Publication 535
taxmap/pubs/p535-050.htm#en_us_publink1000209035Mineral property includes oil and gas wells, mines, and other
natural deposits (including geothermal deposits). For this purpose, the term
"property" means each separate interest you own in each mineral deposit in each
separate tract or parcel of land. You can treat two or more separate interests
as one property or as separate properties. See section 614 of the Internal
Revenue Code and the related regulations for rules on how to treat separate
mineral interests.
There are two ways of figuring depletion on mineral property.
- Cost depletion.
- Percentage depletion.
Generally, you must use the method that gives you the larger
deduction. However, unless you are an independent producer or royalty owner, you
generally cannot use percentage depletion for oil and gas wells. See
Oil and Gas Wells, later.
taxmap/pubs/p535-050.htm#en_us_publink1000209036To figure cost depletion you must first determine the following.
- The property's basis for depletion.
- The total recoverable units of mineral in the property's natural
deposit.
- The number of units of mineral sold during the tax year.
taxmap/pubs/p535-050.htm#en_us_publink1000209037To figure the property's basis for depletion, subtract all the
following from the property's adjusted basis.
- Amounts recoverable through:
- Depreciation deductions,
- Deferred expenses (including deferred exploration and development
costs), and
- Deductions other than depletion.
- The residual value of land and improvements at the end of
operations.
- The cost or value of land acquired for purposes other than
mineral production.
taxmap/pubs/p535-050.htm#en_us_publink1000209038The adjusted basis of your property is your original cost or
other basis, plus certain additions and improvements, and minus certain
deductions such as depletion allowed or allowable and casualty losses. Your
adjusted basis can never be less than zero. See Publication 551, Basis of
Assets, for more information on adjusted basis.
taxmap/pubs/p535-050.htm#en_us_publink1000209039The total recoverable units is the sum of the following.
- The number of units of mineral remaining at the end of the
year (including units recovered but not sold).
- The number of units of mineral sold during the tax year (determined
under your method of accounting, as explained next).
You must estimate or determine recoverable units (tons, pounds,
ounces, barrels, thousands of cubic feet, or other measure) of mineral products
using the current industry method and the most accurate and reliable information
you can obtain.
taxmap/pubs/p535-050.htm#en_us_publink1000209040You determine the number of units sold during the tax year based
on your method of accounting. Use the following table to make this
determination.
IF you
use ...
| THEN the units sold during the year are ... |
| The cash method of accounting | The units sold for which you receive payment during the tax
year (regardless of the year of sale). |
| An accrual method of accounting | The units sold based on your inventories and method of accounting
for inventory. |
The number of units sold during the tax year does not include
any for which depletion deductions were allowed or allowable in earlier years.
taxmap/pubs/p535-050.htm#en_us_publink1000209042Once you have figured your property's basis for depletion, the
total recoverable units, and the number of units sold during the tax year, you
can figure your cost depletion deduction by taking the following steps.
| Step | Action | Result |
| 1 | Divide your property's basis for depletion by total recoverable units.
| Rate per unit. |
| 2 | Multiply the rate per unit by units sold during the tax year.
| Cost depletion deduction. |
Note.You must keep accounts for the depletion of each property and
adjust these accounts each year for units sold and depletion claimed.
taxmap/pubs/p535-050.htm#en_us_publink1000209045Owners of oil and gas property may use an elective safe harbor
in determining the property's recoverable reserves for purposes of computing
cost depletion. If this election is made, special rules apply. See Revenue
Procedure 2004-19 on page 563 of Internal Revenue Bulletin 2004-10, available at
www.irs.gov/pub/irs-irbs/irb04-10.pdf.
To make the election, attach a statement to your timely filed
(including extensions) original return for the first tax year for which the safe
harbor is elected. The statement must indicate that you are electing the safe
harbor provided by Revenue Procedure 2004-19. The election, if made, is
effective for the tax year in which it is made and all subsequent years. It
cannot be revoked for the tax year in which it is elected, but may be revoked in
a later year. Once revoked, it cannot be re-elected for the next 5 years.
taxmap/pubs/p535-050.htm#en_us_publink1000209046To figure percentage depletion, you multiply a certain percentage,
specified for each mineral, by your gross income from the property during the
tax year.
The rates to be used and other conditions and qualifications
for oil and gas wells are discussed later under
Independent Producers and Royalty Owners and under
Natural Gas Wells.
Rates and other rules for percentage depletion of other specific minerals are
found later in
Mines and Geothermal Deposits.
taxmap/pubs/p535-050.htm#en_us_publink1000209047When figuring your percentage depletion, subtract from your gross
income from the property the following amounts.
- Any rents or royalties you paid or incurred for the property.
- The part of any bonus you paid for a lease on the property
allocable to the product sold (or that otherwise gives rise to gross income) for
the tax year.
A bonus payment includes amounts you paid as a lessee to satisfy
a production payment retained by the lessor.
Use the following fraction to figure the part of the bonus you
must subtract.
No. of units sold in the tax year Recoverable units from the property
| × | Bonus Payments |
For oil and gas wells and geothermal deposits, gross income from
the property is defined later under
Oil and Gas Wells. For property other than a geothermal deposit or an oil and
gas well, gross income from the property is defined later under
Mines and Geothermal Deposits.
taxmap/pubs/p535-050.htm#en_us_publink1000209049The percentage depletion deduction generally cannot be more than
50% (100% for oil and gas property) of your taxable income from the property
figured without the depletion deduction and the domestic production activities
deduction.
Taxable income from the property means gross income from the
property minus all allowable deductions (excluding any deduction for depletion
or qualified domestic production activities) attributable to mining processes,
including mining transportation. These deductible items include, but are not
limited to, the following.
- Operating expenses.
- Certain selling expenses.
- Administrative and financial overhead.
- Depreciation.
- Intangible drilling and development costs.
- Exploration and development expenditures.
The following rules apply when figuring your taxable income from
the property for purposes of the taxable income limit.
- Do not deduct any net operating loss deduction from the gross
income from the property.
- Corporations do not deduct charitable contributions from the
gross income from the property.
- If, during the year, you dispose of an item of section 1245
property that was used in connection with mineral property, reduce any allowable
deduction for mining expenses by the part of any gain you must report as
ordinary income that is allocable to the mineral property. See section
1.613-5(b)(1) of the regulations for information on how to figure the ordinary
gain allocable to the property.
taxmap/pubs/p535-050.htm#en_us_publink1000209050You cannot claim percentage depletion for an oil or gas well
unless at least one of the following applies.
- You are either an independent producer or a royalty owner.
- The well produces natural gas that is either sold under a
fixed contract or produced from geopressured brine.
For information on the depletion deduction for wells that produce
natural gas that is either sold under a fixed contract or produced from
geopressured brine, see
Natural Gas Wells, later.
taxmap/pubs/p535-050.htm#en_us_publink1000209051If you are an independent producer or royalty owner, you figure
percentage depletion using a rate of 15% of the gross income from the property
based on your average daily production of domestic crude oil or domestic natural
gas up to your depletable oil or natural gas quantity. However, certain
refiners, as explained next, and certain retailers and transferees of proven oil
and gas properties, as explained later, cannot claim percentage depletion. For
information on figuring the deduction, see
Figuring percentage depletion, later.
taxmap/pubs/p535-050.htm#en_us_publink1000209052You cannot claim percentage depletion if you or a related person
refine crude oil and you and the related person refined more than 75,000 barrels
on any day during the tax year based on average (rather than actual) daily
refinery runs for the tax year. The average daily refinery run is computed by
dividing total refinery runs for the tax year by the total number of days in the
tax year.
taxmap/pubs/p535-050.htm#en_us_publink1000209053You and another person are related persons if either of you holds
a significant ownership interest in the other person or if a third person holds
a significant ownership interest in both of you.
For example, a corporation, partnership, estate, or trust and
anyone who holds a significant ownership interest in it are related persons. A
partnership and a trust are related persons if one person holds a significant
ownership interest in each of them.
For purposes of the related person rules, significant ownership
interest means direct or indirect ownership of 5% or more in any one of the
following.
- The value of the outstanding stock of a corporation.
- The interest in the profits or capital of a partnership.
- The beneficial interests in an estate or trust.
Any interest owned by or for a corporation, partnership, trust,
or estate is considered to be owned directly both by itself and proportionately
by its shareholders, partners, or beneficiaries.
taxmap/pubs/p535-050.htm#en_us_publink1000209054You cannot claim percentage depletion if both the following apply.
- You sell oil or natural gas or their by-products directly
or through a related person in any of the following situations.
- Through a retail outlet operated by you or a related person.
- To any person who is required under an agreement with you
or a related person to use a trademark, trade name, or service mark or name
owned by you or a related person in marketing or distributing oil, natural gas,
or their by-products.
- To any person given authority under an agreement with you
or a related person to occupy any retail outlet owned, leased, or controlled by
you or a related person.
- The combined gross receipts from sales (not counting resales)
of oil, natural gas, or their by-products by all retail outlets taken into
account in (1) are more than $5 million for the tax year.
For the purpose of determining if this rule applies, do not count
the following.
- Bulk sales (sales in very large quantities) of oil or natural
gas to commercial or industrial users.
- Bulk sales of aviation fuels to the Department of Defense.
- Sales of oil or natural gas or their by-products outside the
United States if none of your domestic production or that of a related person is
exported during the tax year or the prior tax year.
taxmap/pubs/p535-050.htm#en_us_publink1000209055To determine if you and another person are related persons, see
Related person under
Refiners who cannot claim percentage depletion, earlier.
taxmap/pubs/p535-050.htm#en_us_publink1000209056You are considered to be selling through a related person if
any sale by the related person produces gross income from which you may benefit
because of your direct or indirect ownership interest in the person.
You are
not
considered to be selling through a related person who is a retailer
if all the following apply.
- You do not have a significant ownership interest in the retailer.
- You sell your production to persons who are not related to
either you or the retailer.
- The retailer does not buy oil or natural gas from your customers
or persons related to your customers.
- There are no arrangements for the retailer to acquire oil
or natural gas you produced for resale or made available for purchase by the
retailer.
- Neither you nor the retailer knows of or controls the final
disposition of the oil or natural gas you sold or the original source of the
petroleum products the retailer acquired for resale.
taxmap/pubs/p535-050.htm#en_us_publink1000209057You cannot claim percentage depletion if you received your interest
in a proven oil or gas property by transfer after 1974 and before October 12,
1990. For a definition of the term "transfer," see section 1.613A-7(n) of the
regulations. For a definition of the term "interest in proven oil or gas
property," see section 1.613A-7(p) of the regulations.
taxmap/pubs/p535-050.htm#en_us_publink1000209058Generally, as an independent producer or royalty owner, you figure
your percentage depletion by computing your average daily production of domestic
oil or gas and comparing it to your depletable oil or gas quantity. If your
average daily production does not exceed your depletable oil or gas quantity,
you figure your percentage depletion by multiplying the gross income from the
oil or gas property (defined later) by 15%. If your average daily production of
domestic oil or gas exceeds your depletable oil or gas quantity, you must make
an allocation as explained later under
Average daily production exceeds depletable quantities.
In addition, there is a limit on the percentage depletion deduction.
See
Taxable income limit, later.
taxmap/pubs/p535-050.htm#en_us_publink1000209059Figure your average daily production by dividing your total domestic
production of oil or gas for the tax year by the number of days in your tax
year.
taxmap/pubs/p535-050.htm#en_us_publink1000209060If you have a partial interest in the production from a property,
figure your share of the production by multiplying total production from the
property by your percentage of interest in the revenues from the property.
You have a partial interest in the production from a property
if you have a net profits interest in the property. To figure the share of
production for your net profits interest, you must first determine your
percentage participation (as measured by the net profits) in the gross revenue
from the property. To figure this percentage, you divide the income you receive
for your net profits interest by the gross revenue from the property. Then
multiply the total production from the property by your percentage participation
to figure your share of the production.
taxmap/pubs/p535-050.htm#en_us_publink1000209061John Oak owns oil property in which Paul Elm owns a 20% net profits
interest. During the year, the property produced 10,000 barrels of oil, which
John sold for $200,000. John had expenses of $90,000 attributable to the
property. The property generated a net profit of $110,000 ($200,000 −
$90,000). Paul received income of $22,000 ($110,000 × .20) for his net
profits interest.
Paul determined his percentage participation to be 11% by dividing
$22,000 (the income he received) by $200,000 (the gross revenue from the
property). Paul determined his share of the oil production to be 1,100 barrels
(10,000 barrels × 11%).
taxmap/pubs/p535-050.htm#en_us_publink1000209062Generally, your depletable oil quantity is 1,000 barrels. Your
depletable natural gas quantity is 6,000 cubic feet multiplied by the number of
barrels of your depletable oil quantity that you choose to apply. If you claim
depletion on both oil and natural gas, you must reduce your depletable oil
quantity (1,000 barrels) by the number of barrels you use to figure your
depletable natural gas quantity.
taxmap/pubs/p535-050.htm#en_us_publink1000209063You have both oil and natural gas production. To figure your
depletable natural gas quantity, you choose to apply 360 barrels of your
1000-barrel depletable oil quantity. Your depletable natural gas quantity is
2.16 million cubic feet of gas (360 × 6000). You must reduce your
depletable oil quantity to 640 barrels (1000 − 360).
If you have production from marginal wells, see section 613A(c)(6) of the
Internal Revenue Code to figure your depletable oil or natural gas quantity.
taxmap/pubs/p535-050.htm#en_us_publink1000209064You must allocate the depletable oil or gas quantity among the
following related persons in proportion to each entity's or family member's
production of domestic oil or gas for the year.
- Corporations, trusts, and estates if 50% or more of the beneficial
interest is owned by the same or related persons (considering only persons that
own at least 5% of the beneficial interest).
- You and your spouse and minor children.
A related person is anyone mentioned in the related persons
discussion under
Nondeductible loss
in chapter 2 of Publication 544, except that for purposes of this allocation,
item (1) in that discussion includes only an individual, his or her spouse, and
minor children.
taxmap/pubs/p535-050.htm#en_us_publink1000209065Members of the same controlled group of corporations are treated
as one taxpayer when figuring the depletable oil or natural gas quantity. They
share the depletable quantity. Under this rule, a controlled group of
corporations is defined in section 1563(a) of the Internal Revenue Code, except
that the stock ownership requirement in that definition is "more than 50%"
rather than "at least 80%."
taxmap/pubs/p535-050.htm#en_us_publink1000209066For purposes of percentage depletion, gross income from the property
(in the case of oil and gas wells) is the amount you receive from the sale of
the oil or gas in the immediate vicinity of the well. If you do not sell the oil
or gas on the property, but manufacture or convert it into a refined product
before sale or transport it before sale, the gross income from the property is
the representative market or field price (RMFP) of the oil or gas, before
conversion or transportation.
If you sold gas after you removed it from the premises for a
price that is lower than the RMFP, determine gross income from the property for
percentage depletion purposes without regard to the RMFP.
Gross income from the property does not include lease bonuses,
advance royalties, or other amounts payable without regard to production from
the property.
taxmap/pubs/p535-050.htm#en_us_publink1000209067If your average daily production for the year is more than your
depletable oil or natural gas quantity, figure your allowance for depletion for
each domestic oil or natural gas property as follows.
- Figure your average daily production of oil or natural gas
for the year.
- Figure your depletable oil or natural gas quantity for the
year.
- Figure depletion for all oil or natural gas produced from
the property using a percentage depletion rate of 15%.
- Multiply the result figured in (3) by a fraction, the numerator
of which is the result figured in (2) and the denominator of which is the result
figured in (1). This is your depletion allowance for that property for the year.
taxmap/pubs/p535-050.htm#en_us_publink1000209068If you are an independent producer or royalty owner of oil and
gas, your deduction for percentage depletion is limited to the smaller of the
following.
- 100% of your taxable income from the property figured without
the deduction for depletion and the deduction for domestic production activities
under section 199 of the Internal Revenue Code. For a definition of taxable
income from the property, see
Taxable income limit, earlier, under
Mineral Property.
- 65% of your taxable income from all sources, figured without
the depletion allowance, the deduction for domestic production activities, any
net operating loss carryback, and any capital loss carryback.
You can carry over to the following year any amount you cannot
deduct because of the 65%-of-taxable-income limit. Add it to your depletion
allowance (before applying any limits) for the following year.
Note.For tax years beginning after 2009 and before 2012, the 100%
taxable income limit does not apply to percentage depletion on marginal
production of oil and natural gas. For information on marginal production, see
section 613A(c)(6) of the Internal Revenue Code.
taxmap/pubs/p535-050.htm#en_us_publink1000209069Generally, each partner or shareholder, and not the partnership
or S corporation, figures the depletion allowance separately. (However, see
Electing large partnerships must figure depletion allowance,
later.) Each partner or shareholder must decide whether to use cost or
percentage depletion. If a partner or shareholder uses percentage depletion, he
or she must apply the 65%-of-taxable-income limit using his or her taxable
income from all sources.
taxmap/pubs/p535-050.htm#en_us_publink1000209070The partnership or S corporation must allocate to each partner
or shareholder his or her share of the adjusted basis of each oil or gas
property held by the partnership or S corporation. The partnership or S
corporation makes the allocation as of the date it acquires the oil or gas
property.
Each partner's share of the adjusted basis of the oil or gas
property generally is figured according to that partner's interest in
partnership capital. However, in some cases, it is figured according to the
partner's interest in partnership income.
The partnership or S corporation adjusts the partner's or shareholder's
share of the adjusted basis of the oil and gas property for any capital
expenditures made for the property and for any change in partnership or S
corporation interests.
 | Each partner or shareholder must separately keep records
of his or her share of the adjusted basis in each oil and gas property of the
partnership or S corporation. The partner or shareholder must reduce his or her
adjusted basis by the depletion allowed or allowable on the property each year.
The partner or shareholder must use that reduced adjusted basis to figure cost
depletion or his or her gain or loss if the partnership or S corporation
disposes of the property.
|
taxmap/pubs/p535-050.htm#en_us_publink1000209072Information that you, as a partner or shareholder, use to figure
your depletion deduction on oil and gas properties is reported by the
partnership or S corporation on Schedule K-1 (Form 1065) or on Schedule K-1
(Form 1120S). Deduct oil and gas depletion for your partnership or S corporation
interest on Schedule E (Form 1040). The depletion deducted on Schedule E is
included in figuring income or loss from rental real estate or royalty
properties. The instructions for Schedule E explain where to report this income
or loss and whether you need to file either of the following forms.
- Form 6198, At-Risk Limitations.
- Form 8582, Passive Activity Loss Limitations.
taxmap/pubs/p535-050.htm#en_us_publink1000209073An electing large partnership, rather than each partner, generally
must figure the depletion allowance. The partnership figures the depletion
allowance without taking into account the 65-percent-of-taxable-income limit and
the depletable oil or natural gas quantity. Also, the adjusted basis of a
partner's interest in the partnership is not affected by the depletion
allowance.
An electing large partnership is one that meets both the following
requirements.
- The partnership had 100 or more partners in the preceding
year.
- The partnership chooses to be an electing large partnership.
taxmap/pubs/p535-050.htm#en_us_publink1000209074An electing large partnership does not figure the depletion allowance
of its partners that are disqualified persons. Disqualified persons must figure
it themselves, as explained earlier.
All the following are disqualified persons.
- Refiners who cannot claim percentage depletion (discussed
under
Independent Producers and Royalty Owners, earlier).
- Retailers who cannot claim percentage depletion (discussed
under
Independent Producers and Royalty Owners, earlier).
- Any partner whose average daily production of domestic crude
oil and natural gas is more than 500 barrels during the tax year in which the
partnership tax year ends. Average daily production is discussed earlier.
taxmap/pubs/p535-050.htm#en_us_publink1000209075You can use percentage depletion for a well that produces natural
gas either sold under a fixed contract or produced from geopressured brine.
taxmap/pubs/p535-050.htm#en_us_publink1000209076Natural gas sold under a fixed contract qualifies for a percentage
depletion rate of 22%. This is domestic natural gas sold by the producer under a
contract that does not provide for a price increase to reflect any increase in
the seller's tax liability because of the repeal of percentage depletion for
gas. The contract must have been in effect from February 1, 1975, until the date
of sale of the gas. Price increases after February 1, 1975, are presumed to take
the increase in tax liability into account unless demonstrated otherwise by
clear and convincing evidence.
taxmap/pubs/p535-050.htm#en_us_publink1000209077Qualified natural gas from geopressured brine is eligible for
a percentage depletion rate of 10%. This is natural gas that is both the
following.
- Produced from a well you began to drill after September 1978
and before 1984.
- Determined in accordance with section 503 of the Natural Gas
Policy Act of 1978 to be produced from geopressured brine.
taxmap/pubs/p535-050.htm#en_us_publink1000209078Certain mines, wells, and other natural deposits, including geothermal
deposits, qualify for percentage depletion.
taxmap/pubs/p535-050.htm#en_us_publink1000209079For a natural deposit, the percentage of your gross income from
the property that you can deduct as depletion depends on the type of deposit.
The following is a list of the percentage depletion rates for
the more common minerals.
| DEPOSITS | RATE |
| Sulphur, uranium, and, if from deposits in the United States,
asbestos, lead ore, zinc ore, nickel ore, and mica | 22% |
| Gold, silver, copper, iron ore, and certain oil shale, if
from deposits in the United States | 15% |
| Borax, granite, limestone, marble, mollusk shells, potash,
slate, soapstone, and carbon dioxide produced from a well | 14% |
| Coal, lignite, and sodium chloride | 10% |
| Clay and shale used or sold for use in making sewer pipe
or bricks or used or sold for use as sintered or burned lightweight aggregates
| 71/2%
|
| Clay used or sold for use in making drainage and roofing
tile, flower pots, and kindred products, and gravel, sand, and stone (other than
stone used or sold for use by a mine owner or operator as dimension or
ornamental stone)
| 5% |
You can find a complete list of minerals and their percentage
depletion rates in section 613(b) of the Internal Revenue Code.
taxmap/pubs/p535-050.htm#en_us_publink1000209081The percentage depletion deduction of a corporation for iron
ore and coal (including lignite) is reduced by 20% of:
- The percentage depletion deduction for the tax year (figured
without regard to this reduction), minus
- The adjusted basis of the property at the close of the tax
year (figured without the depletion deduction for the tax year).
taxmap/pubs/p535-050.htm#en_us_publink1000209082For property other than a geothermal deposit or an oil or gas
well, gross income from the property means the gross income from mining. Mining
includes all the following.
- Extracting ores or minerals from the ground.
- Applying certain treatment processes.
- Transporting ores or minerals (generally, not more than 50
miles) from the point of extraction to the plants or mills in which the
treatment processes are applied.
taxmap/pubs/p535-050.htm#en_us_publink1000209083Gross income from mining includes the separately stated excise
tax received by a mine operator from the sale of coal to compensate the operator
for the excise tax the mine operator must pay to finance black lung benefits.
taxmap/pubs/p535-050.htm#en_us_publink1000209084Extracting ores or minerals from the ground includes extraction
by mine owners or operators of ores or minerals from the waste or residue of
prior mining. This does not apply to extraction from waste or residue of prior
mining by the purchaser of the waste or residue or the purchaser of the rights
to extract ores or minerals from the waste or residue.
taxmap/pubs/p535-050.htm#en_us_publink1000209085The processes included as mining depend on the ore or mineral
mined. To qualify as mining, the treatment processes must be applied by the mine
owner or operator. For a listing of treatment processes considered as mining,
see section 613(c)(4) of the Internal Revenue Code and the related regulations.
taxmap/pubs/p535-050.htm#en_us_publink1000209086If the IRS finds that the ore or mineral must be transported
more than 50 miles to plants or mills to be treated because of physical and
other requirements, the additional authorized transportation is considered
mining and included in the computation of gross income from mining.
 | If you wish to include transportation of more than 50 miles
in the computation of gross income from mining, file an application in duplicate
with the IRS. Include on the application the facts concerning the physical and
other requirements which prevented the construction and operation of the plant
within 50 miles of the point of extraction. Send this application to:
Internal Revenue Service Associate Chief Counsel Passthroughs and Special Industries CC:PSI:FO 1111 Constitution Ave., N.W., IR-5300 Washington, DC 20224
|
taxmap/pubs/p535-050.htm#en_us_publink1000209088You cannot take a depletion deduction for coal (including lignite)
or iron ore mined in the United States if both the following apply.
- You disposed of it after holding it for more than 1 year.
- You disposed of it under a contract under which you retain
an economic interest in the coal or iron ore.
Treat any gain on the disposition as a capital gain.
taxmap/pubs/p535-050.htm#en_us_publink1000209089This rule does not apply if you dispose of the coal or iron ore
to one of the following persons.
- A related person (as listed in chapter 2 of Publication 544).
- A person owned or controlled by the same interests that own
or control you.
taxmap/pubs/p535-050.htm#en_us_publink1000209090Geothermal deposits located in the United States or its possessions
qualify for a percentage depletion rate of 15%. A geothermal deposit is a
geothermal reservoir of natural heat stored in rocks or in a watery liquid or
vapor. For percentage depletion purposes, a geothermal deposit is not considered
a gas well.
Figure gross income from the property for a geothermal steam
well in the same way as for oil and gas wells. See
Gross income from the property earlier, under
Oil and Gas Wells.
Percentage depletion on a geothermal deposit cannot be more than 50% of your
taxable income from the property.
taxmap/pubs/p535-050.htm#en_us_publink1000209091A lessor's gross income from the property that qualifies for
percentage depletion usually is the total of the royalties received from the
lease. However, for oil, gas, or geothermal property, gross income does not
include lease bonuses, advanced royalties, or other amounts payable without
regard to production from the property.
taxmap/pubs/p535-050.htm#en_us_publink1000209092Bonuses and advanced royalties are payments a lessee makes before
production to a lessor for the grant of rights in a lease or for minerals, gas,
or oil to be extracted from leased property. If you are the lessor, your income
from bonuses and advanced royalties received is subject to an allowance for
depletion.
taxmap/pubs/p535-050.htm#en_us_publink1000209093To figure cost depletion on a bonus, multiply your adjusted basis
in the property by a fraction, the numerator of which is the bonus and the
denominator of which is the total bonus and royalties expected to be received.
To figure cost depletion on advanced royalties, use the computation explained
earlier under
Cost Depletion,
treating the number of units for which the advanced royalty
is received as the number of units sold.
taxmap/pubs/p535-050.htm#en_us_publink1000209094In the case of mines, wells, and other natural deposits other
than gas, oil, or geothermal property, you may use the percentage rates
discussed earlier under
Mines and Geothermal Deposits.
Any bonus or advanced royalty payments are generally part of the gross income
from the property to which the rates are applied in making the calculation.
However, in the case of independent producers and royalty owners of oil and gas
property, bonuses and advance royalty payments are not a part of gross income.
taxmap/pubs/p535-050.htm#en_us_publink1000209095If you receive a bonus on a lease that expires, terminates, or
is abandoned before you derive any income from the extraction of mineral,
include in income for the year of expiration, termination, or abandonment, the
depletion deduction you took. Also increase your adjusted basis in the property
to restore the depletion deduction you previously subtracted.
For advanced royalties, include in income for the year of lease
termination, the depletion claimed on minerals for which the advanced royalties
were paid if the minerals were not produced before termination. Increase your
adjusted basis in the property by the amount you include in income.
taxmap/pubs/p535-050.htm#en_us_publink1000209096These are payments for deferring development of the property.
Since delay rentals are ordinary rent, they are ordinary income that is not
subject to depletion. These rentals can be avoided by either abandoning the
lease, beginning development operations, or obtaining production.