§45I — Title 26 Internal Revenue Code | U.S. Code

Summary

Gives a tax credit to people who produce oil or gas from marginal wells. The credit is $3 for each barrel of qualifying oil and 50 cents for each 1,000 cubic feet of qualifying gas, multiplied by the producer’s share of the production. Those dollar amounts are cut down (but never below zero) if the reference price is higher than $15 for oil ($1.67 for gas). The cut is proportional to how much the reference price exceeds those amounts compared to $3 ($0.33 for gas). For tax years after 2005, the $3 and 50¢ amounts are increased for inflation using the adjustment factor measured from 2004. The “reference price” for oil is set under section 45K(d)(2)(C); for gas it is the Secretary’s yearly estimate of average wellhead price per 1,000 cubic feet. “Qualifying” oil or gas means domestic production from a qualified marginal well. A well’s annual qualifying production is capped at 1,095 barrels or barrels-of-oil-equivalent. The cap is reduced proportionally for short tax years or for wells that do not produce every day. A qualified marginal well is one treated as marginal under section 613A(c)(6) or one that averages no more than 25 barrels-of-oil-equivalent per day and is at least 95% water. The terms crude oil, natural gas, domestic, and barrel use the meanings in section 613A(e). If a well has more than one owner, your credit is based on your share of the revenue interest. Only holders of operating interests can claim the credit. If the well is eligible for the credit under section 45K, you can only use this credit if you choose not to take the 45K credit.

Title 26, §45I

Internal Revenue Code — Source: USLM XML via OLRC

(a)For purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of—

(1)the credit amount, and

(2)the qualified crude oil production and the qualified natural gas production which is attributable to the taxpayer.

(b)For purposes of this section—

(1)The credit amount is—

(A)$3 per barrel of qualified crude oil production, and

(B)50 cents per 1,000 cubic feet of qualified natural gas production.

(2)(A)The $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as—

(i)the excess (if any) of the applicable reference price over $15 ($1.67 for qualified natural gas production), bears to

(ii)$3 ($0.33 for qualified natural gas production).

(B)In the case of any taxable year beginning in a calendar year after 2005, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting “2004” for “1990”).

(C)For purposes of this paragraph, the term “reference price” means, with respect to any calendar year—

(i)in the case of qualified crude oil production, the reference price determined under section 45K(d)(2)(C), and

(ii)in the case of qualified natural gas production, the Secretary’s estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas.

(c)For purposes of this section—

(1)The terms “qualified crude oil production” and “qualified natural gas production” mean domestic crude oil or natural gas which is produced from a qualified marginal well.

(2)(A)Crude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel-of-oil equivalents (as defined in section 45K(d)(5)).

(B)(i)In the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365.

(ii)In the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year.

(3)(A)The term “qualified marginal well” means a domestic well—

(i)the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or

(ii)which, during the taxable year—

(I)has average daily production of not more than 25 barrel-of-oil equivalents (as so defined), and

(II)produces water at a rate not less than 95 percent of total well effluent.

(B)The terms “crude oil”, “natural gas”, “domestic”, and “barrel” have the meanings given such terms by section 613A(e).

(d)(1)In the case of a qualified marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer’s revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production.

(2)Any credit under this section may be claimed only on production which is attributable to the holder of an operating interest.

(3)In the case of production from a qualified marginal well which is eligible for the credit allowed under section 45K for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 45K with respect to the well.

Notes & Related Subsidiaries

Inflation Adjusted Items for Certain Tax YearsFor inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table below.

Editorial Notes

Amendments

2005—Subsec. (a)(2). Pub. L. 109–135 substituted “qualified crude oil production” for “qualified credit oil production”. Subsec. (b)(2)(C)(i). Pub. L. 109–58, § 1322(a)(3)(B), substituted “section 45K(d)(2)(C)” for “section 29(d)(2)(C)”. Subsec. (c)(2)(A). Pub. L. 109–58, § 1322(a)(3)(D)(i), substituted “section 45K(d)(5))” for “section 29(d)(5))”. Subsec. (d)(3). Pub. L. 109–58, § 1322(a)(3)(D)(ii), substituted “section 45K” for “section 29” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–58 applicable to credits determined under the Internal Revenue Code of 1986 for taxable years ending after Dec. 31, 2005, see section 1322(c)(1) of Pub. L. 109–58, set out as a note under section 45K of this title.

Effective Date

Section applicable to production in taxable years beginning after Dec. 31, 2004, see section 341(e) of Pub. L. 108–357, set out as an

Effective Date

of 2004 Amendment note under section 38 of this title. Inflation Adjusted Items for Certain YearsProvisions relating to inflation adjustment of items in this section for certain years were contained in the following: 2024—Internal Revenue Notice 2024–52. 2023—Internal Revenue Notice 2023–58. 2022—Internal Revenue Notice 2023–41. 2021—Internal Revenue Notice 2022–18. 2020—Internal Revenue Notice 2021–34. 2019—Internal Revenue Notice 2020–21. 2018—Internal Revenue Notice 2019–37. 2017—Internal Revenue Notice 2018–52. 2016—Internal Revenue Notice 2017–51.

§45I Credit for Producing Oil and Gas From Marginal Wells

Summary

Title 26, §45I

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata