(a) A person that is an owner of a gas storage facility described in (b) of this section that commences commercial operation after December 31, 2010, and before January 1, 2016, may apply a refundable credit against a tax liability that may be imposed on the person under this chapter for the taxable year in which the gas storage facility commences commercial operation. The tax credit under this section shall be an amount equal to $1.50 for each 1,000 cubic feet of working gas storage capacity that is certified under Alaska Stat. § 31.05.032 less any amount of credit received under this section taken in earlier tax years for that capacity. The total amount of the credit that may be received for a single gas storage facility under this section may not exceed the lesser of $15,000,000 or 25 percent of the costs incurred to establish the gas storage facility. The tax credit in this section is in addition to any other credit under this chapter for which the person is eligible.
Terms Used In Alaska Statutes 43.20.046
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) A gas storage facility qualifying for the credit in this section
(1) must have a working gas storage capacity of at least 500,000,000 cubic feet of gas other than cushion gas;(2) must have a minimum withdrawal capability of 10,000,000 cubic feet a day as certified by the Alaska Oil and Gas Conservation Commission under Alaska Stat. § 31.05.032;(3) may not have been in operation as a gas storage facility before January 1, 2011;(4) must be regulated under Alaska Stat. Chapter 42.05 as a utility and be available to furnish the service of natural gas storage to the public for compensation; in this paragraph, “service of natural gas storage” has the meaning given in Alaska Stat. § 42.05.990; and(5) if located on state land and leased or subject to a lease under Alaska Stat. § 38.05.180, must be in compliance with the terms of the lease.(c) To claim the credit, the person shall submit to the department a copy of the certification of working gas storage capacity and withdrawal capability issued under Alaska Stat. § 31.05.032, the date that the gas storage facility commenced commercial operation, and other information required by the department. A person applying the credit against a liability under this chapter shall claim the credit on the person’s return.(d) A person entitled to a tax credit under this section that is greater than the person’s tax liability under this chapter may request a refund in the amount of the unused portion of the tax credit.(e) Subject to the requirements in Alaska Stat. § 43.55.028 , the department may use either available money in the oil and gas tax credit fund established in Alaska Stat. § 43.55.028 or, subject to appropriation by the legislature, money disbursed to the commissioner for refunds under Alaska Stat. § 43.55.028 from the Alaska Tax Credit Certificate Bond Corporation reserve fund established in Alaska Stat. § 37.18.040, or both, to make the refund applied for under (d) of this section in whole or in part if the department finds that, after application of all available tax credits, the claimant’s total tax liability under this chapter for the calendar year in which the claim is made is zero.(f) For the purpose of determining the amount of the credit under this section, the working gas storage capacity on which the credit is based shall be the capacity certified by the Alaska Oil and Gas Conservation Commission under Alaska Stat. § 31.05.032.(g) A person may not receive a credit under this section for the acquisition of a gas storage facility for which a credit has been granted under this section.(h) If the gas storage facility for which a credit was received under this section ceases commercial operation during the nine calendar years immediately following the calendar year in which the gas storage facility commences commercial operation, the tax liability under this chapter of the person who claimed the credit shall be increased. The amount of the increase in tax liability
(1) shall be determined and assessed for the taxable year in which the gas storage facility ceases commercial operation, regardless of whether the gas storage facility subsequently resumes commercial operation; and(2) is equal to the total amount of the credit taken multiplied by a fraction, the numerator of which is the difference between 10 and the number of calendar years for which the gas storage facility was eligible for a tax credit under this section and the denominator of which is 10.(i) The issuance of a refund under this section does not limit the department’s ability to later audit or adjust the claim if the department determines, as a result of the audit, that the person that claimed the credit was not entitled to the amount of the credit. The tax liability of the person receiving the credit under this chapter is increased by the amount of the credit that exceeds that to which the person was entitled. If the tax liability is increased under this subsection, the increase bears interest under Alaska Stat. § 43.05.225 from the date the refund was issued.(j) A person claiming a tax credit under this section for a gas storage facility that ceases commercial operation within nine calendar years immediately following the calendar year in which the gas storage facility commences commercial operation shall notify the department in writing of the date the gas storage facility ceased commercial operation. The notice must be filed with the return for the taxable year in which the gas storage facility ceases commercial operation.(k) A refund under this section does not bear interest.(l) In this section, “ceases commercial operation,” “commences commercial operation,” “gas storage facility,” and “working gas storage capacity” have the meanings given in Alaska Stat. § 31.05.032.
