- 1 -
|
Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print
instrx
AH XSL/XML Fileid: … ns/I8904/201812/A/XML/Cycle03/source (Init. & Date) _______
Page 1 of 2 9:34 - 24-Oct-2018
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Department of the Treasury
Internal Revenue Service
Instructions for Form 8904
(Rev. December 2018)
Credit for Oil and Gas Production From Marginal Wells
Section references are to the Internal Revenue Code Carryback and Carryforward of
unless otherwise noted.
Unused Credit
General Instructions If you have an unused credit after carrying it back to each
of the preceding 5 tax years (not just 1), then carry it
Future Developments forward to each of the 20 tax years after the year of the
For the latest information about developments related to credit.
Form 8904 and its instructions, such as legislation
Definitions
enacted after they were published, go to IRS.gov/
Form8904. Qualified marginal well means a domestic well with the
production from which during the tax year:
Purpose of Form • Is treated as marginal production under section 613A(c)
The section 45I credit for oil and gas production from (6); or
marginal wells is applicable for tax years beginning in 1. Has average daily production of not more than 25
2017 for qualified natural gas production (the credit barrel-of-oil equivalents (as defined in section 45K(d)(5)),
remains phased out for crude oil production). The credit is and
part of the section 38 general business credit.
2. Produces water at a rate not less than 95% of total
At the time these instructions were printed, the well effluent.
! credit for qualified natural gas production for tax Crude oil, natural gas, domestic, and barrel have the
CAUTION years beginning in 2018 had not been
meanings defined in section 613A(e).
determined. Go to IRS.gov/Form8904 for the latest
information. Other Rules
Partnerships and S corporations must file this form to Production attributable to the taxpayer. If a qualified
claim the credit. All other taxpayers aren’t required to marginal well has more than one owner of operating
complete or file this form if the only source of the credit is interests in the well and the crude oil or natural gas
a partnership or S corporation. Instead, they can report production exceeds the limitation under section 45I(c)(2),
the credit directly on Form 3800, General Business Credit. qualifying crude oil production or qualifying natural gas
For tax years beginning in 2017, use the 2017 Form 3800, production attributable to the taxpayer is determined on
Part III, line 1zz. the basis of the ratio of the taxpayer's revenue interest in
the production to the aggregate of the revenue interests of
Amount of Credit all operating interest owners in the production.
The credit is generally $3 per barrel of qualified crude oil Maximum production. Crude oil or natural gas
production and $0.50 per 1,000 cubic feet of qualified produced during any tax year from any well won't be
natural gas production. The $3 and $0.50 amounts are treated as qualified crude oil production or qualified
subject to a statutory reduction and must be adjusted by natural gas production to the extent production from the
the inflation adjustment factor (IAF) for the calendar year. well during the tax year exceeds 1,095 barrels or
The reduction and IAF for each calendar year will be barrel-of-oil equivalents (as defined in section 45K(d)(5)).
provided in the Internal Revenue Bulletin (IRB). For tax
years beginning in 2017, the credit amount is $0.51 per For short tax years, the maximum qualified production
thousand cubic feet of qualified natural gas production. is proportionately reduced by the ratio of the number of
See Notice 2018-52, available in IRB-2018-22. days in the short tax year to 365 days.
If a well isn't capable of production during each day of a
An owner of a marginal well may claim the credit any tax year, the maximum qualified production applicable to
time within 3 years from the due date (excluding the well is proportionately reduced by the ratio of the
extensions) of its return on either its original or an number of days of production to the total number of days
amended return. If you filed your 2017 return on or before in the tax year.
October 2, 2018, and either didn't claim the credit or
claimed the credit in an amount that differs from the Operating interest required. The credit may be claimed
amount determined using the credit amount stated in only on production which is attributable to the holder of an
Notice 2018-52, you may file an amended return using the operating interest.
applicable credit amount stated in that notice. Production from nonconventional sources excluded.
For production from a qualified marginal well which is
eligible for the section 45K nonconventional source fuel
credit for the tax year, no credit is allowable unless an
Oct 24, 2018 Cat. No. 70462A
|