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Should Congress end tax breaks for oil companies?

Congress hopes to save $21 billion over the next decade by eliminating tax breaks for the nation’s biggest oil companies. Senate Democrats argue that big oil companies should not continue to reap large profits while the rest of its economically hurt constituency continues to pay taxes.

Is this a wise move? How will an end to tax breaks affect the oil companies? What far reaching macroeconomic effects will the elimination of oil company tax breaks have on the wider economy?

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H. Sterling Burnett
Senior Fellow, National Center for Policy Analysis
Posted on May 13, 2011

Depends upon the desired result, removing the tax breaks will not lower but rather will raise prices. Will it bring additional revenue into the federal treasury maybe, maybe not -- depends upon whether, absent the ability to write off R & D development costs and capital/infrastructure investments, the oil companies decide to reduce new investments and slow new exploration and production, if that is the result then government revenues are likely to fall overall, not rise.

The real question is whether government should be giving "tax breaks" to businesses at all, and if so, why it should be doing so selectively so as to distort investment decisions to skew them toward politically preferred investments. Government has a poor track record of picking winners and losers in marketplace but a remarkable history of keeping companies and industries that are uncompetitive limping along for years when they are, in reality, long past their prime.

I have argued, in a series of blogs and papers, that government should end all government subsidies and let every energy source compete on a level playing field in the marketplace. (http://www.ncpa.org/pdfs/st321.pdf). Indeed, oil companies, when compared to almost any other source of energy, pay far more in taxes and recieve far less in subsidies and tax benefits than other energy sources per unit of output.

. According to the Energy Information Administration:
• Natural gas and petroleum subsidies amount to $0.25 per megawatt-hour of electricity produced.
• Coal subsidies amount to $0.44 per megawatt-hour.
• Biomass (including biofuels) subsidies amount to $0.89 per megawatt-hour.
By contrast:
• Nuclear power subsidies amount to $1.59 per megawatt-hour of electricity produced.
• Wind subsidies amount to $23.37 per megawatt-hour.
• Solar subsidies amount to $24.34 per megawatt-hour.

I have written about this in a paper released just this week. (http://www.ncpa.org/pdfs/st334.pdf)
In short, if you believe government should allow businesses to write off their investments in research, equipment and assests the there is no reason to single out the oil industry as the only industry that is not allowed to do so.
The best policy from a market incentive/distortion perspective is to treat all businesses equally, end all subsidies -- direct payments --, and any tax deductions allowed should be open to all businesses equally and on the same timescale.

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Dave Roberts
Dave Roberts Replied on May 16, 2011

Winner, winner, chicken dinner!

I would argue that government should end all business taxes, since businesses don't pay them anyway, but merely pass them on to their customers. But in the absence of that, at least stop distorting the market by trying to pick winners and losers. Stop all subsidies (farmers, ethanol, I'm looking at you) and choose consistent taxation schemes with no favored deductions.

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Robert  Rapier
Chief Technology Officer, Merica International
Posted on May 17, 2011

The knee-jerk reaction would be that companies that are making handsome profits don't need subsidies. But this issue is more complex than that.

The question to ask is “What is the the subsidy supposed to accomplish, and what is the impact of removing it?” It isn’t a question of whether a company making billions in profits “needs” a subsidy. Even companies that make billions of dollars evaluate projects on a case-by case-basis. Some of those projects may have poor economics, and companies won’t use billions in profits to subsidize projects with poor paybacks.

So the question is, “Is the subsidy encouraging the company to do something that we would like them to do, and that they otherwise would not do? Is the net impact to create more jobs and tax revenues?” Those are the questions that should be asked, and if the answer to those questions is “No”, then that subsidy would appear to be a waste of money.

In the case of oil company subsidies, two things are important to note. First is that some of the subsidies -- for instance Section 199 of the tax code -- is a manufacturer's tax deduction available to all manufacturer's in the U.S. Google and Microsoft get it. The big ethanol companies get it. Oil companies get it at a lower rate than those other companies (9% for Google and 6% for ExxonMobil) and yet it is called an oil company subsidy. So one should really understand the nature of the subsidies.

But the second thing is that Senate Democrats recently requested an analysis of the impact of removing the subsidies. While they touted this analysis as showing gas prices wouldn't go up, an actual reading of the memo showed just the opposite as I covered here:

http://bit.ly/kDT4bh

The bottom line is whether to get rid of the subsidies depends on what we are trying to do. It may be that we end up importing more oil, as the memo I dissected suggests. But it really requires an understanding of the nature of the subsidies, what they are intended to accomplish, and whether they are actually accomplishing it before one can determine whether they should be eliminated.

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Dave Roberts
Dave Roberts Replied on May 18, 2011

Robert, excellent point. Thank you also for the link to your blog post. My only disagreement with what you wrote (both here and there) is that I don't agree with the government trying to pick winners and losers *at all*. Frankly, every time I hear the words "energy policy," a shiver goes up my spine. I simply don't believe that any government policy is a better substitute than market forces exerted over time. I have nothing against people in the form of individuals or collectives (aka corporations) investing in alternative energy sources at their own risk. If they are successful, more power to them. I also don't mind paying $5/gal of gas if we arrive there through honest market mechanisms. When that is the case, it will incentivize people to come up with interesting solutions, just as $100/bbl oil prices results in marginal wells becoming profitable. What gets my hackles up is when we assume that government central planning will result in optimal economic outcomes and then start arguing (between both sides) as to how to tilt the playing field to favor our preferred outcome. It simply ends up in a mess. I agree with your analysis that the Democrats lied about oil prices going up if they repeal the current tax structures. What irks me is not the repeal, but the *selective* repeal. If it was up to me, I'd repeal *all* corporate subsidies (using a 5 - 10 year phase out to minimize a sudden, unplanned economic shock). I'd even seriously look at repealing all corporate income taxes under the theory that those are merely passed along to consumers and shareholders, as your blog post correctly states.

When we manipulate our markets, is it any wonder we end up with a mess?

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Robert Gordon
Managing Director, True Partners Consulting LLC
Posted on May 18, 2011

The question asked really has two components: (1) What are the tax "subsidies" that Congress is considering repealing? (2) How will the increased costs of a tax hike to oil companies increase gas prices?

(1) With the exception of Intangible Drilling Costs (IDCs), the tax "subsidies" represent deductions that all US manufacturing companies receive. The largest is the domestic manufacturing deduction (section 199) which was enacted to encourage productive economic activities in the US. Arguably, oil production activities are not "manufacturing" and perhaps never should have been favored by the legislation in the first place. (Many oil companies were surprised when it was included.) But refining and chemical operations are no different that any another manufacturing activities and there is no principled reason to exclude them.

IDCs reporesent costs necessary to bring oil fields into production(such as roads, drainage, infrastructure, surveys, etc.) that in most cases would be capitalized and recovered as the field produced oil. For decades, these costs have been viewed as similar to R&D costs, which can be expensed for other industries.

(2) Oil is a global commodity. So is gasoline. A marginal increase in the cost of the production in one location will have little or no effect on the price of the product to the end user.

The real ecnomic effect will be on the decisionmaking process for oil companies when choosing where to invest their capital. Exploration and development of oil fields is a massive, expensive, and extremely risky endeavor: companies can spend tens of billions of dollars over decades on a prospect with about a 30% chance of success. They make their investment decisions based on the risk-weighted return on investment; if taxes go up in the US, that makes it more expensive to drill in the US, which, at the margins, may make a prospect in another country more attractive. So the net effect--if any--will be to reduce exploration and development in the US.

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Bob Gately
Owner, Gately Consulting
Posted on May 18, 2011

"According to research from the Tax Foundation, the industry paid $26 billion in corporate income taxes in 2008, and accounted for almost $92 billion in government revenues when you combine income, excise and other levies."
The above is from www.investors.com.

BHO said when confronted by the news that raising the capital gains takes actually reduces federal tax revenues, "Somethings are just right to do." This issue has nothing to do with revenue but it has a lot to do with ideology. BHO said, "Under my cap and trade program electric relates will necessarily skyrocket." Perhaps the Dems know as taxes are raised on oil companies the price of energy goes up which will fulfill BHO promise and they can blame the oil companies.

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Dave Roberts
Dave Roberts Replied on May 18, 2011

Winner, winner, chicken dinner! This is not even an attempt at rational economic planning (if there could ever be such a thing, which there can't, which is why I actually support removing *all* subsidies from *all* industries). Here's the deal, whenever gas prices go up, the socialists among us start howling about "big oil" to deflect attention from their failed policies (energy and economic). The jihad to strip "big oil" of its "subsidies" (which you rightly point out are not subsidies, but rather are tax deductions that are also shared by a range of other companies in other fields) is not rational, it's merely theater to try to find a villan to scapegoat, lest somebody notice that socialism isn't working.

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John McCoy
Solutions Architect, Perceptive Software
Posted on May 12, 2011
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It's been said that companies don't pay taxes, I think this is true. Oil companies will simply pass the additional tax burden onto customers.

As transportation goes, the net effect will be that people with means will either live with the increases or purchase fuel efficient vehicles and people with very limited means will suffer terribly having to purchase the pre-owned gas guzzlers that were just shed.

In other areas, increased costs shipping and operating equipment (like farming and construction) will also drive up the costs of everyday goods. Everyone bears this cost, but the effected companies will simply pass the costs on their customers as well.

One additional thing is that this excuse will likely produce excess. I'm betting that cost increases will not be directly proportionate to the change in costs. Oil companies will raise costs slightly more than the cost of the new taxes and fuel consumers will raise costs slightly more than the additional cost of fuel. This multiplication will produce a net effect on the economy much worse that the cost of the taxes. I personally think when it all shakes out, the government will not realize a net gain unless they closely monitor the increases to prevent gouging. However, many will see the additional regulation as adding insult to injury.

In all, the largest impact is to poorer people who will bear the brunt of the price in the end because they have fewer alternatives and resources. Their food and transportation costs will increase and they will be least able to absorb or deflect the costs.

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Daniel Wong
President, Daniel Wireless LLC
Posted on May 13, 2011
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Of course the oil companies will say it would be a disaster if they lose their tax breaks - what else do you expect them to say?

But the government needs to have the backbone to do the right thing and end the tax breaks.

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H. Sterling Burnett
Senior Fellow, National Center for Policy Analysis
Posted on May 13, 2011
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A number of factors affect the price of oil but the primary one is good old supply and demand. If demand is high and supply is tight, prices rise, and that is a condition of the present market. While the U.S. has seen a growth in demand in the past year as its economy has begun to rebound, the real growth is in developing countries, especially China. Demand is growing faster than supply.

A second factor affecting oil prices is uncertainty. Oil is bought and sold months before it is expected to be delivered. If traders are uncertain that the oil will be there to be delivered when it is required, then they bid up the price to lock in their share of supply. The protests and street battles taking place in the Middle East where so much of the world’s oil either originates and/or must transit through, has added to the uncertainty.

A third factor affecting the price of oil is the relative strength or weakness of the dollar. Currently the dollar is weak. And with the U.S.’s deficit, and the anticipated lack of political will to tackle it and the long-term debt, the dollar is likely to remain weak for some time to come. Whatever the other positive or negative effects of a weak dollar, since oil is traded on the market in dollars, a weak dollar means oil producers require more of them for each barrel of oil.

U.S. policies can affect all three factors. Continued high prices could dampen or even contribute to reversing the modest economic growth the U.S. is experiencing, then, as happened two short years ago, U.S. demand for oil would fall and to the degree that U.S. demand places pressure on the oil market, prices should fall. Continued or expanded instability in the Middle East, and/or direct action to intervene, by the U.S. alone or in concert with allies, could also affect the supply of oil positively or negatively depending upon the results.

The U.S.’s pain at the pump is in no small part its own making. For years we have forgone oil exploration and production in the areas of the U.S. most likely to contain our largest remaining conventional reserves. And while President Obama is certainly correct, that drilling in the U.S. would not make us energy independent, it would reduce our dependence. Every time the price of oil increases dramatically we have the critics of more drilling argue, that “even if we began drilling now, it would be a decade before the oil was flowing.” In addition they claim, that increased domestic supplies would only reduce prices by some small amount – the amount changes but it is always too small to make a big difference in price.

While, it may take a decade to tap some of the oil in the most difficult regions but we could see oil flow from other areas in two to five years. More to the point, if we had begun drilling in ANWR in 1980 , we would have been pumping oil for 20 years now. And if we had started drilling when George H.W. Bush was President in 1990 during the first Gulf War, we would have been up to to a million barrels of oil a day from ANWR for a full decade by now. The point is to start now so the same arguments aren’t repeated and used to prevent drilling five years or a decade from now when prices spike again. If not now, when, if not here where?

The second half of the argument underappreciates the inordinate effect that new oil supplies entering the world market from the U.S. would have. Though an additional 2 million barrels a day from ANWR and the OCS would only be a drop in the bucket of world oil demand, because it is coming from the stable U.S. it would reduce the uncertainty that impacts global oil prices. This would have an outsized moderating influence on high prices and the volatility in the market – beyond that the simple addition of the oil would have. In commodities markets, where oil comes from counts.

I have written more about this topic, here:
http://environmentblog.ncpa.org/presidents-policies-feed-oil-price-fire/

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Jon Pietruszkiewicz
Jon Pietruszkiewicz Replied on May 14, 2011

not sure why it makes sense for us to use up our reserves and then be totally dependent on others at higher prices. Our reserves should be tapped ever so slightly to moderate price spikes. If we use all we have first, we will regret it. Its pay me now or pay me later. But I vote for protecting our future by maintaining reserves not more drilling.

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Rick Kadet
Vice President, Senior CFO Consultant, The Brenner Group, Inc.
Posted on May 13, 2011
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I don't think most of us know what these tax breaks are and what benefit we derive from them. So perhaps I should not be writing on this subject at all. But my reaction is that a predictable economic and tax system is needed by companies that make long term investments, such as oil drillers are forced to do. Therefore changing tax policy will impact their decisions, and uncertainty will slow allocation of resources whose return is uncertain.

Therefore I don't support tampering with the tax system. While I am generally sympathetic with the Democrats on many things, I think this call for taxing oil is political.

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Dave Roberts
Dave Roberts Replied on May 17, 2011

I agree that the call for taxing oil companies is political. "Big oil" is a Democrat boogeyman, used to scare the common citizen when he notices that gas prices are rising and might put 2 and 2 together and figure out that policies like not issuing drilling permits in the Gulf might be affecting supply.

I agree with you that tax rates should be predictable and stable. That's the only way that we can reduce the risk in the markets that will ultimately bring back investment, which is the only way that this economy is going to come back to life.

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Jon Pietruszkiewicz
Senior Project Manager, Black & Veatch
Posted on May 13, 2011
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yes subsidies should be temporary not permanent. Oil company arguements are scare tactics to protect their entrenched positions. Let's eliminate the subsidies and reap the benefits. If prices continue to rise it will cause us to use alternatives, but more alternatives will put a ceiling on future prices and help decrease the price of alternatives.

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Dave Roberts
Dave Roberts Replied on May 17, 2011

To be clear, there really are no "subsidies" for oil right now, as I understand it, only things like tax breaks for exploration costs, etc. Those are two different things (a subsidy generally being a direct payment of some sort rather than a deduction of costs paid).

That said, I agree with you that tax deductions should be removed, but it should be universal. Government should not be trying to pick winners and losers between energy sources or in any other market (let's get rid of farm subsidies, which are actually true subsidies, paying farmers not to plant).

But I agree with Dock David Treece that right now, raising taxes, which would be the effect of eliminating either deductions or subsidies, is not a good idea and risks a double-dip recession. I would favor something like a 5 - 10 year phase-out of all deductions and subsidies across all markets.

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Bob Gately
Owner, Gately Consulting
Posted on May 14, 2011
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What is the oil industry's profit in dollars per gallon versus all government taxes per gallon?

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Dock David Treece
Investment Advisor, Market Strategist, Treece Investment Advisory Corp
Posted on May 17, 2011
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Only if we want to see the economy take a double dip. Sure, oil companies are among the most profitable in the world. They have goods that the vast majority of people (especially in the US) consider a necessity. They're also among the world's largest employers, so hurting their profitability will also come down on their payrolls.

Meanwhile, guess which companies AREN'T among the world's most profitable companies, or have the largest payrolls? Alternative energy! Yet the government continues to throw good money after bad in an attempt to support this non-starter. I say cut the green subsidies first. At least oil companies make money for their employees, their shareholders, and the government. Lest we forget that they HELP other companies and employees make money through shipping, let alone allowing everyday folks to get to work. And I wonder how much revenue the federal government can attribute to that nice little "gas tax" everyone pays at the pump.

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Craig Brennan
Craig Brennan Replied on May 17, 2011

So we should extend a tax break to an industry that maintains a dependency on technology that's been outdated since the 1960's? Your argument is that oil companies should get tax breaks for doing the same things that other companies that do not receive tax breaks do. I think BPs adherence to safety regulations is a clear indication of the "benevolence" of oil companies. Change is painful and ugly, but it's also necessary. Oil is just another example, like publishing, of an industry that needs to be dragged kicking and screaming into the 21st century. It's an inevitability that green technology will one day replace it. But God forbid we actually innovate. The government has certainly thrown good money after bad at other non-starters like the internet and the space program.

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Dave Roberts
Vice President, Strategy, ServiceMesh, Inc.
Posted on May 17, 2011
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Dock David Treece, Actually, oil companies are not among the most profitable, at least in terms of how accountants and investors measure profitability. Given your title, you should know that (and I'm sure you do). :-) (BTW, I'm on your side in this debate, and I agree that increased corporate taxes generally would cause a double-dip.)

For the rest of you, oil companies do make huge amounts of absolute profit, but that's only because they have huge top-line sales (because *EVERYBODY* who isn't living in a cave has to buy energy). The actual profit margin for these companies is far smaller. In the USA, Exxon earns less on a gallon of gas than the state and federal governments do (http://www.dailymarkets.com/economy/2011/04/27/gasoline-taxes-vs-exxon-profit...).

If your logic is that we should tax profitable companies (Jeeva, I'm looking at you), then we should really be looking at companies like Apple, Microsoft, Google, etc. Those companies are *FAR* (!!!!) more profitable than the oil companies.

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Sure, we must do. When Oil companies rank in top 10 richest companies in the world, why we must need to believe that they will not stand the tax? Even small business pay tax.

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