The Texas AP-180 form, designated for the Request for Approval of Reduced Tax Rate for High Cost Gas, serves as a crucial document for producers seeking tax credits on high cost gas wells certified by the Texas Railroad Commission (RRC). By providing detailed information on taxpayer identification, well specifics, drilling and completion costs, and attesting to the truth and correctness of the information provided, this form plays a pivotal role in the administration of tax benefits for eligible gas producers. For guidance on completing and submitting Form AP-180 effectively, click the button below.
Exploring the multifaceted dimensions of the Texas AP-180 form reveals its crucial role in the state's natural gas production framework. This document serves as a pivotal tool for gas producers seeking to avail themselves of a reduced tax rate on high-cost gas wells, a status conferred by the Texas Railroad Commission (RRC). The form meticulously collects details about the taxpayer, well specifics including the lease name, total and true vertical well depths, along with county of production, and crucial dates marking the well's lifecycle from spudding to first production. The distinction of a high-cost gas well hinges on several criteria, including designated tight formations and completion complexities, underscoring the state's recognition of the substantial investments and risks these endeavors entail. Submission of the AP-180, augmented by a letter of certification from the RRC, sets into motion the potential recoupment of taxes previously paid, albeit within tightly defined statutory deadlines and with particular emphasis on documenting drilling and completion costs in exhaustive detail. These provisions underscore a delicate balance between encouraging the extraction of natural gas and ensuring the fiscal prudence of tax incentives, making the AP-180 a critical document for both the state and its energy producers.
AP-180 (Rev.10-13/8)
Request for Approval of Reduced Tax Rate for High Cost Gas
T Code 00990 1126
Taxpayer name, contact person and mailing address
You have certain rights under Chapters 552 and 559, Government Code, to review, request and correct information we have on file about you.
Contact us at the address or phone numbers listed on this form.
• Do not write in shaded areas.
• See instructions on back of form.
Complete this form and mail to:
Comptroller of Public Accounts
P.O. Box 13528
Austin, TX 78711-3528
If you have any questions about this form, please call 1-800-252-1384 or 512-463-4600.
Texas taxpayer number
In accordance with Tax Code, Section 201.057(h), drilling and completion costs included on this form are confidential and
may not be disclosed, except to the extent aggregated with other similar information to produce industry averages.
Texas Railroad Commission (RRC) Lease Information
Lease name
Name of RRC field in which well is located
Total measured well depth
True vertical well depth
API number
County of production
County code
RRC lease number
Is well indicated above a stacked lateral well?............................................................................................................................
Is well indicated above a multiple completion well? ....................................................................................................................
Was this well designated by RRC as a Statewide Rule Exception (SWR-10)?...........................................................................
YES YES YES
NO NO NO
Dates
Well spud date (year and month)
Well completion date (year and month)
RRC approval date (mm/dd/yyyy)
First date of production (year and month)
High Cost Gas Production Information
High cost gas was produced as a result of (check one):
designated tight formation
coal seams
completion below 15,000 feet
geopressured brine
devonian shale
production enhancement
Drilling and Completion Costs for High Cost Gas Well
Drilling Costs
Completion Costs
Pre-drilling costs
.00
Services
_______________________
Drilling costs
Stimulation
Casing and cementing
Production equipment
Support costs
TOTAL DRILLING COSTS
TOTAL COMPLETION COSTS
Declaration
I declare that the information in this document is true and correct to the best of my knowledge and belief.
Name and title of authorized individual (Please type or print)
Daytime phone (Area code and number)
Are you a consultant or service provider?..............................................................
YES
NO
(If yes, attach a signed Limited
Power of Attorney to this form.)
Email address
Signature
Date
Comptroller's Use Only
If applicable, enter eligible percentage rate of the allowable tax credit certified by RRC:
%
Form AP-180 (Back)(Rev.10-13/8)
General Information
Who Files: Form AP-180 must be filed by any producer seeking a reduced tax rate for gas on gas wells certified as high cost gas wells by the Texas Railroad Commission (RRC). A Limited Power of Attorney must be included with a completed Form AP-180 whenever a consultant and/or service provider files Form AP-180 on behalf of a taxpayer.
What is Needed: A copy of a letter of certification from the Texas Railroad Commission must accompany each completed Form AP-180.
When to File: To recoup credits for previously paid tax on approved reduced tax rates for high cost gas leases, the information filed on credit-amended reports must meet all of the following criteria:
•Four-Year Statute of Limitation: Credit-amended reports must be filed within four years from the due date of a production period.
•Ten Percent Penalty: Form AP-180 must be filed at the later of the 180th day after the date of first production or the 45th day after the date of approval by the commission. If Form AP-180 is not filed by the applicable deadline, the tax exemption or tax deduction is reduced by 10 percent for the period beginning on the 180th day after the first day of production and ending on the date on which Form AP-180 is filed with the Comptroller.
•One-Year Window Requirement: Credit-amended reports containing approved exempt high cost gas wells which have production periods that are prior to the Comptroller’s signature date must be filed by the first anniversary from the Comptroller’s signature date.
•Two-Year Window Requirement: If the application for certification is submitted to the Texas Railroad Commission after Jan. 1, 2004, the total allowable credit for taxes paid for reporting periods before the date the application is filed may not exceed the total tax paid on the gas that otherwise qualified for the exemption or tax reduction and that was produced during the 24 consecutive calendar months immediately preceding the month in which the application for certification was filed with the Texas Railroad Commission.
End Date of Exemption: The end date of an approved exempt high cost gas well is determined by either the earliest of 120 months from the date of first production or when the cumulative value of the tax savings equal to 50 percent of the total drilling and completion costs, whichever situation occurs first.
How to File Reports: An amended report is required to claim a credit for tax previously paid on an approved reduced tax rate for high cost gas leases. On natural gas producer and purchaser tax reports, report approved high cost gas leases as “Type 05” with the actual RRC lease number. Scenarios requiring an amended report are as follows:
•If the actual RRC lease number was previously reported as “Type 02”, credit out volumes and values reported and rebook volumes and values as “Type 05”.
•If no lease data was previously reported, report volumes and values as “Type 05” with the actual RRC lease number.
•If a drilling permit number was previously reported as “Type 02” and the corresponding lease is later approved for the reduced tax rate, credit out volumes and values and rebook as “Type 05” with the actual RRC lease number. Do not report a drilling permit number when initially reporting a “Type 05” lease.
Comptroller’s Website: Detailed Information on approved reduced tax rate for high cost gas leases is available at: http://window.state.tx.us/taxinfo/nat_gas/index.html. Click on the link labeled “CONG WEB Inquiry.”
Drilling Costs to be Included by Category
Predrilling - Damage payments to surface owner and any petroleum engineering or geoscience costs associated with the well location are not to be included. All costs related to surveying, permitting, constructing roads to well sites, including fences and gates, costs to build pad, cellar, concrete pad, rat and mouse holes, conductor hole and pipe, drilling pit and liner and the cost of any water well. Costs of any environmental surveys performed including any monitoring wells drilled at or near the wellsite and the preparation of environmental impact study that may be required and any necessary remediation.
Drilling - Day rates or footage costs including general costs associated with normal rig operations. Include rig mobilization, rig positioning and rig demobiliza- tion charges where applicable. All costs for fuel and power, mud and chemical materials used to drill and condition the hole and/or restore and maintain circulation and chemical materials such as weighting materials, lost circulation materials, crude oil, diesel oil or mineral oil used in the circulating system. Also, if applicable, include the cost for air or gas compression if used for drilling. Cost of drill bits used to drill the well from conductor to total depth including the cost of any diamond drilling bits that are used. Labor, material transportation, services, standby time, tool rentals for setting whipstocks, milling casing windows, setting casing whipstocks, cement plugs for directional drilling, any special bottomhole assemblies or equipment such as Dynadrills, Turbodrills, measurement while drilling assemblies and costs, jet deflecting stabilizers, reamers, hole openers and any other items that affect or influence the directional tendencies of a wellbore. Labor, material and services for mud logging and any drill stem testing during drilling operations. Include test analysis costs where applicable. Open-hole logging costs including wireline formation tests and inclination and directional survey costs. Costs required to cut and recover cores, including sidewall cores and core analysis. Costs of rental tools and equipment including BOP’s, drill pipe, drill, collars and bottomhole assemblies, mud motors, shale shakers, degassers, desanders, desilters and centrifuges.
Casing and Cementing - Cost of casing, float shoes, float collars, and centralizers used in any portion of the casing program including any liners and liner hangers. Cost of cement, additives and pumping charges for the cement and costs for all plugs.
Support Costs - Costs associated with hauling water, casing or rental equipment to the well site. Costs for special equipment testing. Costs for roustabout crews. Costs of direct supervision of drilling operations.
Completion Costs to be Included by Category
Services - Rig used in completion operations. If the drilling rig is used for the completion operations, the costs must be separated. All wireline operations performed in the cased hole, including logging, perforating and setting tools on wireline. Costs of any fluids used in the wellbore (except fluids used during stimulation) during well operations from the time production casing is cemented until the well is turned to sales. Costs related to testing pay intervals that cannot be attributed to any other category. Costs for site restoration and for any remediation associated with the completion operations.
Well Stimulation - All costs associated with stimulating the pay interval. This includes acidizing and hydraulic fracturing charges as well as equipment costs that are specifically related to stimulation operations such as frac tanks. It includes the cost of coil tubing units and operations if used.
Production Equipment - The production tubing string, packers, bridgeplugs, tubing anchors and gravel packing. Any equipment installed on the wellhead including the wellhead itself. All equipment costs associated with gas lift or rod pumping equipment, including both down hole and surface equipment. Also included in this category are plunger lift and cavity displacement pumps and associated equipment. All equipment from the wing valve to the sales meter that is required to produce the well. This includes production, storage and separation equipment, meters, flowlines, chemical pumps and any location costs such as gates, roads and fences associated with the lease equipment. Drilling and Completion Costs does not include any costs incurred after the outlet of a lease separator or that would otherwise be considered a marketing cost for severance tax purposes.
Support Costs - Costs to transport materials and equipment to the well site that are not specifically chargeable to other more specific operations. This category includes hauling casing or tubing to location, but would not include the cost to haul water for a fracture stimulation. Rental equipment used to complete the well. Costs of roustabout crews used during and after drilling operations have ceased. Costs of direct supervision of completion operations.
Filling out the Texas AP-180 form is essential for producers seeking a reduced tax rate for gas from high-cost gas wells, certified by the Texas Railroad Commission (RRC). These instructions aim to guide you through the process step-by-step, ensuring accuracy and compliance. The completion of this form is pivotal for the proper accounting and potential benefits regarding tax liabilities. Proceed with care, ensuring that all information is accurate and reflective of the well in question.
After the Texas AP-180 form has been submitted, the information will undergo review for approval of the reduced tax rate for high-cost gas production. It’s essential to adhere to the submission deadlines to facilitate the timely processing of your application and to maximize the benefits of potential tax reductions. Keep a copy of the completed form and all correspondence for your records. Should questions or concerns arise during or after you’ve filed, reaching out to the Comptroller’s office via the phone numbers listed on the form can provide further assistance and guidance.
The Texas AP-180 form is a document that producers use to apply for a reduced tax rate on high cost gas wells. This form is necessary for producers who have wells certified as high cost gas wells by the Texas Railroad Commission (RRC). The form collects detailed information about the taxpayer, the well, and the costs associated with drilling and completion.
Any producer seeking a reduced tax rate for high cost gas on wells certified by the Texas Railroad Commission must file the AP-180 form. If a consultant or service provider is acting on behalf of the taxpayer, a signed Limited Power of Attorney must also be included with the form.
Additionally, the form must be accompanied by a copy of the letter of certification from the RRC.
The form must be filed within specific deadlines to avoid penalties and to ensure eligibility for tax credits:
The completed AP-180 form should be mailed to the Comptroller of Public Accounts at the address provided on the form. It is critical to include all necessary documentation, such as the letter of certification from the Texas Railroad Commission and, if applicable, a signed Limited Power of Attorney. For detailed instructions and additional information, the Comptroller’s website offers resources and guidance for filing.
In conclusion, careful attention to the detailed instructions and accurate, complete responses are crucial when filling out the Texas AP-180 form. A meticulous review of the filled form before submission helps in avoiding common mistakes that could potentially delay or negatively impact the application for reduced tax rates on high cost gas wells.
To navigate the complexities of applying for a reduced tax rate for high-cost gas through the Texas AP-180 form, individuals and entities often find themselves handling several other important documents in conjunction. These documents play a crucial role in ensuring a smooth application process and in meeting regulatory compliance. A brief overview of these documents will illustrate their significance.
Together, these documents form a comprehensive dossier that supports the AP-180 application process. From authorizing representatives to providing proof of eligibility and ensuring accurate tax reporting, each document plays a specific role in navigating the intricate requirements set by the Texas Comptroller of Public Accounts and the Texas Railroad Commission. Hence, applicants are advised to gather and prepare these documents carefully to facilitate a successful application for a reduced tax rate on high-cost gas wells.
The Texas AP-180 form, utilized for requesting approval of a reduced tax rate for high cost gas, bears similarities to several other documents within various regulatory frameworks. These similarities often stem from shared goals such as compliance verification, tax reduction applications, or environmental and operational disclosures. Exploring these documents illuminates the interconnectedness of regulatory processes across different sectors.
One example is the Federal IRS Form 8903, which is used to calculate and claim the Domestic Production Activities Deduction (DPAD). Like the AP-180 form, IRS Form 8903 serves to reduce tax liability, albeit in a broader range of production activities beyond high cost gas. Both forms require detailed accounting of operational costs and are structured to encourage specific types of economic activities by offering tax incentives, highlighting their role in fostering certain industries within regulatory guidelines.
Another related document is the Texas RRC Form W-2, also known as the Oil Well Status Report. This form shares a similar domain with the AP-180, as both are involved in the reporting and regulation of oil and gas production activities within Texas. While the AP-180 focuses on tax rate reductions for high cost gas wells, Form W-2 is more broadly concerned with the operational status and production details of oil wells, emphasizing the regulatory oversight necessary for both environmental compliance and resource management.
The Environmental Protection Agency (EPA) Form R, known as the Toxic Release Inventory (TRI) Form, shares a compliance and reporting ethos with the AP-180 form, although focused on environmental rather than fiscal compliance. Companies use Form R to report the release of toxic chemicals to the environment, aiming to inform both regulators and the public. Both the AP-180 and Form R demonstrate how regulatory forms can serve as tools for accountability and transparency in industries with significant environmental impacts.
The Application for Federal Permit to Drill (APD), required by the Bureau of Land Management (BLM) for oil and gas drilling on federal lands, also parallels the AP-180 form. Both require detailed descriptions of a project to secure a form of approval, whether for tax benefits or operational permission, showcasing the intricate requirements set forth by governmental bodies to regulate energy production while balancing economic and environmental considerations.
Lastly, the Department of Energy (DOE) Form 412-13, used for the Mandatory Greenhouse Gases Reporting, is akin to the AP-180 in its role in regulatory oversight. While the DOE form focuses on greenhouse gas emissions from large sources across various sectors, both forms contribute to a broader effort to manage environmental impacts and resource extraction activities through detailed reporting and adherence to specific requirements, underlining the shared goals of sustainability and compliance within industry practices.
When filling out the Texas AP-180 form, it's important to pay close attention to detail and follow specific guidelines to ensure the process is completed correctly and efficiently. Here’s a list of things you should and shouldn't do:
One common misconception is that the AP-180 form is only for oil producers. However, it is specifically designed for producers seeking a reduced tax rate for high cost gas wells as certified by the Texas Railroad Commission (RRC). This form is not for oil production.
Some believe that filling out the AP-180 form automatically guarantees a reduced tax rate. In reality, submission of the form begins the review process. Approval is contingent upon meeting certain criteria set by the Texas Comptroller and the RRC.
Another misunderstanding is that the form is lengthy and complicated. While comprehensive, the form is designed to gather essential information about the well and its costs to determine eligibility for the tax reduction. Proper documentation and adherence to instructions simplify the process.
There's a misconception that all sections of the form must be filled out by the well owner directly. In actuality, a consultant or service provider can complete the form on behalf of the taxpayer, provided a signed Limited Power of Attorney is attached.
People often think the AP-180 form covers multiple wells. However, a separate form is required for each high cost gas well for which a reduction is sought. This ensures accurate and specific consideration for each unique well.
It's mistakenly believed that predrilling costs are not important. On the contrary, specific predrilling costs are crucial for determining the total drilling and completion costs, directly affecting the eligibility and calculation of the tax rate reduction.
Some presume that only direct drilling and completion costs are to be included. In reality, the form also requires information on support costs, which can significantly impact the total cost calculation for the well.
A frequent misconception is that once the AP-180 form is filed, no further action is required. Filers must often provide additional documentation or clarification, especially if the RRC or the Comptroller's office has questions.
Many believe there's no deadline for filing the AP-180 form. In fact, there are strict deadlines related to the production date and RRC approval that, if missed, can affect eligibility for the tax reduction.
Lastly, there's a misunderstanding that the AP-180 form's submission is the final step in the process. Filers may need to submit amended tax reports or additional documentation depending on the outcome of the AP-180 review and the specific circumstances of their high cost gas production.
When filling out the Texas AP-180 form, it's important to not write in the shaded areas. These sections are reserved for office use only, ensuring that the information is processed correctly and efficiently.
The AP-180 form requires detailed information about your Texas Railroad Commission (RRC) Lease, including lease name, field, well depths, and API number. Accurately providing this information is crucial for your application's success as it enables the accurate identification and processing of your request.
Drilling and completion costs must be itemized carefully on the form, separating pre-drilling, drilling, casing, cementing, and support costs. This detailed breakdown is essential for evaluating your application for a reduced tax rate on high-cost gas wells, ensuring that you capture all eligible costs accurately.
The form mandates a declaration by an authorized individual, verifying the accuracy and truthfulness of the provided information. This step underscores the importance of honesty and accountability in the application process, laying a foundation for trust and integrity.
Filing deadlines and specific requirements outlined in the form, such as the Four-Year Statute of Limitation and the One-Year and Two-Year Window Requirements, highlight the importance of timely submission. Adhering to these deadlines ensures eligibility for the reduced tax rate and maximizes your benefits.
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