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Outline

The Texas AP-180 form is a critical document for gas producers seeking a reduced tax rate on high-cost gas wells certified by the Texas Railroad Commission (RRC). This form is designed to facilitate the approval process for tax reductions, ensuring that producers can recoup some of their drilling and completion costs. It requires detailed information, including taxpayer identification, lease information, well specifications, and a breakdown of drilling and completion expenses. The form also mandates a declaration of the truthfulness of the submitted information, which is essential for maintaining transparency and compliance with state regulations. Producers must file this form within specific timeframes to avoid penalties and ensure eligibility for tax credits. Additionally, the AP-180 form emphasizes the confidentiality of certain financial data, protecting sensitive information while allowing for industry averages to be calculated. By following the guidelines outlined in the AP-180, producers can navigate the complexities of tax reductions and maximize their financial benefits.

Sample - Texas Ap 180 Form

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

.00

_______________________

_______________________

Drilling costs

.00

Stimulation

.00

_______________________

_______________________

Casing and cementing

.00

Production equipment

.00

_______________________

_______________________

Support costs

.00

Support costs

.00

_______________________

_______________________

TOTAL DRILLING COSTS

.00

TOTAL COMPLETION COSTS

.00

_______________________

_______________________

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.

Form Information

Fact Name Details
Purpose of Form Form AP-180 is used by producers to request a reduced tax rate for gas from high cost gas wells certified by the Texas Railroad Commission (RRC).
Governing Law The form is governed by Texas Tax Code, Section 201.057(h), which ensures confidentiality of drilling and completion costs.
Filing Requirements Producers must file the form within specific deadlines to avoid penalties. This includes a four-year statute of limitations for credit-amended reports.
Contact Information For questions, contact the Comptroller of Public Accounts at 1-800-252-1384 or 512-463-4600.

Detailed Guide for Filling Out Texas Ap 180

Filling out the Texas AP-180 form is an important step for producers seeking a reduced tax rate for high-cost gas wells. This process requires careful attention to detail to ensure all necessary information is provided accurately. Below are the steps to complete the form effectively.

  1. Provide Taxpayer Information: Enter your name, contact person, and mailing address in the designated fields. Make sure to include your Texas taxpayer number.
  2. Fill Out Lease Information: Include the lease name, RRC field name, total measured well depth, true vertical well depth, API number, county of production, county code, and RRC lease number. Indicate if the well is a stacked lateral or multiple completion well, and if it has been designated as a Statewide Rule Exception.
  3. Input Dates: Record the well spud date, completion date, RRC approval date, and the first date of production in the specified format.
  4. Select High Cost Gas Production Information: Check the box corresponding to the reason for high-cost gas production, such as designated tight formation or completion below 15,000 feet.
  5. Detail Drilling and Completion Costs: Break down your costs into categories: pre-drilling, drilling, casing and cementing, completion services, well stimulation, production equipment, and support costs. Enter the amounts for each category accurately.
  6. Declaration: Type or print the name and title of the authorized individual. Provide a daytime phone number and email address. Indicate whether you are a consultant or service provider and attach a signed Limited Power of Attorney if applicable.
  7. Sign and Date: Sign the form and include the date of submission in the designated area.

Once you have completed the form, ensure that all required documentation, such as the letter of certification from the Texas Railroad Commission, is included. Mail the completed form to the Comptroller of Public Accounts at the specified address. If you have any questions during the process, don't hesitate to reach out to the provided contact numbers for assistance.

Obtain Answers on Texas Ap 180

  1. What is the Texas AP-180 form?

    The Texas AP-180 form, also known as the Request for Approval of Reduced Tax Rate for High Cost Gas, is a document that producers must file to seek a reduced tax rate for gas produced from wells certified as high cost gas wells by the Texas Railroad Commission (RRC). This form helps producers recoup credits for taxes paid on these specific gas leases.

  2. Who needs to file the AP-180 form?

    Any producer who wants to obtain a reduced tax rate for gas on high cost gas wells must file the AP-180 form. If a consultant or service provider is filing on behalf of a taxpayer, a Limited Power of Attorney must be included with the submission.

  3. What information is required when filing the AP-180?

    When completing the AP-180, you need to provide:

    • Your taxpayer name, contact person, and mailing address.
    • Details about the well, including its name, depth, and API number.
    • Drilling and completion costs associated with the high cost gas well.
    • A copy of the certification letter from the Texas Railroad Commission.

  4. When should I file the AP-180 form?

    It’s crucial to file the AP-180 form within specific timeframes to avoid penalties. Generally, you should file it:

    • Within four years from the due date of a production period for credit-amended reports.
    • At the later of 180 days after the first production date or 45 days after the RRC approval date.

  5. What happens if I miss the filing deadline?

    If you do not file the AP-180 form by the applicable deadline, the tax exemption or deduction will be reduced by 10 percent. This reduction applies for the period starting 180 days after the first production date until the form is submitted.

  6. How do I report the approved high cost gas leases?

    When reporting approved high cost gas leases, you should use “Type 05” on natural gas producer and purchaser tax reports. Ensure that you include the actual RRC lease number. If there are any discrepancies, such as previously reported lease numbers, you will need to amend your reports accordingly.

  7. What costs can I include in the AP-180 form?

    Costs that can be included in the AP-180 form fall into several categories:

    • Drilling costs, including pre-drilling, drilling, casing, and cementing expenses.
    • Completion costs, such as services, stimulation, and production equipment.
    • Support costs related to transporting materials and equipment to the well site.

    However, marketing costs incurred after the outlet of a lease separator should not be included.

  8. Where can I find more information about the AP-180 form?

    For detailed information regarding the AP-180 form and the process for filing, you can visit the Texas Comptroller's website at http://window.state.tx.us/taxinfo/nat_gas/index.html. This site contains valuable resources and guidance on approved reduced tax rates for high cost gas leases.

Common mistakes

Completing the Texas AP-180 form can be a straightforward process, but several common mistakes can lead to delays or complications. One frequent error is failing to provide accurate contact information. Ensuring that the taxpayer name, contact person, and mailing address are correct is crucial for communication with the Comptroller's office.

Another common mistake involves neglecting to include the Texas taxpayer number. This number is essential for identifying the taxpayer and processing the request. Omitting it can result in unnecessary delays. Additionally, many individuals overlook the shaded areas on the form, which are designated for Comptroller use only. Writing in these areas can lead to confusion and processing errors.

Some filers do not attach the required letter of certification from the Texas Railroad Commission. This letter is necessary to validate the application for reduced tax rates on high-cost gas wells. Without it, the application may be rejected. Similarly, failing to indicate whether the well is a stacked lateral or multiple completion well can lead to complications. Accurate descriptions are vital for proper classification.

Incorrectly reporting drilling and completion costs is another frequent issue. Each cost category must be carefully filled out, and all relevant expenses should be included. Missing costs can affect the overall tax credit. Additionally, many people do not check the appropriate box regarding whether they are a consultant or service provider. This detail is essential, especially if a Limited Power of Attorney is required.

Timeliness is also a critical factor. Submitting the AP-180 form after the applicable deadlines can result in penalties. It is important to be aware of the four-year statute of limitations and other filing deadlines associated with the form. Ignoring these deadlines can significantly reduce the potential tax benefits.

Lastly, some filers fail to sign and date the form. An unsigned form is considered incomplete and will not be processed. Ensuring that all required sections are filled out accurately and completely is essential for a successful submission.

Documents used along the form

When dealing with the Texas AP-180 form, it is often necessary to accompany it with additional documents to ensure compliance and to streamline the process. Below is a list of forms that are commonly used alongside the AP-180, each serving a specific purpose in the context of tax reduction for high-cost gas wells.

  • Limited Power of Attorney: This document is essential when a consultant or service provider files the AP-180 on behalf of a taxpayer. It grants the representative the authority to act on behalf of the taxpayer in matters related to the form, ensuring that all necessary decisions can be made without delay.
  • Texas Railroad Commission Certification Letter: A copy of this letter must accompany the AP-180. It serves as proof that the gas well has been certified by the Texas Railroad Commission as a high-cost gas well, which is a prerequisite for applying for a reduced tax rate.
  • Amended Tax Reports: If a taxpayer needs to claim a credit for taxes previously paid on approved reduced tax rates, amended tax reports are required. These reports must detail the correct lease numbers and production values, ensuring that the tax credits are accurately applied.
  • Production Data Reports: These reports provide detailed information about the production history of the gas well. They are often needed to substantiate claims made in the AP-180 and can help verify production levels and associated costs.

In summary, the Texas AP-180 form is just one part of the process for obtaining a reduced tax rate for high-cost gas wells. The accompanying documents play a crucial role in ensuring that the application is complete and compliant with state regulations. Properly preparing these forms can significantly impact the efficiency of the tax reduction process.

Similar forms

  • Form 1065: This form is used by partnerships to report income, deductions, gains, and losses. Like the Texas AP 180, it requires detailed financial information and declarations from authorized individuals, ensuring accuracy in reporting tax obligations.
  • Form 1120: Corporations use this form to report their income and expenses. Similar to the AP 180, it includes sections for reporting specific financial details and requires a signature from an authorized representative, affirming the truthfulness of the information provided.
  • Form 941: Employers file this form to report payroll taxes. It shares similarities with the AP 180 in that both require timely submission and accurate reporting of specific financial data to avoid penalties.
  • Form W-2: This form reports an employee's annual wages and the taxes withheld. Like the AP 180, it must be completed accurately and submitted to the appropriate authority, with a signature confirming the information is correct.
  • Form 1099: Used to report various types of income other than wages, salaries, and tips. The AP 180 and Form 1099 both require detailed information about financial transactions and must be filed with the IRS to ensure compliance with tax regulations.
  • Form 8862: This form is used to claim the Earned Income Credit after it has been disallowed in a previous year. Similar to the AP 180, it requires detailed information and a declaration of truthfulness, ensuring that the claim is valid and substantiated.

Dos and Don'ts

When filling out the Texas AP-180 form, it's important to follow specific guidelines to ensure your submission is correct and complete. Here’s a list of what you should and shouldn't do:

  • Do: Read the instructions on the back of the form carefully.
  • Do: Include all required information, such as the Texas taxpayer number and well details.
  • Do: Mail the completed form to the correct address: Comptroller of Public Accounts, P.O. Box 13528, Austin, TX 78711-3528.
  • Do: Contact the Comptroller's office if you have questions at 1-800-252-1384 or 512-463-4600.
  • Don't: Write in the shaded areas of the form.
  • Don't: Forget to attach any necessary documents, such as the certification letter from the Texas Railroad Commission.
  • Don't: Miss the filing deadlines to avoid penalties. Be aware of the four-year statute of limitations.
  • Don't: Submit incomplete forms, as this may delay processing and approval.

Misconceptions

Misconceptions about the Texas AP-180 form can lead to confusion and errors in the filing process. Here are ten common misconceptions:

  1. Only large producers need to file the AP-180 form. In reality, any producer seeking a reduced tax rate for high-cost gas wells must file this form, regardless of the size of their operation.
  2. A Limited Power of Attorney is optional. This is incorrect. If a consultant or service provider files the AP-180 on behalf of a taxpayer, a Limited Power of Attorney must be included.
  3. The AP-180 form can be submitted without additional documentation. This is misleading. A letter of certification from the Texas Railroad Commission must accompany each completed form.
  4. Filing deadlines are flexible. This misconception can be costly. There are strict deadlines for filing the AP-180, including a four-year statute of limitations for credit-amended reports.
  5. All drilling and completion costs can be included. Not all costs qualify. Certain pre-drilling costs, such as damage payments to surface owners, are excluded from the form.
  6. Once filed, the AP-180 form does not require updates. This is not true. If there are changes in production or costs, an amended report must be filed to reflect accurate information.
  7. The end date of the exemption is always fixed. The end date can vary. It is determined by either the earliest of 120 months from the first production date or when cumulative tax savings equal 50% of total costs.
  8. Consultants can file the form without any specific requirements. This is incorrect. Consultants must provide a signed Limited Power of Attorney when filing on behalf of a taxpayer.
  9. Only gas produced from designated tight formations qualifies. This is misleading. Gas produced from various sources, including coal seams and geopressured brine, may qualify for the reduced tax rate.
  10. The AP-180 form is only for new wells. This is not accurate. The form can be used for existing wells that meet the criteria for high-cost gas production.

Key takeaways

Filling out and using the Texas AP-180 form requires careful attention to detail. Here are five key takeaways to keep in mind:

  • Eligibility: Only producers seeking a reduced tax rate for gas wells certified as high cost gas wells by the Texas Railroad Commission (RRC) should file this form.
  • Required Documentation: A letter of certification from the RRC must accompany the completed form. This is crucial for the approval process.
  • Filing Deadlines: Be aware of important deadlines. For example, the form must be filed within 180 days of the first production date to avoid penalties.
  • Confidentiality: Information regarding drilling and completion costs is confidential and cannot be disclosed, except in aggregated forms for industry averages.
  • Amended Reports: If claiming credits for previously paid taxes, an amended report is necessary. Ensure you follow the correct reporting procedures to avoid complications.

Understanding these aspects can streamline the process and help ensure compliance with Texas tax regulations.