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My Turn: Oil tax cut means state income or sales tax more likely

Posted: February 7, 2013 - 1:08am

Reducing Alaskan oil taxes without an explicit linkage to more Alaskan investment is just bad business. That’s what I learned from spending all of last summer and fall talking to voters, one at a time. The majority of them told me that the right approach to oil tax reform was to be business-like in our dealings with the oil industry. Lowering oil taxes is fine, they told me, if it leads to more Alaskan jobs, more wells, more oil in the pipeline.

Unfortunately, the governor’s oil tax bill does nothing to assure more investment on the North Slope. Worse, it hastens the day when you will be told you must pay a state income tax, or a state sales tax, or give up most of your Permanent Fund Dividend. Should his bill pass, the state will begin drawing down the savings accounts that the Legislature wisely built up the past few years. Once those savings are depleted, you will have to pay.

The governor’s bill sets a 25 percent flat tax rate that does not go up. So while oil company profits soar the state’s share remains fixed. Right now, under ACES, ConocoPhillips is making about $6.2 million every day in net profits in Alaska. BP and ExxonMobil, who are not required to report their Alaskan profits separately, probably make about the same.

The governor’s bill would increase ConocoPhillips’ $6.2 million daily profit at the expense of state revenues. What do we Alaskans, who own that oil resource in common, get in exchange? Basically nothing. The bad news is that the governor’s bill does not require any specific performance from oil companies to qualify for this lower tax. Not one dollar more of investment is demanded. If the governor’s bill becomes law, the industry is free to take its increased Alaskan profits and invest them anywhere else in the world.

This is not the approach that I will be advocating for this year in Juneau. I’m working with my colleagues on a bill that ties reductions in our oil tax to investment in Alaska. I believe that ACES is a good system, but like any tax system, it can always be made better. We all want to see more development on the North Slope. We all want to see a full pipeline. But we have to be smart enough, and firm enough, to not get taken in the process. Alaska’s history is full of examples that should teach us to be hyper-vigilant when setting oil tax policy.

Indeed, we as a state once tried a ‘lower taxes and hope’ approach similar to the one now being advanced by the governor. Under the system known as ELF, tax rates in practically every oil field in Alaska dropped steadily. To take just one example, the production tax rate at the Kuparuk field, the second largest oil field in North America, was 12 percent in 1996 and it steadily dropped over the next ten years until it went below 1 percent in 2006. Think about that. We conducted a 10 year real-time experiment in dropping oil taxes on a major North Slope field. Did production go up? No. The Kuparuk field declined at a steady 7 percent throughout that time period. Dropping the tax rate by itself was not enough to ‘fill the pipe.’

To make matters worse, the money the oil industry was making in Alaska during that low-tax era was flowing out of the state. You don’t have to take my word on that. BP said so explicitly in an official company document. The memo, marked “Restricted,” came to light during a court battle. It’s dated February 9, 2004 and it says: “Alaska’s role in BP’s portfolio is to provide a stable production base and cash flow to fuel growth elsewhere in the business.”

Elsewhere. This is why many of us in the Legislature can seem stubborn at times when it comes to granting tax breaks. Done the wrong way, oil tax reform leaves Alaskans empty-handed. Do it right, and both sides can prosper.

• Sen. French is a Democrat who represents District J in Anchorage.

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jmacinak
397
Points
jmacinak 02/07/13 - 02:59 am
13
4

Thank you Senator French

for standing for Alaska.

Ratfishtim
547
Points
Ratfishtim 02/07/13 - 08:27 am
13
3

What would Wally Hickel do?

He'd have some backbone and stand up for the "owner state." That's what.

Recently, "oil industry officials told the Senate Finance and Taxation Committee Tuesday that the state's dynamic tax policy adds more risk to an already risky and costly business and could cause drillers to move rigs elsewhere. Oil officials also cautioned lawmakers to not become overly reliant on oil revenues because of the boom-bust nature of the industry."

Sound familiar? Do you think that was the Alaska Senate?

Guess again! It was North Dakota, the state that the Parnell/Treadwell regime says Alaska must emulate in order to attract new oil industry.

http://www.businessweek.com/ap/2013-02-06/nd-oil-tax-restructuring-measu...

Latitude58
14742
Points
Latitude58 02/07/13 - 08:53 am
7
4

"business-like in our dealings with the oil industry"

Hollis, I think you misunderestimate your fellow republican politicians. They're all about being businesslike. They tell us that all the time. They love business. You're just failing to recognize it even though it's right in front of your nose.

You're assuming that the business transaction is between the State and the oil industry. You need to step out of your box and see the much wider world of opportunities.

Such as the business dealings between the oil industry and the POLITICIAN. You see, THAT is a much more lucrative transaction for both parties. There are some business risks of course, as the CBC discovered, but those risks are very low, and the rewards are very high.

Sounds like you're missing out on a ride on the gravy train. And so are the rest of us Alaskans.

islander
1257
Points
islander 02/07/13 - 09:56 am
11
3

NOrth Dakota

I believe ND was reported as having a flat 37.5% tax with no tax credits or incentive to oil companies. Parnell's plan keeps all credits and incentives and would tax oil at 20% less than ND. There is no doubt who benefits from that plan: oil companies. Lets face it how can Conoco stay in business with only $ 6 million a day profit.

kjashen
978
Points
kjashen 02/07/13 - 10:41 am
10
3

it is in the details

interesting that BP in their internal memos refer to the profit earned in Alaska as their "stable" income allowing them to invest and search for oil in other places.

Latitude58
14742
Points
Latitude58 02/07/13 - 10:42 am
7
3

ND

90% of North Dakota is privately owned.

Not only do they have a state tax structure, but they also have royalty and lease payments due to the private holders of the surface and mineral rights. Add the two together and they are very substantial.

What we call taxes here are really a combination of taxes and royalties since all of the land (and the oil under it) is a publicly owned resource.

Curious that the proponents of this 'competition' never bother to mention that, isn't it?

Also, the ND tax structure is highly progressive - taxes get much steeper when the price of oil is high.

Calypso
6974
Points
Calypso 02/07/13 - 10:59 am
4
12

Alaska is not competitive

Alaska is not competitive

•Alaska has a lot of oil, but higher taxes have led to less production.
•Since 2006, oil production taxes in Alaska have risen 350 percent, based on an oil price of $80 a barrel, and even more at $90. North Slope production has since fallen from 716,000 bpd in 2008 to 590,000 in FY 2012.
•Alaska’s fiscal terms are not competitive with other states that are attracting industry investment. At $115, the effective tax rate in Alaska, including all taxes and royalties, is approximately 85 percent on a barrel of oil. (Alaska Department of Revenue)
•Because of an oil production tax structure which takes the lion’s share of a company’s upside, there is no significant difference in a producer’s net income between $90 and $125 a barrel, leaving the company little upside at high prices. (ConocoPhillips Alaska, Inc.)
•Alaska has the highest industry costs and tax rates in the nation. It is not enough for Alaska to be profitable for investors, it also must be competitive. (Alaska Oil and Gas Association)
•Corporate capital is limited and only the most profitable projects in a company’s portfolio will get funded.
•Wood MacKenzie, a leading world energy industry research firm, ranked Alaska as one of the least attractive places in North America for investment. Only New York ranked lower than Alaska.
•As much as $60 billion in new investment may be required to slow the production decline and develop new fields. (Alaska Oil and Gas Association)
•In ten years, the State of Alaska forecasts that 50 percent of Alaska’s oil will be from “new oil,” which will require large industry investment to bring into the pipe. (Alaska Department of Revenue, Alaska Oil and Gas Association)

http://www.akrdc.org/issues/oilgas/overview.html

jmacinak
397
Points
jmacinak 02/07/13 - 02:45 pm
6
1

lets define "new" oil. That`s

lets define "new" oil. That`s usually defined as newly discovered oil that was unknown and not counted in any reserve figures. Bottom line, new oil comes from exploration wells and plays right? The companies told us even if we gave them the two billion a year that between the three of them they don`t plan on drilling even ONE exploration well. Sooooo,.. is all this "new" gas and oil on the current legacy leases?... well how handy-dandy for THEIR side of the debate is that! Do you think that`s why the Governor is so reticent to admit what we all know?..that they will not explore even if they get the two billion? That`s why he cannot say from where this "million barrels a day" will come from in the legacy fields. If the price went to 200 bucks a barrel, you would see how magically they find that million barrels of legacy oil, and under this Governor`bill we will be broke, operating in deficit, spending down our savings, and depending on new state income taxes, like we were under ELF while these companies rake in HIGHER record profits than they do now at current stable prices. This is a travesty, what is going on in Juneau on behalf of a controlling, discordant cartel, a triumvirate of international corporations who`s only desire, is to increase their own individual bottom lines from their "harvest" cow--> Alaska. The only reason Exxon is even in Pt Thomson now is because we had to sue them and "take back" all but a few of their leases, pending their performance of the poorly-wrought settlement`s requirements..

wmolson
4515
Points
wmolson 02/07/13 - 05:43 pm
5
1

jmacinak

I think you are right on in some things regarding our oil. It should be a hard debate between a seller and buyers of Alaska's know oil, now and in the possible future. It should be that elected Alaskan representatives, following Art. 8 Sec. 2 of our Constitution try to get the best price, the "maximum benefit" for the people of Alaska. That is what elected representatives, the Governor and member of the Legislature, swear to do when they take office to represent us.
Facing off against them is the oil industry representing their shareholders, trying to get the lowest price they can for the product they want to buy (Alaskan oil) so they can make the best profit possible for their international shareholders and constituents.

The problem we have now, as I see it, is that we have one side, supposedly representing the people of Alaska, saying "Well, we have to lower the price that we sell our oil for in hopes that maybe, perhaps, in the future we might benefit more. Or those folks saying "any 'progressive ' price is too high.... but not acknowledging what the real price is when the benefits from credits, operating costs, and other factors are counted in" ....
People who were elected to stand up in hard negotiations are saying "Gee, look at North Dakota". There is absolutely no comparison between the oil industry in North Dakota and Alaska. I grew up in North Dakota and go back there twice a year to visit my remaining brothers and sister - things there with the oil industry, are much different than here. Some say, "It is like comparing oranges and apples." No, its like comparing sugar beets and orangutans in a zoo - both of which they have in North Dakota with moose, caribou and salmon here in Alaska, that they don't have.

I remember watching, here in Alaska fifty years ago, an old negotiator (Jesse Carr of the Teamsters) negotiate with corporations. He crumbled up their proposals, tossed them in the waste paper basket and said something like "That's your offer. Here is mine" Then the two sides sat down and honestly negotiated with each other and came up with compromises and solutions.

I think we need some of our elected representatives to sit down with oil companies and say, "Here is the price we are asking, we know that you may have future costs if you find more oil that will cost you more to extract.... let's talk price"
As Alaskans we don't need people saying "Let's lower our price and hopefully, maybe in the future, we don't know for sure, but let's hope and pray we will benefit."
I don't think that is what the writers of our State Constitution had in mind for elected representatives.

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