Title 43 — Revenue and Taxation
36 chapters · 668 sections in this title.
AS 43.55.010 Gross production tax. [Repealed, § 9 ch 136 SLA 1977.]
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[Repealed or reserved.]
AS 43.55.011 Oil and gas production tax.
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(a) [Repealed, § 34 ch 2 TSSLA 2006.] (b) [Repealed, § 34 ch 2 TSSLA 2006.] (c) [Repealed, § 34 ch 2 TSSLA 2006.] (d) [Repealed, § 18 ch 116 SLA 1981.] (e) There is levied on the producer of oil or gas a tax for all oil and gas produced each calendar year from each lease or prope…
AS 43.55.012 Adjustment in tax rates. [Repealed, § 34 ch 2 TSSLA 2006.]
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[Repealed or reserved.]
AS 43.55.013 Economic limit factor. [Repealed, § 34 ch 2 TSSLA 2006.]
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[Repealed or reserved.]
AS 43.55.014 Payment in gas of tax for gas.
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(a) For gas produced on and after January 1, 2022, other than gas described in (e) of this section, the department shall allow a producer to make an election, under regulations adopted by the department, to pay in gas the production tax levied by this section in lieu of the tax o…
AS 43.55.015 Tax per barrel of oil. [Repealed, § 9 ch 136 SLA 1977.]
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[Repealed or reserved.]
AS 43.55.016 Gas production tax. [Repealed, § 34 ch 2 TSSLA 2006.]
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[Repealed or reserved.]
AS 43.55.017 Relation to other taxes.
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(a) Except as provided in this chapter, the taxes imposed by this chapter are in place of all taxes now imposed by the state or any of its municipalities, and neither the state nor a municipality may impose a tax on (1) producing oil or gas leases; (2) oil or gas produced or extr…
AS 43.55.018 Credit against tax. [Repealed, § 18 ch 116 SLA 1981.]
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[Repealed or reserved.]
AS 43.55.019 Oil or gas producer education credit. [See delayed repeal note.]
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(a) A producer of oil or gas is allowed a credit against the tax levied by AS 43.55.011(e) for (1) contributions of cash or equipment accepted for direct instruction, research, and educational support purposes, including library and museum acquisitions, and contributions to endow…
AS 43.55.020 Payment of tax.
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(a) For a calendar year, a producer subject to tax under AS 43.55.011 shall pay the tax as follows: (1) for oil and gas produced before January 1, 2014, an installment payment of the estimated tax levied by AS 43.55.011(e), net of any tax credits applied as allowed by law, is due…
AS 43.55.021 Alaska veterans' memorial endowment fund contribution credit. [Repealed, § 25 ch 46 SLA 2002.]
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[Repealed or reserved.]
AS 43.55.023 Tax credits for certain losses and expenditures.
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(a) A producer or explorer may take a tax credit for a qualified capital expenditure as follows: (1) notwithstanding that a qualified capital expenditure may be a deductible lease expenditure for purposes of calculating the production tax value of oil and gas under AS 43.55.160(a…
AS 43.55.024 Additional nontransferable tax credits.
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(a) For a calendar year for which a producer's tax liability under AS 43.55.011(e) on oil and gas produced from leases or properties outside the Cook Inlet sedimentary basin, no part of which is north of 68 degrees North latitude, exceeds zero before application of any credits un…
AS 43.55.025 Alternative tax credit for oil and gas exploration.
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(a) Subject to the terms and conditions of this section, a credit against the tax levied by AS 43.55.011(e) or, if the credit is for exploration expenditures incurred for work performed on or after July 1, 2016, against the tax levied by AS 43.20 is allowed for exploration expend…
AS 43.55.028 Oil and gas tax credit fund established; cash purchases of tax credit certificates.
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(a) The oil and gas tax credit fund is established as a separate fund of the state. The purpose of the fund is to purchase transferable tax credit certificates issued under AS 43.55.023 and production tax credit certificates issued under AS 43.55.025 and to pay refunds and paymen…
AS 43.55.029 Assignment of tax credit certificate.
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(a) An explorer or producer that has applied for a production tax credit under AS 43.55.023(a) or (l) or 43.55.025(a) may make a present assignment of the production tax credit certificate expected to be issued by the department to a third-party assignee. The assignment may be ma…
AS 43.55.030 Filing of statements.
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(a) A producer that produces oil or gas from a lease or property in the state during a calendar year, whether or not any tax payment is due under AS 43.55.020(a) for that oil or gas, shall file with the department on March 31 of the following year a statement, under oath, in a fo…
AS 43.55.040 Powers of Department of Revenue.
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Except as provided in AS 43.05.405 — 43.05.499, the department may (1) require a person engaged in production and the agent or employee of the person, and the purchaser of oil or gas, or the owner of a royalty interest in oil or gas to furnish, whether by the filing of regular st…
AS 43.55.050 Incorrect returns.
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The department may determine whether or not a return required by this chapter to be filed with it is correct. If a person makes an untrue or incorrect return of the gross production or the value of it, or fails or refuses to make a return, the department shall, under regulations …
AS 43.55.060 Delinquency.
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When the tax provided for in this chapter becomes delinquent, it bears interest as provided in AS 43.05.225(1). If any person fails to make a report required by this chapter, within the time prescribed by law for the report, the department shall examine the books, records and fil…
AS 43.55.070 Lien for tax. [Repealed, § 4 ch 94 SLA 1976. For current law, see AS 43.10.035.]
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[Repealed or reserved.]
AS 43.55.075 Limitation on assessment and amended returns.
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(a) Except as provided in AS 43.05.260(c), the amount of a tax imposed by this chapter must be assessed within six years after the return was filed. (b) A decision of a regulatory agency, court, or other body with authority to resolve disputes that results in a retroactive change…
AS 43.55.080 Collection and deposit of revenue.
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Except as otherwise provided under art. IX, sec. 17, Constitution of the State of Alaska, the department shall deposit in the general fund the money collected by it under AS 43.55.011 — 43.55.180.
AS 43.55.090 Refunds.
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In case of overpayment, duplicate payment or payment made in error, the department may refund the amount of the overpayment under AS 43.10.210.
AS 43.55.100 Acceptance of deductions. [Repealed, § 15 ch 101 SLA 1972.]
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[Repealed or reserved.]
AS 43.55.110 Administration.
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(a) The department may adopt regulations for the purpose of making and filing reports required by this chapter and otherwise necessary to the enforcement of this chapter. (b) The department may require a sufficient bond from every person charged with the making and filing of repo…
AS 43.55.120 Secs. 43.55.120 — 43.55.130. Noncompliance and false reports. [Repealed, § 46 ch 113 SLA 1980. For criminal penalties, see AS 43.05.290.]
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[Repealed or reserved.]
AS 43.55.135 Measurement.
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For the purposes of AS 43.55.011 — 43.55.180, except as otherwise provided, oil is measured in terms of a “barrel of oil” and gas is measured in terms of a “cubic foot of gas.”
AS 43.55.140 [Renumbered as AS 43.55.900.]
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[Repealed or reserved.]
AS 43.55.150 Determination of gross value at the point of production.
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(a) For the purposes of AS 43.55.011 — 43.55.180, the gross value at the point of production is calculated using the actual costs of transportation of the oil or gas, except when the (1) shipper of oil or gas is affiliated with the transportation carrier or with a person that own…
AS 43.55.160 Determination of production tax value of oil and gas.
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(a) For oil and gas produced before January 1, 2022, except as provided in (b), (f), and (g) of this section, for the purposes of (1) AS 43.55.011(e)(1) and (2), the annual production tax value of taxable oil, gas, or oil and gas produced during a calendar year in a category for …
AS 43.55.165 Lease expenditures.
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(a) For purposes of this chapter, a producer's lease expenditures for a calendar year are (1) costs, other than items listed in (e) of this section, that are (A) incurred by the producer during the calendar year after March 31, 2006, to explore for, develop, or produce oil or gas…
AS 43.55.170 Adjustments to lease expenditures.
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(a) A producer's lease expenditures under AS 43.55.165 must be adjusted by subtracting payments or credits, other than tax credits, received by the producer or by an operator acting for the producer for (1) the use by another person of a production facility in which the producer …
AS 43.55.180 Required report.
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(a) The department shall study (1) the effects of the provisions of this chapter on oil and gas exploration, development, and production in the state, on investment expenditures for oil and gas exploration, development, and production in the state, on the entry of new producers i…
AS 43.55.200 Surcharge levied. [Repealed, § 43 ch 128 SLA 1994.]
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[Repealed or reserved.]
AS 43.55.201 Surcharge levied.
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(a) Every producer of oil shall pay a surcharge of $.01 per barrel of oil produced from each lease or property in the state, less any oil the ownership or right to which is exempt from taxation. (b) The surcharge imposed by (a) of this section is in addition to the tax imposed by…
AS 43.55.210 Disposition of proceeds of surcharge. [Repealed, § 43 ch 128 SLA 1994.]
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[Repealed or reserved.]
AS 43.55.211 Use of revenue derived from surcharge.
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The legislature may appropriate the annual estimated balance of the account maintained under AS 37.05.142 for deposits into the general fund of the proceeds of the surcharge levied under AS 43.55.201 to the response account in the oil and hazardous substance release prevention an…
AS 43.55.220 Use of revenue derived from surcharge. [Repealed, § 43 ch 128 SLA 1994.]
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[Repealed or reserved.]
AS 43.55.221 Suspension and reimposition of the surcharge.
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(a) Not later than 30 days after the end of each calendar quarter, the commissioner of administration shall determine, as of the end of that quarter, the fiscal year's (1) unreserved and unobligated balance in the response account of the oil and hazardous substance release preven…
AS 43.55.230 Suspension and reimposition of the surcharge. [Repealed, § 43 ch 128 SLA 1994.]
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[Repealed or reserved.]
AS 43.55.231 Surcharge not imposed.
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(a) The surcharge authorized by AS 43.55.201 is not levied during any fiscal year for which (1) the legislature does not, during the regular or a special legislative session preceding the first day of the fiscal year, appropriate at least an amount equal to the amount determined …
AS 43.55.240 Surcharge not imposed. [Repealed, § 43 ch 128 SLA 1994.]
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[Repealed or reserved.]
AS 43.55.299 Definitions.
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Article 3. Additional Conservation Surcharge on Oil. In AS 43.55.201 — 43.55.299, (1) “response account” means the oil and hazardous substance release response account established in AS 46.08.010(a)(2); (2) “response mitigation account” means the oil and hazardous substance relea…
AS 43.55.300 Surcharge levied.
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(a) Every producer of oil shall pay a surcharge of $.04 per barrel of oil produced from each lease or property in the state, less any oil the ownership or right to which is exempt from taxation. (b) The surcharge imposed by (a) of this section is in addition to the tax imposed by…
AS 43.55.310 Use of revenue derived from surcharge.
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Article 4. General Provisions. The legislature may appropriate the annual estimated balance of the account maintained under AS 37.05.142 for deposits into the general fund of the proceeds of the surcharge levied under AS 43.55.300 to the oil and hazardous substance release preven…
AS 43.55.890 Disclosure of tax information.
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Notwithstanding any contrary provision of AS 40.25.100, and regardless of whether the information is considered under AS 43.05.230(e) to constitute statistics classified to prevent the identification of particular returns or reports, the department may publish the following infor…
AS 43.55.895 Applicability to municipal entities.
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(a) Notwithstanding AS 29.35.670(a) or other provision of law, a producer that is a municipal entity is subject to taxation and payment of surcharges under this chapter for oil and gas that it sells to another party. (b) A municipal entity subject to taxation because of this sect…
AS 43.55.900 Definitions.
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In this chapter, (1) “barrel of oil” means 42 United States gallons of oil of 231 cubic inches a gallon computed at a temperature of 60 degrees Fahrenheit; (2) “British thermal unit” means the quantity of heat required to raise the temperature of one pound of water from 58.5 degr…