1     
TAX INCENTIVE OVERSIGHT AMENDMENTS

2     
2019 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     Committee Note:
9          The Business and Labor Interim Committee recommended this bill.
10               Legislative Vote:     12 voting for     0 voting against     8 absent
11     General Description:
12          This bill modifies the severance tax credit for well recompletion or workover and the
13     motion picture income tax credit.
14     Highlighted Provisions:
15          This bill:
16          ▸     modifies the independent certified public accountant review provisions of the
17     severance tax credit for well recompletion or workover and the motion picture
18     income tax credit; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24          This bill provides retrospective operation.
25     Utah Code Sections Affected:
26     AMENDS:
27          59-5-102, as last amended by Laws of Utah 2019, Chapter 247

28          63N-8-103, as last amended by Laws of Utah 2018, Chapter 469
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 59-5-102 is amended to read:
32          59-5-102. Definitions -- Severance tax -- Computation -- Rate -- Annual
33     exemption -- Tax credits -- Tax rate reduction.
34          (1) As used in this section:
35          (a) "Division" means the Division of Oil, Gas, and Mining created in Section 40-6-15.
36          (b) "Office" means the Office of Energy Development created in Section 63M-4-401.
37          (c) "Royalty rate" means the percentage of the interests described in Subsection
38     (2)(b)(i) as defined by a contract between the United States, the state, an Indian, or an Indian
39     tribe and the oil or gas producer.
40          (d) "Taxable value" means the total value of the oil or gas minus:
41          (i) any royalties paid to, or the value of oil or gas taken in kind by, the interest holders
42     described in Subsection (2)(b)(i); and
43          (ii) the total value of oil or gas exempt from severance tax under Subsection (2)(b)(ii).
44          (e) "Taxable volume" means:
45          (i) for oil, the total volume of barrels minus:
46          (A) for an interest described in Subsection (2)(b)(i), the product of the royalty rate and
47     the total volume of barrels; and
48          (B) the number of barrels that are exempt under Subsection (2)(b)(ii); and
49          (ii) for natural gas, the total volume of MCFs minus:
50          (A) for an interest described in Subsection (2)(b)(i), the product of the royalty rate and
51     the total volume of MCFs; and
52          (B) the number of MCFs that are exempt under Subsection (2)(b)(ii).
53          (f) "Total value" means the value, as determined by Section 59-5-103.1, of all oil or
54     gas that is:
55          (i) produced; and
56          (ii) (A) saved;
57          (B) sold; or
58          (C) transported from the field where the oil or gas was produced.

59          (g) "Total volume" means:
60          (i) for oil, the number of barrels:
61          (A) produced; and
62          (B) (I) saved;
63          (II) sold; or
64          (III) transported from the field where the oil was produced; and
65          (ii) for natural gas, the number of MCFs:
66          (A) produced; and
67          (B) (I) saved;
68          (II) sold; or
69          (III) transported from the field where the natural gas was produced.
70          (h) "Value of oil or gas taken in kind" means the volume of oil or gas taken in kind
71     multiplied by the market price for oil or gas at the location where the oil or gas was produced
72     on the date the oil or gas was taken in kind.
73          (2) (a) Except as provided in Subsection (2)(b), a person owning an interest in oil or
74     gas produced from a well in the state, including a working interest, royalty interest, payment
75     out of production, or any other interest, or in the proceeds of the production of oil or gas, shall
76     pay to the state a severance tax on the owner's interest in the taxable value of the oil or gas:
77          (i) produced; and
78          (ii) (A) saved;
79          (B) sold; or
80          (C) transported from the field where the substance was produced.
81          (b) The severance tax imposed by Subsection (2)(a) does not apply to:
82          (i) an interest of:
83          (A) the United States in oil or gas or in the proceeds of the production of oil or gas;
84          (B) the state or a political subdivision of the state in oil or gas or in the proceeds of the
85     production of oil or gas; and
86          (C) an Indian or Indian tribe as defined in Section 9-9-101 in oil or gas or in the
87     proceeds of the production of oil or gas produced from land under the jurisdiction of the United
88     States; and
89          (ii) the value of:

90          (A) oil or gas produced from stripper wells, unless the exemption prevents the
91     severance tax from being treated as a deduction for federal tax purposes;
92          (B) oil or gas produced in the first 12 months of production for wildcat wells started
93     after January 1, 1990; and
94          (C) oil or gas produced in the first six months of production for development wells
95     started after January 1, 1990.
96          (3) (a) The severance tax on oil shall be calculated as follows:
97          (i) dividing the taxable value by the taxable volume;
98          (ii) (A) multiplying the rate described in Subsection (4)(a)(i) by the portion of the
99     figure calculated in Subsection (3)(a)(i) that is subject to the rate described in Subsection
100     (4)(a)(i); and
101          (B) multiplying the rate described in Subsection (4)(a)(ii) by the portion of the figure
102     calculated in Subsection (3)(a)(i) that is subject to the rate described in Subsection (4)(a)(ii);
103          (iii) adding together the figures calculated in Subsections (3)(a)(ii)(A) and (B); and
104          (iv) multiplying the figure calculated in Subsection (3)(a)(iii) by the taxable volume.
105          (b) The severance tax on natural gas shall be calculated as follows:
106          (i) dividing the taxable value by the taxable volume;
107          (ii) (A) multiplying the rate described in Subsection (4)(b)(i) by the portion of the
108     figure calculated in Subsection (3)(b)(i) that is subject to the rate described in Subsection
109     (4)(b)(i); and
110          (B) multiplying the rate described in Subsection (4)(b)(ii) by the portion of the figure
111     calculated in Subsection (3)(b)(i) that is subject to the rate described in Subsection (4)(b)(ii);
112          (iii) adding together the figures calculated in Subsections (3)(b)(ii)(A) and (B); and
113          (iv) multiplying the figure calculated in Subsection (3)(b)(iii) by the taxable volume.
114          (c) The severance tax on natural gas liquids shall be calculated by multiplying the
115     taxable value of the natural gas liquids by the severance tax rate in Subsection (4)(c).
116          (4) Subject to Subsection (9):
117          (a) the severance tax rate for oil is as follows:
118          (i) 3% of the taxable value of the oil up to and including the first $13 per barrel for oil;
119     and
120          (ii) 5% of the taxable value of the oil from $13.01 and above per barrel for oil;

121          (b) the severance tax rate for natural gas is as follows:
122          (i) 3% of the taxable value of the natural gas up to and including the first $1.50 per
123     MCF for gas; and
124          (ii) 5% of the taxable value of the natural gas from $1.51 and above per MCF for gas;
125     and
126          (c) the severance tax rate for natural gas liquids is 4% of the taxable value of the
127     natural gas liquids.
128          (5) If oil or gas is shipped outside the state:
129          (a) the shipment constitutes a sale; and
130          (b) the oil or gas is subject to the tax imposed by this section.
131          (6) (a) Except as provided in Subsection (6)(b), if the oil or gas is stockpiled, the tax is
132     not imposed until the oil or gas is:
133          (i) sold;
134          (ii) transported; or
135          (iii) delivered.
136          (b) If oil or gas is stockpiled for more than two years, the oil or gas is subject to the tax
137     imposed by this section.
138          (7) (a) Subject to other provisions of this Subsection (7), a taxpayer that pays for all or
139     part of the expenses of a recompletion or workover may claim a nonrefundable tax credit equal
140     to the amount stated on a tax credit certificate that the office issues to the taxpayer.
141          (b) The maximum tax credit per taxpayer per well in a calendar year is the lesser of:
142          (i) 20% of the taxpayer's payment of expenses of a well recompletion or workover
143     during the calendar year; and
144          (ii) $30,000.
145          (c) A taxpayer may carry forward a tax credit allowed under this Subsection (7) for the
146     next three calendar years if the tax credit exceeds the taxpayer's tax liability under this part for
147     the calendar year in which the taxpayer claims the tax credit.
148          (d) (i) To claim a tax credit under this Subsection (7), a taxpayer shall follow the
149     procedures and requirements of this Subsection (7)(d).
150          (ii) The taxpayer shall prepare a [report] summary of the taxpayer's expenses of a well
151     recompletion or [well] workover during the calendar year that the well recompletion or

152     workover is completed.
153          (iii) An independent certified public accountant shall:
154          (A) review the [report] summary from the taxpayer; and
155          (B) [attest to] provide a report on the accuracy and validity of [the report, including]
156     the amount of expenses of a well recompletion or [well] workover that the taxpayer included in
157     the summary, in accordance with the agreed upon procedures.
158          (iv) The taxpayer shall submit the taxpayer's [report and the attestation] summary and
159     the independent certified public accountant's report to the division to verify that the expenses
160     certified by the independent certified public accountant are well recompletion or workover
161     expenses.
162          (v) The division shall return to the taxpayer:
163          (A) the taxpayer's [report] summary;
164          (B) the [attestation] report by the independent certified public accountant; and
165          (C) a report by the division that includes the amount of approved well recompletion or
166     workover expenses.
167          (vi) The taxpayer shall apply to the office for a tax credit certificate to receive a written
168     certification, on a form approved by the commission, that includes:
169          (A) the amount of the taxpayer's payments of expenses of a well recompletion or
170     workover during the calendar year; and
171          (B) the amount of the taxpayer's tax credit.
172          (vii) A taxpayer that receives a tax credit certificate shall retain the tax credit certificate
173     for the same time period that a person is required to keep books and records under Section
174     59-1-1406.
175          (e) The office shall submit to the commission an electronic list that includes:
176          (i) the name and identifying information of each taxpayer to which the office issues a
177     tax credit certificate; and
178          (ii) for each taxpayer, the amount of the tax credit listed on the tax credit certificate.
179          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[,]:
180          (i) the office may make rules to govern the application process for receiving a tax
181     credit [certification] certificate under this Subsection (7)[.]; and
182          (ii) the division shall make rules to establish the agreed upon procedures described in

183     Subsection (7)(d)(iii).
184          (8) (a) Subject to the other provisions of this Subsection (8), a taxpayer may claim a
185     tax credit against a severance tax owing on natural gas under this section if:
186          (i) the taxpayer is required to pay a severance tax on natural gas under this section;
187          (ii) the taxpayer owns or operates a plant in the state that converts natural gas to
188     hydrogen fuel; and
189          (iii) all of the natural gas for which the taxpayer owes a severance tax under this
190     section is used for the production in the state of hydrogen fuel for use in zero emission motor
191     vehicles.
192          (b) The taxpayer may claim a tax credit equal to the lesser of:
193          (i) the amount of tax that the taxpayer owes under this section; and
194          (ii) $5,000,000.
195          (c) (i) To claim a tax credit under this Subsection (8), a taxpayer shall follow the
196     procedures and requirements of this Subsection (8)(c).
197          (ii) The taxpayer shall request that the division verify that the taxpayer owns or
198     operates a plant in this state:
199          (A) that converts natural gas to hydrogen fuel; and
200          (B) at which all natural gas is converted to hydrogen fuel for use in zero emission
201     motor vehicles.
202          (d) The division shall submit to the commission an electronic list that includes the
203     name and identifying information of each taxpayer for which the division completed the
204     verification described in Subsection (8)(c).
205          (9) A 50% reduction in the tax rate is imposed upon the incremental production
206     achieved from an enhanced recovery project.
207          (10) The taxes imposed by this section are:
208          (a) in addition to all other taxes provided by law; and
209          (b) delinquent, unless otherwise deferred, on June 1 following the calendar year when
210     the oil or gas is:
211          (i) produced; and
212          (ii) (A) saved;
213          (B) sold; or

214          (C) transported from the field.
215          (11) With respect to the tax imposed by this section on each owner of an interest in the
216     production of oil or gas or in the proceeds of the production of oil or gas in the state, each
217     owner is liable for the tax in proportion to the owner's interest in the production or in the
218     proceeds of the production.
219          (12) The tax imposed by this section shall be reported and paid by each producer that
220     takes oil or gas in kind pursuant to an agreement on behalf of the producer and on behalf of
221     each owner entitled to participate in the oil or gas sold by the producer or transported by the
222     producer from the field where the oil or gas is produced.
223          (13) Each producer shall deduct the tax imposed by this section from the amounts due
224     to other owners for the production or the proceeds of the production.
225          Section 2. Section 63N-8-103 is amended to read:
226          63N-8-103. Motion Picture Incentive Account created -- Cash rebate incentives --
227     Refundable tax credit incentives.
228          (1) (a) There is created within the General Fund a restricted account known as the
229     Motion Picture Incentive Account, which the office shall use to provide cash rebate incentives
230     for state-approved productions by a motion picture company.
231          (b) All interest generated from investment of money in the restricted account shall be
232     deposited in the restricted account.
233          (c) The restricted account shall consist of an annual appropriation by the Legislature.
234          (d) The office shall:
235          (i) with the advice of the board, administer the restricted account; and
236          (ii) make payments from the restricted account as required under this section.
237          (e) The cost of administering the restricted account shall be paid from money in the
238     restricted account.
239          (2) (a) A motion picture company or digital media company seeking disbursement of
240     an incentive allowed under an agreement with the office shall follow the procedures and
241     requirements of this Subsection (2).
242          (b) The motion picture company or digital media company shall provide the office with
243     [a report] an incentive request form, provided by the office, identifying and documenting the
244     dollars left in the state and new state revenues generated by the motion picture company or

245     digital media company for [its] state-approved production, including any related tax returns by
246     the motion picture company, payroll company, digital media company, or loan-out corporation
247     under Subsection (2)(d).
248          (c) For a motion picture company, an independent certified public accountant shall:
249          (i) review the [report] incentive request form submitted by the motion picture
250     company; and
251          (ii) [attest to] provide a report on the accuracy and validity of the [report] incentive
252     request form, including the amount of dollars left in the state, in accordance with the agreed
253     upon procedures established by the office by rule.
254          (d) The motion picture company, digital media company, payroll company, or loan-out
255     corporation shall provide the office with a document that expressly directs and authorizes the
256     State Tax Commission to disclose the entity's tax returns and other information concerning the
257     entity that would otherwise be subject to confidentiality under Section 59-1-403 or Section
258     6103, Internal Revenue Code, to the office.
259          (e) The office shall submit the document described in Subsection (2)(d) to the State
260     Tax Commission.
261          (f) Upon receipt of the document described in Subsection (2)(d), the State Tax
262     Commission shall provide the office with the information requested by the office that the
263     motion picture company, digital media company, payroll company, or loan-out corporation
264     directed or authorized the State Tax Commission to provide to the office in the document
265     described in Subsection (2)(d).
266          (g) Subject to Subsection (3), for a motion picture company the office shall:
267          (i) review the [report] incentive request form from the motion picture company
268     described in Subsection (2)(b) and verify that [it] the incentive request form was reviewed by
269     an independent certified public accountant as described in Subsection (2)(c); and
270          (ii) based upon the independent certified public accountant's [attestation] report under
271     Subsection (2)(c), determine the amount of the incentive that the motion picture company is
272     entitled to under [its] the motion picture company's agreement with the office.
273          (h) Subject to Subsection (3), for a digital media company, the office shall:
274          (i) ensure the digital media project results in new state [revenue] revenues; and
275          (ii) based upon review of new state [revenue] revenues, determine the amount of the

276     incentive that a digital media company is entitled to under [its] the digital media company's
277     agreement with the office.
278          (i) Subject to Subsection (3), if the incentive is in the form of a cash rebate, the office
279     shall pay the incentive from the restricted account to the motion picture company,
280     notwithstanding Subsections 51-5-3(23)(b) and 63J-1-105(6).
281          (j) If the incentive is in the form of a refundable tax credit under Section 59-7-614.5 or
282     59-10-1108, the office shall:
283          (i) issue a tax credit certificate to the motion picture company or digital media
284     company; and
285          (ii) provide a duplicate copy of the tax credit certificate to the State Tax Commission.
286          (k) A motion picture company or digital media company may not claim a motion
287     picture tax credit under Section 59-7-614.5 or 59-10-1108 unless the motion picture company
288     or digital media company has received a tax credit certificate for the claim issued by the office
289     under Subsection (2)(j)(i).
290          (l) A motion picture company or digital media company may claim a motion picture
291     tax credit on [its] the motion picture company's or the digital media company's tax return for
292     the amount listed on the tax credit certificate issued by the office.
293          (m) A motion picture company or digital media company that claims a tax credit under
294     Subsection (2)(l) shall retain the tax credit certificate and all supporting documentation in
295     accordance with Subsection 63N-8-104(6).
296          (3) (a) Subject to Subsection (3)(b), the office may issue $6,793,700 in tax credit
297     certificates under this part in a fiscal year.
298          (b) If the office does not issue tax credit certificates in a fiscal year totaling the amount
299     authorized under Subsection (3)(a), [it] the office may carry over that amount for issuance in
300     subsequent fiscal years.
301          Section 3. Effective date.
302          If approved by two-thirds of all the members elected to each house, this bill takes effect
303     upon approval by the governor, or the day following the constitutional time limit of Utah
304     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
305     the date of veto override.
306          Section 4. Retrospective operation.

307          This bill has retrospective operation for a taxable year beginning on or after January 1,
308     2019.