Marginal production of oil and gas.The temporary suspension of the taxable income limitation on percentage depletion from the marginal production of oil and natural gas is not available for tax years beginning in 2008. However, it is available for tax years beginning in 2009.
Depletion is the using up of natural resources by mining, quarrying, drilling, or felling. The depletion deduction allows an owner or operator to account for the reduction of a product's reserves.
There are two ways of figuring depletion: cost depletion and percentage depletion. For mineral property, you generally must use the method that gives you the larger deduction. For standing timber, you must use cost depletion. taxmap/pubs/p535-049.htm#en_us_publink1000159011
If you have an economic interest in mineral property or standing timber, you can take a deduction for depletion. More than one person can have an economic interest in the same mineral deposit or timber.
You have an economic interest if both the following apply.
- You have acquired by investment any interest in mineral deposits or standing timber.
- You have a legal right to income from the extraction of the mineral or cutting of the timber to which you must look for a return of your capital investment.
A contractual relationship that allows you an economic or monetary advantage from products of the mineral deposit or standing timber is not, in itself, an economic interest. A production payment carved out of, or retained on the sale of, mineral property is not an economic interest.
Individuals, corporations, estates, and trusts who claim depletion deductions may be liable for alternative minimum tax.