Lots of good stuff on the NYTimes website for tomorrow.   This article is
from the front page.    I get into trouble for quoting this stuff to my
relatives who have made their living in the oil business in Oklahoma and
Texas.    They also suffer from the brain damage, pulmonary problems and
cancers caused by the same pollution that is effecting the average person on
the beach in the Gulf of Mexico these days.    

 

When the oil and auto industry got together in America's cities they talked
the cities into polluting buses and dismantling their rail transit that was
much cheaper and less polluting.   The good ole' days.     What kind of
society will we have tomorrow?    Will it be agrarian?   Or a big central
planning socialist structure or big companies that are wheeler dealers with
accountability while touting the creativity of the entrepreneur that doesn't
exist?     Good thinks to talk about on the Future of Work list.   But
unless you dream and share, it's just the same ole time religion.    What
kind of world are they dreaming for you in Toronto, Washington, London,
Moscow, Beijing?     What kind of world are you dreaming and where did that
dream come from?    Do you want a better life or are you satisfied as you
are?

 

REH

NYCity

2010

 

July 3, 2010


As Oil Industry Fights a Tax, It Reaps Billions From Subsidies


By DAVID KOCIENIEWSKI
<http://topics.nytimes.com/top/reference/timestopics/people/k/david_kocienie
wski/index.html?inline=nyt-per> 


When the Deepwater Horizon drilling platform set off the worst oil spill
<http://topics.nytimes.com/top/reference/timestopics/subjects/o/oil_spills/g
ulf_of_mexico_2010/index.html?inline=nyt-classifier>  at sea in American
history, it was flying the flag of the Marshall Islands. Registering there
allowed the rig's owner to significantly reduce its American taxes. 

The owner, Transocean
<http://topics.nytimes.com/top/news/business/companies/transocean_inc/index.
html?inline=nyt-org> , moved its corporate headquarters from Houston to the
Cayman Islands in 1999 and then to Switzerland in 2008, maneuvers that also
helped it avoid taxes. 

At the same time, BP
<http://topics.nytimes.com/top/news/business/companies/bp_plc/index.html?inl
ine=nyt-org>  was reaping sizable tax benefits from leasing the rig.
According to a letter sent in June to the Senate Finance Committee, the
company used a tax break for the oil industry to write off 70 percent of the
rent for Deepwater Horizon - a deduction of more than $225,000 a day since
the lease began. 

With federal officials now considering a new tax on petroleum production to
pay for the cleanup, the industry is fighting the measure, warning that it
will lead to job losses and higher gasoline prices, as well as an increased
dependence on foreign oil. 

But an examination of the American tax code indicates that oil production is
among the most heavily subsidized businesses, with tax breaks available at
virtually every stage of the exploration and extraction process. 

According to the most
<http://www.cbo.gov/ftpdocs/67xx/doc6792/10-18-Tax.pdf>  recent study by the
Congressional
<http://topics.nytimes.com/top/reference/timestopics/organizations/c/congres
sional_budget_office/index.html?inline=nyt-org>  Budget Office, released in
2005, capital investments like oil field leases and drilling equipment are
taxed at an effective rate of 9 percent, significantly lower than the
overall rate of 25 percent for businesses in general and lower than
virtually any other industry. 

And for many small and midsize oil companies, the tax on capital investments
is so low that it is more than eliminated
<http://www.treas.gov/press/releases/tg284.htm>  by var-ious credits. These
companies' returns on those investments are often higher after taxes than
before. 

"The flow of revenues to oil companies is like the gusher at the bottom of
the Gulf of Mexico: heavy and constant," said Senator Robert Menendez
<http://topics.nytimes.com/top/reference/timestopics/people/m/robert_menende
z/index.html?inline=nyt-per> , Democrat of New Jersey, who has worked
alongside the Obama administration on a bill that would cut $20 billion in
oil industry tax breaks over the next decade. "There is no reason for these
corporations to shortchange the American taxpayer." 

Oil industry officials say that the tax breaks, which average about $4
billion a year according to various government reports, are a bargain for
taxpayers. By helping producers weather market fluctuations and invest in
technology, tax incentives are supporting an industry that the officials say
provides 9.2 million jobs. 

The American Petroleum
<http://topics.nytimes.com/top/reference/timestopics/organizations/a/america
n_petroleum_institute/index.html?inline=nyt-org>  Institute, an industry
advocacy group, argues
<http://www.api.org/statistics/earnings/upload/earnings_perspective.pdf>
that even with subsidies, oil producers paid or incurred $280 billion in
American income taxes from 2006 to 2008, and pay a higher percentage of
their earnings in taxes than most other American corporations. 

As oil continues to spread across the Gulf of Mexico, however, the industry
is being forced to defend tax breaks that some say are being abused or are
outdated. 

The Senate Finance Committee on Wednesday announced that it was
investigating whether Transocean had exploited tax laws by moving overseas
to avoid paying taxes in the United States. Efforts to curtail the tax
breaks are likely to face fierce opposition in Congress; the oil and natural
gas industry has spent $340 million on lobbyists since 2008, according to
the nonpartisan Center for Responsive Politics, which monitors political
spending. 

Jack N. Gerard, president of the American Petroleum Institute, warns that
any cut in subsidies will cost jobs. 

"These companies evaluate costs, risks and opportunities across the globe,"
he said. "So if the U.S. makes changes in the tax code that discourage
drilling in gulf waters, they will go elsewhere and take their jobs with
them." 

But some government watchdog groups say that only the industry's political
muscle is preserving the tax breaks. An economist for the Treasury
Department
<http://topics.nytimes.com/top/reference/timestopics/organizations/t/treasur
y_department/index.html?inline=nyt-org>  said in 2009 that a study
<http://www.treas.gov/press/releases/tg284.htm>  had found that oil prices
and potential profits were so high that eliminating the subsidies would
decrease American output by less than half of one percent. 

"We're giving tax breaks to highly profitable companies to do what they
would be doing anyway," said Sima J. Gandhi, a policy analyst at the Center
for American Progress, a liberal research organization. "That's not an
incentive; that's a giveaway." 

Some of the tax breaks date back nearly a century, when they were intended
to encourage exploration in an era of rudimentary technology, when costly
investments frequently produced only dry holes. Because of one lingering
provision from the Tariff Act of 1913, many small and midsize oil companies
based in the United States can claim deductions for the lost value of tapped
oil fields far beyond the amount the companies actually paid for the oil
rights. 

Other tax breaks were born of international politics. In an attempt to deter
Soviet influence in the Middle East in the 1950s, the State Department
backed a Saudi Arabian accounting maneuver that reclassified the royalties
charged by foreign governments to American oil drillers. Saudi Arabia and
others began to treat some of the royalties as taxes, which entitled the
companies to subtract those payments from their American tax bills. Despite
repeated attempts to forbid this accounting practice, companies continue to
deduct the payments. The Treasury Department estimates that it will cost
$8.2 billion over the next decade. 

Over the last 10 years, oil companies have also been aggressive in using
foreign tax havens. Many rigs, like Deepwater Horizon, are registered in
Panama or in the Marshall Islands, where they are subject to lower taxes and
less stringent safety and staff regulations. American producers have also
aggressively exploited the tax code by opening small offices in low-tax
countries. A recent study
<http://www.tax.com/taxcom/taxblog.nsf/Permalink/UBEN-86GPTN?OpenDocument>
by Martin A. Sullivan, an economist for the trade publication Tax Analysts,
found that the five oil drilling companies that had undergone these
"corporate inversions" had saved themselves a total of $4 billion in taxes
since 1999. 

Transocean - which has approximately 18,000 employees worldwide, including
1,300 in Houston and about a dozen in Zug, Switzerland - has saved $1.8
billion in taxes since moving overseas in 1999, the study found. 

Transocean said it had paid more than $300 million in taxes so far for 2009,
and that its move reflected its global scope, with only 15 of its 139 rigs
located in the United States. "Transocean is truly a global company," it
said in a statement. 

Despite the public anger at the gulf spill, it is far from certain that
Congress will eliminate the tax breaks. As recently as 2005, when windfall
profits for energy companies prompted even President George W. Bush
<http://topics.nytimes.com/top/reference/timestopics/people/b/george_w_bush/
index.html?inline=nyt-per>  - a former Texas oilman himself - to publicly
call for an end to incentives, the energy bill he and Congress enacted still
included $2.6 billion in oil subsidies. In 2007, after Democrats took
control of Congress, a move to end the tax breaks failed. 

Mr. Menendez said he believed the Gulf spill was devastating enough to spur
Congress into action. But one notable omission in his bill shows the vast
economic reach of the industry. While the legislation would cut many
incentives over the next decade, it would not touch the tax breaks for oil
refineries, many of which have operations and employees in his home state,
New Jersey. 

Mr. Menendez's aides said the senator thought it was legitimate to allow
refineries to continue claiming a manufacturing tax credit that he wants to
eliminate for drillers because refining is a manufacturing business and
because refineries do not benefit from high oil prices. Mr. Menendez did not
consult with New Jersey refineries when writing the bill, his aides said. 

 

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