Tex. Tax Code Section 202.061
Tax Credit for Enhanced Efficiency Equipment


(a)

In this section:

(1)

“Enhanced efficiency equipment” means equipment used in the production of oil that reduces the energy used to produce a barrel of fluid by 10 percent or more when compared to commonly available alternative equipment. The term does not include a motor or downhole pump. Equipment does not qualify as enhanced efficiency equipment unless an institution of higher education approved by the comptroller that is located in this state and that has an accredited petroleum engineering program evaluated the equipment and determined that the equipment does produce the required energy reduction.

(2)

“Marginal well” means an oil well that produces 10 barrels of oil or less per day on average during a month.

(b)

The taxpayer responsible for the payment of severance taxes on the production from a marginal well in this state on which enhanced efficiency equipment is installed and used is entitled to a credit in an amount equal to 10 percent of the cost of the equipment, provided that:

(1)

the cumulative total of all severance tax credits authorized by this section may not exceed $1,000 for any marginal well;

(2)

the enhanced efficiency equipment installed in a qualifying marginal well must have been purchased and installed not earlier than September 1, 2005, or later than September 1, 2013;

(3)

the taxpayer must file an application with the comptroller for the credit and must demonstrate to the comptroller that the enhanced efficiency equipment has been purchased and installed in the marginal well within the period prescribed by Subdivision (2);

(4)

the number of applications the comptroller may approve each state fiscal year may not exceed a number equal to one percent of the producing marginal wells in this state on September 1 of that state fiscal year, as determined by the comptroller; and

(5)

the manufacturer of the enhanced efficiency equipment must obtain an evaluation of the product under Subsection (a).

(c)

The taxpayer may carry any unused credit forward until the credit is used.
Added by Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 12, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 931 (H.B. 3314), Sec. 19, eff. September 1, 2007.

Source: Section 202.061 — Tax Credit for Enhanced Efficiency Equipment, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­202.­htm#202.­061 (accessed Apr. 20, 2024).

202.001
Definitions
202.002
Production and Measurement of Oil
202.003
Agreement to Pay Tax Not Impaired
202.004
Inspection of Records and Reports
202.005
Employment of Auditors
202.006
Taxpayer Identification Number
202.051
Tax Imposed
202.052
Rate of Tax
202.053
Market Value
202.054
Qualification of Oil from New or Expanded Enhanced Recovery Project for Special Tax Rate
202.056
Exemption for Oil and Gas from Wells Previously Inactive
202.057
Tax Credit for Incremental Production Techniques
202.058
Credits for Qualifying Low-producing Oil Leases
202.059
Exemption for Hydrocarbons from Terra Wells
202.060
Exemption for Oil and Gas from Reactivated Orphaned Wells
202.061
Tax Credit for Enhanced Efficiency Equipment
202.063
Exemption of Oil Incidentally Produced in Association with the Production of Geothermal Energy
202.101
Producer’s Records
202.102
First Purchaser’s Records
202.103
Subsequent Purchaser’s Records
202.104
Royalty Owner’s Records
202.105
Carrier’s Records
202.151
Tax Due
202.152
Payment of Tax
202.153
First Purchaser to Pay Tax
202.154
Producer to Pay Tax on Oil Not Sold
202.155
Purchaser to Pay Tax on Oil from Property Under Legal Constraint
202.156
Tax Borne Ratably
202.201
Producer’s Report
202.202
First Purchaser’s Report
202.204
Reports of Carrier
202.205
Transfer of Ownership
202.251
Liability of Producer and Purchaser
202.252
Producer’s Remedy
202.301
Delinquent Taxes: Penalty
202.302
Tax Lien
202.303
Forced Sale by Officer
202.304
Suit for Taxes
202.305
Unlawful Removal of Oil
202.306
Inspector Has Free Access
202.307
Incomplete Records or Reports
202.351
Occupation Tax
202.352
Tax Set Aside
202.353
Allocation of Revenue
202.354
Dedication to Texas Tuition Assistance Grant Program
202.0545
Tax Exemption for Enhanced Recovery Projects Using Anthropogenic Carbon Dioxide

Accessed:
Apr. 20, 2024

§ 202.061’s source at texas​.gov