Publication 535
taxmap/pubs/p535-049.htm#en_us_publink1000209031taxmap/pubs/p535-049.htm#en_us_publink1000244563Oil and gas from marginal properties.
(p33)The temporary suspension of the 100% taxable income limit on percentage depletion on oil and natural gas produced from marginal properties applies to depletion in tax years beginning in 2010 or 2011. See
Taxable income limit under
Oil and Gas Wells in this chapter.
Depletion is the using up of natural resources by mining, drilling, quarrying stone, or cutting timber. 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_publink1000209033If 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. In the case of leased property, the depletion deduction is divided between the lessor and the
lessee.
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. |
taxmap/pubs/p535-049.htm#en_us_publink1000269326You must reduce the basis of your property by the depletion allowed or allowable, whichever is greater.