How Should Shale Gas Extraction Be Taxed

This paper suggests that the environmental and commercial features of shale gas extraction do not warrant a significantly different fiscal regime than recommended for conventional gas. Fiscal policies may have a role in addressing some environmental risks (e.g., greenhouse gases, scarce water, local air pollution) though in some cases their net benefits may be modest. Simulation analyses suggest, moreover, that special fiscal regimes are generally less important than other factors in determining shale gas investments (hence there appears little need for them), yet they forego significant revenues.

This paper suggests that the environmental and commercial features of shale gas extraction do not warrant a significantly different fiscal regime than recommended for conventional gas. Fiscal policies may have a role in addressing some environmental risks (e.g., greenhouse gases, scarce water, local air pollution) though in some cases their net benefits may be modest. Simulation analyses suggest, moreover, that special fiscal regimes are generally less important than other factors in determining shale gas investments (hence there appears little need for them), yet they forego significant revenues.

Drilling in shale formations rich in oil and gas has caused the U.S. to become the global leader in hydrocarbon production, but the growth has come with environmental and public infrastructure costs. States have been slow to introduce taxes to pay for impacts, fearing a decline in drilling-related investment. An exception is Pennsylvania, which introduced a per-well Impact Fee in 2012. Using a difference-in-differences quasi-experimental design and data that nearly cover the universe of leases and wells in Pennsylvania and West Virginia, we find that well drilling, which can require a year or more of preparation, saw modest, if any, declines in the ten months after the Fee's enactment. In contrast, acreage being leased by energy firms declined dramatically. The decline likely reflects a liquidity-crunch caused by retroactive application of the Fee in a time of low natural gas prices and the limited pass-through of the Fee to resource owners. Firms could not change the terms of leases signed before the Fee, and for new leases, we estimate that only half of the Fee was passed to resource owners, 80 percent of which occurred through a lower royalty rate and 20 percent through a lower signing bonus. The findings suggest at least a short-term trade-off between investment and taxes to pay for externalities, even in an industry dependent on a geographically-fixed resource.

Taxation of oil and gas is one of the more complicated areas of the U.S. federal income tax law. Unique principleshave developed over the years as Congress, the IRS, the courts and taxpayers have designed, interpreted, and pursued energy development. Taxpayers and the government have had to deal with the high risk and significant costs associated with oil and gas development, all within the context of oil and gas production being a core national security priority through the years. The unconventional revolution combined with continued significant conventional development has caused a renewed interest in these matters. Taxation is always crucial in judging the economics of oil and gasdevelopment, so this casebook should prove timely as taxpayers and financial advisors renew their interest — or immerse themselves for the first time — in these concepts and principles. A particular challenge is application of conventional rulesto unconventional production processes, which is highlighted and explored in this timely casebook. The aim of Chapter 1 is to provide an overview of the history of oil and gas development in the United States, as well as to introduce basic federal income tax concepts. This knowledge will facilitate the in-depth study of U.S federal oil and gas taxation in Chapters 2–11. Professors and students will benefit from: Discussion of historic oil and gas industry and general federal income tax issues Discussion of oil and gas tax principles, provisions and policies, highlighting unique aspects of the law Text that fits unconventional development into the conventional tax rules developed over the years Practitioners will benefit from: Refresh of oil and gas tax issues contained in a casebook dedicated entirely to oil and gas tax matters Comparison and contrast of unconventional and conventional principles, policies and tax rules

Since the implementation of hydraulic fracturing, natural gas extractors have been able to reach deposits of natural gas that were previously thought cost prohibitive or impossible. The Marcellus Shale, which covers much of the Mid-Atlantic region, has become a plentiful source of natural gas because of this hydraulic fracturing implementation. The environmental concerns of hydraulic fracturing have been well publicized in both the media and academia. However, little has been discussed about the pragmatic and ancillary aspects of natural gas extraction in the Marcellus Shale region, namely severance taxes. Severance taxes are excise taxes on the extraction of natural resources. The severance taxes fulfill many roles including general gubernatorial funding, environmental protection funding, and as a general deterrence to the extraction of the natural resource. Despite the broad utility of severance taxes, many states in the Marcellus Shale region have not enacted severance taxes on natural gas. With many of the issues facing states in the Marcellus Shale region such as budgetary difficulties and environmental protection, the Article postures that at least one of these states will enact a severance tax on natural gas in the near future. This Article attempts to provide a survey of severance tax policies from high natural gas producing states that already have natural severance taxes in place. In doing so, this Article emphasizes certain severance tax policies in states with active natural gas extraction as beneficial and practical for states in the Marcellus Shale region that have not yet enacted a severance tax on natural gas. In addition to endorsing certain severance tax policies, this Article also discusses federal constraints on the states' enactment severance taxes.

The taxation of natural resources is one of the more complicated areas of the U.S. federal income tax system. From the acquisition of the mineral rights, to the exploration and development of the property, to the ultimate production of the mineral, there are unusual and challenging tax aspects along every step of the way. Oil and Gas: Federal Income Taxation is an invaluable single-source handbook for accounting, tax and legal practitioners concerned with financial issues related to oil and gas industry tax law. Updated and revised by noted oil and gas taxation authorities, Patrick A. Hennessee, Ph.D., CPA, and Sean P. Hennessee, J.D., M.S. Taxation, M.B.A., this detailed reference is divided into six main sections:

There are few areas of economic policy-making in which the returns to good decisions are so high—and the punishment of bad decisions so cruel—as in the management of natural resource wealth. Rich endowments of oil, gas and minerals have set some countries on courses of sustained and robust prosperity; but they have left others riddled with corruption and persistent poverty, with little of lasting value to show for squandered wealth. And amongst the most important of these decisions are those relating to the tax treatment of oil, gas and minerals. This book will be of interest to Economics postgraduates and researchers working on resource issues, as well as professionals working on taxation of oil, gas and minerals/mining.

Better designed and implemented fiscal regimes for oil, gas, and mining can make a substantial contribution to the revenue needs of many developing countries while ensuring an attractive return for investors, according to a new policy paper from the International Monetary Fund. Revenues from extractive industries (EIs) have major macroeconomic implications. The EIs account for over half of government revenues in many petroleum-rich countries, and for over 20 percent in mining countries. About one-third of IMF member countries find (or could find) resource revenues “macro-critical” – especially with large numbers of recent new discoveries and planned oil, gas, and mining developments. IMF policy advice and technical assistance in the field has massively expanded in recent years – driven by demand from member countries and supported by increased donor finance. The paper sets out the analytical framework underpinning, and key elements of, the country-specific advice given. Also available in Arabic: ????? ??????? ?????? ???????? ???????????: ??????? ???????? Also available in French: Régimes fiscaux des industries extractives: conception et application Also available in Spanish: Regímenes fiscales de las industrias extractivas: Diseño y aplicación

The emergence of unconventional oil and gas extraction, known as the "shale revolution", since 2008 has fundamentally reshaped the global energy sector. This revolution, driven by technological advancements in hydraulic fracturing and horizontal drilling, has unlocked vast reserves of oil and gas previously deemed inaccessible. Despite challenges like the COVID-19 pandemic, fluctuating oil prices, and growing environmental concerns, unconventional resources continue to play a pivotal role in shaping energy policies worldwide. This book delves deeply into the transformative impact of unconventional resources on international energy markets and policies, providing a comprehensive analysis of their significance. Written by over 20 experts in oil and gas law, the book offers a rich, multidisciplinary perspective. It covers topics that are "horizontal" and cut across various jurisdictions, providing a comparative approach that spans 11 different countries, including the USA, Canada, Argentina, Brazil, Colombia, Mexico, the UK, Algeria, Libya, China, and Germany. This extensive analysis ensures a broad understanding of the global landscape of unconventional resources. Main themes include: · Global Impact: Unconventional resources have not only transformed the United States into a leading oil and gas producer but have also significantly influenced energy strategies worldwide. Countries across North America, South America, Europe, and Asia have adopted various strategies to harness these resources, reshaping the global energy market. · Policy Considerations: Key policy issues addressed in the book include the environmental and social impacts of unconventional resource extraction. Topics such as water management, the coexistence of drilling operations with other land uses, and the social implications of resource extraction are thoroughly examined. · Legal Framework: The book explores the complex legal landscape governing unconventional operations, delves into stakeholder dynamics, regulatory frameworks, and the intricacies of legal provisions that vary from one jurisdiction to another. · Geographical Analysis: In its second part, the book provides an in-depth analysis of specific country regulations. This section offers comparative insights into the regulatory approaches of eleven countries, highlighting both common challenges and unique strategies. The book concludes by exploring lessons learned and future perspectives within the framework of the energy trilemma—balancing energy security, environmental sustainability, and economic affordability. It emphasizes the transformative impact of unconventional resources on energy independence and security, while also addressing the contentious environmental considerations that accompany such developments. Overall, this book aims to equip readers with a comprehensive understanding of the legal and regulatory landscape surrounding unconventional oil and gas resources. By examining global experiences and diverse regulatory frameworks, it seeks to inform decision-making processes and promote sustainable development in the unconventional energy sector. The book benefits from critical analyses and comparative descriptive reviews of each country's unique approach, making it an invaluable resource for policymakers, industry professionals, and scholars alike.

Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series 'Global Energy Law and Policy' and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.