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Depletion on Oil Royalties? I'm receiving royalty income for the first time. Can I charge 15% Depletion as an expense?

 
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Depletion on Oil Royalties? I'm receiving royalty income for the first time. Can I charge 15% Depletion as an expense?

it's a little more complicated.

 

working interest and royalty interest owners can claim the greater of cost depletion (IRC SEC 612) or percentage depletion (IRC SEC 613A)

cost depletion = unrecovered depletable costs divided by estimated recoverable reserves in units at the beginning of the year or acquistion (usually from and engineering report) times units sold (for cash basis taxpayer - amount received during year) 

percentage depletion rules 

1) a % of gross receipts that does not includebonuses, advance royalties or other amounts received without regard to actual production

2) rate is generally 15%

3) who qualifies - independent producers (generally working interest owners who are not retailers or refiners) with <1,000barrels of daily production. Royalty owners are also eligible

4) % depletion is limited to net income from each property before depletion

5) a taxpayer's total % depletion deduction from oil and gas properties cannot exceed 65% of taxable income computed before % depletion, any NOL or capital loss carrybacks and the  199A deduction 

 

also see iRS PUB 5652

 

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