49 | | A tax credit under this subsection may not reduce a producer's tax liability for a 5 |
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50 | 50 | | calendar year under AS 43.55.011(e) below the amount calculated under 6 |
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51 | 51 | | AS 43.55.011(f). The amount of the tax credit for a barrel of taxable oil subject to this 7 |
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52 | 52 | | subsection produced during a month of the calendar year is 8 |
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53 | 53 | | (1) $5 [$8] for each barrel of taxable oil if the average gross value at 9 |
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54 | 54 | | the point of production for the month is less than $80 a barrel; 10 |
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55 | 55 | | (2) $4 [$7] for each barrel of taxable oil if the average gross value at 11 |
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56 | 56 | | the point of production for the month is greater than or equal to $80 a barrel, but less 12 |
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57 | 57 | | than $90 a barrel; 13 |
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58 | 58 | | (3) $3 [$6] for each barrel of taxable oil if the average gross value at 14 |
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59 | 59 | | the point of production for the month is greater than or equal to $90 a barrel, but less 15 |
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60 | 60 | | than $100 a barrel; 16 |
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61 | 61 | | (4) $2 [$5] for each barrel of taxable oil if the average gross value at 17 |
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62 | 62 | | the point of production for the month is greater than or equal to $100 a barrel, but less 18 |
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63 | 63 | | than $110 a barrel; 19 |
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64 | 64 | | (5) $1 [$4] for each barrel of taxable oil if the average gross value at 20 |
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65 | 65 | | the point of production for the month is greater than or equal to $110 a barrel [, BUT 21 |
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66 | 66 | | LESS THAN $120 A BARREL; 22 |
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67 | 67 | | (6) $3 FOR EACH BARREL OF TAXABLE OIL IF THE AVERAGE 23 |
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68 | 68 | | GROSS VALUE AT THE POINT OF PRODUCTION FOR THE MONTH IS 24 |
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69 | 69 | | GREATER THAN OR EQUAL TO $120 A BARREL, BUT LESS THAN $130 A 25 |
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70 | 70 | | BARREL; 26 |
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71 | 71 | | (7) $2 FOR EACH BARREL OF TAXABLE OIL IF THE AVERAGE 27 |
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72 | 72 | | GROSS VALUE AT THE POINT OF PRODUCTION FOR THE MONTH IS 28 |
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73 | 73 | | GREATER THAN OR EQUAL TO $130 A BARREL, BUT LESS THAN $140 A 29 |
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74 | 74 | | BARREL; 30 |
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75 | 75 | | (8) $1 FOR EACH BARREL OF TAXABLE OIL IF THE AVERAGE 31 34-LS0566\N |
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76 | 76 | | SB0112A -3- SB 112 |
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77 | 77 | | New Text Underlined [DELETED TEXT BRACKETED] |
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78 | 78 | | |
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79 | 79 | | GROSS VALUE AT THE POINT OF PRODUCTION FOR THE MONTH IS 1 |
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80 | 80 | | GREATER THAN OR EQUAL TO $140 A BARREL, BUT LESS THAN $150 A 2 |
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81 | 81 | | BARREL; 3 |
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82 | 82 | | (9) ZERO IF THE AVERAGE GROSS VALUE AT THE POINT OF 4 |
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83 | 83 | | PRODUCTION FOR THE MONTH IS GREATER THAN OR EQUAL TO $150 A 5 |
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84 | 84 | | BARREL]. 6 |
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85 | 85 | | * Sec. 3. AS 43.55.024 is amended by adding a new subsection to read: 7 |
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86 | 86 | | (k) In a calendar year, for each lease or property, a producer may not apply 8 |
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87 | 87 | | against the producer's tax liability under AS 43.55.011(e) credits earned under (i) or (j) 9 |
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88 | 88 | | of this section in an amount that exceeds the producer's qualified capital expenditures 10 |
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89 | 89 | | for the lease or property. A producer may not carry forward an unused credit under 11 |
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90 | 90 | | this subsection. In this subsection, "qualified capital expenditure" has the meaning 12 |
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91 | 91 | | given in AS 43.55.023(o). 13 |
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92 | 92 | | * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 14 |
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93 | 93 | | read: 15 |
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94 | 94 | | APPLICABILITY. AS 43.55.024(i) and (j), as amended by secs. 1 and 2 of this Act, 16 |
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95 | 95 | | and AS 43.55.024(k), added by sec. 3 of this Act, apply to credits resulting from oil produced 17 |
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96 | 96 | | on or after January 1, 2025. 18 |
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97 | 97 | | * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 19 |
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98 | 98 | | read: 20 |
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99 | 99 | | TRANSITION: PAYMENT OF TAX. Not withstanding AS 43.55.020, a person 21 |
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100 | 100 | | subject to an adjustment to tax liability as a result of AS 43.55.024(i) and (j), as amended by 22 |
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101 | 101 | | secs. 1 and 2 of this Act, and AS 43.55.024(k), added by sec. 3 of this Act, shall pay the 23 |
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102 | 102 | | balance of the tax due before January 1, 2026, by January 1, 2026. Until January 1, 2026, the 24 |
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103 | 103 | | Department of Revenue shall waive interest that would otherwise accrue under AS 43.05.225 25 |
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104 | 104 | | and civil and criminal penalties accruing under AS 43.05.220, 43.05.245, and 43.05.290 that 26 |
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105 | 105 | | are a result of the retroactivity of this Act. 27 |
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106 | 106 | | * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 28 |
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107 | 107 | | read: 29 |
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108 | 108 | | RETROACTIVITY OF REGULATIONS. Notwithstanding a contrary provision of 30 |
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109 | 109 | | AS 44.62.240, if the Department of Revenue expressly designates in a regulation that the 31 34-LS0566\N |
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110 | 110 | | SB 112 -4- SB0112A |
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111 | 111 | | New Text Underlined [DELETED TEXT BRACKETED] |
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112 | 112 | | |
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113 | 113 | | regulation applies retroactively to a specific date, a regulation adopted by the department to 1 |
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114 | 114 | | implement, interpret, make specific, or otherwise carry out this Act applies retroactively to 2 |
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115 | 115 | | that date. 3 |
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116 | 116 | | * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 4 |
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117 | 117 | | read: 5 |
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118 | 118 | | RETROACTIVITY. This Act is retroactive to January 1, 2025. 6 |
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119 | 119 | | * Sec. 8. This Act takes effect immediately under AS 01.10.070(c). 7 |
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