Treasury Regulations (26 C.F.R.)

26 CFR § 1.613A-0

Limitations on percentage depletion in the case of oil and gas wells; table of contents.

Official textecfr.govlast amended

This section lists the paragraphs contained in §§ 1.613A-0 through 1.613A-7.

§ 1.613A-1 Post-1974 limitations on percentage depletion in case of oil and gas wells; general rule. § 1.613A-2 Exemption for certain domestic gas wells. § 1.613A-3 Exemption for independent producers and royalty owners.

(a) General rules.

(b) Phase-out table.

(c) Applicable percentage.

(d) Production in excess of depletable quantity.

(1) Primary production.

(2) Secondary or tertiary production.

(3) Taxable income from the property.

(4) Examples.

(e) Partnerships.

(1) General rule.

(2) Initial allocation of adjusted basis of oil or gas property among partners.

(i) General rule.

(ii) Allocation methods.

(3) Adjustments by partnership to allocated adjusted bases.

(i) Capital expenditures by partnership.

(ii) Admission of a new partner or increase in partner's interest.

(A) In general.

(B) Allocation of basis to contributing partner.

(C) Reduction of existing partners' bases.

(iii) Determination of aggregate of partners' adjusted bases in the property.

(A) In general.

(B) Written data.

(C) Assumptions.

(iv) Withdrawal of partner or decrease in partner's interest.

(A) In general.

(B) Special rule for determining a withdrawing partner's basis in the property.

(v) Effective date.

(4) Determination of a partner's interest in partnership capital or income.

(5) Special rules on allocation of adjusted basis to partners.

(6) Miscellaneous rules.

(7) Examples.

(f) S corporations.

(g) Trusts and estates.

(h) Businesses under common control; members of the same family.

(1) Component members of a controlled group.

(2) Aggregation of business entities under common control.

(3) Allocation among members of the same family.

(4) Special rules.

(5) Examples.

(i) Transfer of oil or gas property.

(1) General rule.

(i) In general.

(ii) Examples.

(2) Transfers after October 11, 1990.

(i) General rule.

(ii) Transfer.

(iii) Transferee.

(iv) Effective date.

(v) Examples.

(j) Percentage depletion with respect to bonuses and advanced royalties.

(1) Amounts received or accrued after August 16, 1986.

(2) Amounts received or accrued before August 17, 1986.

(k) Special rules for fiscal year taxpayers.

(l) Information furnished by partnerships, trusts, estates, and operators.

§ 1.613A-4 Limitations on application of § 1.613A-3 exemption.

(a) Limitation based on taxable income.

(b) Retailers excluded.

(c) Certain refiners excluded.

§ 1.613A-5 Election under section 613A (c) (4). § 1.613A-6 Recordkeeping requirements.

(a) Principal value of property demonstrated.

(b) Production from secondary or tertiary processes.

(c) Retention of records.

§ 1.613A-7 Definitions.

(a) Domestic.

(b) Natural gas.

(c) Regulated natural gas.

(d) Natural gas sold under fixed contract.

(e) Qualified natural gas from geopressured brine.

(f) Average daily production.

(g) Crude oil.

(h) Depletable oil quantity.

(i) Depletable natural gas quantity.

(j) Barrel.

(k) Secondary or tertiary production.

(l) Controlled group of corporations.

(m) Related person.

(n) Transfer.

(o) Transferee.

(p) Interest in proven oil or gas property.

(q) Amount disallowed.

(r) Retailer.

(s) Refiner.

[T.D. 8348, 56 FR 21938, May 13, 1991, as amended by T.D. 8437, 57 FR 43899, Sept. 23, 1992]

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In this part (40 sections)
  1. 1.597-8 · Transitional rules for Federal financial assistance.
  2. 1.601-1 · Special deduction for bank affiliates.
  3. 1.611-0 · Regulatory authority.
  4. 1.611-1 · Allowance of deduction for depletion.
  5. 1.611-2 · Rules applicable to mines, oil and gas wells, and other…
  6. 1.611-3 · Rules applicable to timber.
  7. 1.611-4 · Depletion as a factor in computing earnings and profits for…
  8. 1.611-5 · Depreciation of improvements.
  9. 1.612-1 · Basis for allowance of cost depletion.
  10. 1.612-2 · Allowable capital additions in case of mines.
  11. 1.612-3 · Depletion; treatment of bonus and advanced royalty.
  12. 1.612-4 · Charges to capital and to expense in case of oil and gas…
  13. 1.612-5 · Charges to capital and to expense in case of geothermal wells.
  14. 1.613-1 · Percentage depletion; general rule.
  15. 1.613-2 · Percentage depletion rates.
  16. 1.613-3 · Gross income from the property.
  17. 1.613-4 · Gross income from the property in the case of minerals other…
  18. 1.613-5 · Taxable income from the property.
  19. 1.613-6 · Statement to be attached to return when depletion is claimed…
  20. 1.613-7 · Application of percentage depletion rates provided in section…
  21. 1.613A-0 · Limitations on percentage depletion in the case of oil and…
  22. 1.613A-1 · Post-1974 limitations on percentage depletion in case of oil…
  23. 1.613A-2 · Exemption for certain domestic gas wells.
  24. 1.613A-3 · Exemption for independent producers and royalty owners.
  25. 1.613A-4 · Limitations on application of § 1.613A-3 exemption.
  26. 1.613A-5 · Election under section 613A(c)(4).
  27. 1.613A-6 · Recordkeeping requirements.
  28. 1.613A-7 · Definitions.
  29. 1.614-0 · Introduction.
  30. 1.614-1 · Definition of property.
  31. 1.614-2 · Election to aggregate separate operating mineral interests…
  32. 1.614-3 · Rules relating to separate operating mineral interests in the…
  33. 1.614-4 · Treatment under the Internal Revenue Code of 1939 with…
  34. 1.614-5 · Special rules as to aggregating nonoperating mineral…
  35. 1.614-6 · Rules applicable to basis, holding period, and abandonment…
  36. 1.614-7 · Extension of time for performing certain acts.
  37. 1.614-8 · Elections with respect to separate operating mineral…
  38. 1.615-1 · Pre-1970 exploration expenditures.
  39. 1.615-2 · Deduction of pre-1970 exploration expenditures in the year…
  40. 1.615-3 · Election to defer pre-1970 exploration expenditures.
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