Denouncing 'Handouts to Big Oil,' Biden Calls on Congress to End $40 Billion in Taxpayer Subsidies for Fossil Fuels

Authored by commondreams.org and submitted by bluexetsu

In a speech Wednesday outlining his new executive actions aimed at confronting the "existential threat" of the climate crisis, President Joe Biden said he plans to ask the Democrat-controlled Congress to pass legislation eliminating the tens of billions in taxpayer subsidies the federal government continues to hand Big Oil even as the planetary emergency wreaks havoc in the U.S. and across the globe.

"Unlike previous administrations, I don't think the federal government should give handouts to Big Oil to the tune of $40 billion in fossil fuel subsidies," said Biden. "I'm gonna be going to the Congress and asking them to eliminate those subsidies."

While the president did not offer specifics on what he would want a potential bill to look like, Rep. Ilhan Omar (D-Minn.), Sen. Bernie Sanders (I-Vt.), and other progressive lawmakers introduced legislation last year that proposed ending direct federal subsidies to the fossil fuel industry and "abolishing dozens of tax loopholes, subsidies, and other special interest giveaways littered throughout the federal tax code."

The lawmakers estimated the End Polluter Welfare Act would save taxpayers up to $150 billion over the next decade.

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Biden's call for legislative action on fossil fuel subsidies came just before he signed an executive order that, according to a White House summary, "directs federal agencies to eliminate fossil fuel subsidies as consistent with applicable law"—a move that would not touch handouts mandated by Congress.

In a series of tweets Wednesday, Alex Doukas of Oil Change International (OCI) argued that Biden's new executive actions and remarks on climate "could set the stage for a massive shift away from public handouts to the fossil fuel industry—not only in the U.S., but around the world."

Biden's Executive Order and statements today could set the stage for a MASSIVE shift away from public handouts to the fossil fuel industry - not only in the US, but around the world. Thread — Alex Doukas (@adoukas) January 27, 2021

Collin Rees, senior campaigner at OCI, said in a statement Wednesday that "directing federal agencies to eliminate fossil fuel subsidies where they are able to is a welcome shift from a Trump administration that spent four years doubling down to massive giveaways to oil, gas, and coal."

"Biden campaigned on eliminating fossil fuel giveaways, and voters agree by a huge margin," said Rees. "Taking the climate crisis seriously means prioritizing clean energy and investing in an equitable transition, not propping up an industry destroying the climate and abandoning its workers."

sybersonic on January 29th, 2021 at 00:20 UTC »

Honest question: Wouldn't that make gas much more expensive for consumers?

commandersprocket on January 28th, 2021 at 21:38 UTC »

Direct Subsidies

Intangible Drilling Costs Deduction (26 U.S. Code § 263. Active). This provision allows companies to deduct a majority of the costs incurred from drilling new wells domestically. In its analysis of President Trump’s Fiscal Year 2017 Budget Proposal, the Joint Committee on Taxation (JCT) estimated that eliminating tax breaks for intangible drilling costs would generate $1.59 billion in revenue in 2017, or $13 billion in the next ten years.

Percentage Depletion (26 U.S. Code § 613. Active). Depletion is an accounting method that works much like depreciation, allowing businesses to deduct a certain amount from their taxable income as a reflection of declining production from a reserve over time. However, with standard cost depletion, if a firm were to extract 10 percent of recoverable oil from a property, the depletion expense would be ten percent of capital costs. In contrast, percentage depletion allows firms to deduct a set percentage from their taxable income. Because percentage depletion is not based on capital costs, total deductions can exceed capital costs. This provision is limited to independent producers and royalty owners. In its analysis of the President’s Fiscal Year 2017 Budget Proposal, the JCT estimated that eliminating percentage depletion for coal, oil and natural gas would generate $12.9 billion in the next ten years.

Credit for Clean Coal Investment Internal Revenue Code § 48A (Active) and 48B (Inactive). These subsidies create a series of tax credits for energy investments, particularly for coal. In 2005, Congress authorized $1.5 billion in credits for integrated gasification combined cycle properties, with $800 million of this amount reserved specifically for coal projects. In 2008, additional incentives for carbon sequestration were added to IRC § 48B and 48A. These included 30 percent investment credits, which were made available for gasification projects that sequester 75 percent of carbon emissions, as well as advanced coal projects that sequester 65 percent of carbon emissions. Eliminating credits for investment in these projects would save $1 billion between 2017 and 2026.

Nonconventional Fuels Tax Credit (Internal Revenue Code § 45. Inactive). Sunsetted in 2014, this tax credit was created by the Crude Oil Windfall Profit Tax Act of 1980 to promote domestic energy production and reduce dependence on foreign oil. Although amendments to the act limited the list of qualifying fuel sources, this credit provided $12.2 billion to the coal industry from 2002-2010.

Indirect Subsidies

Last In, First Out Accounting (26 U.S. Code § 472. Active). The Last In, First Out accounting method (LIFO) allows oil and gas companies to sell the fuel most recently added to their reserves first, as opposed to selling older reserves first under the traditional First In, First Out (FIFO) method. This allows the most expensive reserves to be sold first, reducing the value of their inventory for taxation purposes.

Foreign Tax Credit (26 U.S. Code § 901. Active). Typically, when firms operating in foreign countries pay royalties abroad they can deduct these expenses from their taxable income. Instead of claiming royalty payments as deductions, oil and gas companies are able to treat them as fully deductible foreign income tax. In 2016, the JCT estimated that closing this loophole for all American businesses operating in countries that do not tax corporate income would generate $12.7 billion in tax revenue over the course of the following decade.

Master Limited Partnerships (Internal Revenue Code § 7704. Indirect. Active). Many oil and gas companies are structured as Master Limited Partnerships (MLPs). This structure combines the investment advantages of publicly traded corporations with the tax benefits of partnerships. While shareholders still pay personal income tax, the MLP itself is exempt from corporate income taxes. More than three-quarters of MLPs are fossil fuel companies. This provision is not available to renewable energy companies.

Domestic Manufacturing Deduction (IRC §199. Indirect. Inactive). Put in place in 2004, this subsidy supported a range of companies by decreasing their effective corporate tax rate. While this deduction was available to domestic manufacturers, it nevertheless benefitted fossil fuel companies by allowing “oil producers to claim a tax break intended for U.S. manufacturers to prevent job outsourcing”. The Office of Management and Budget estimated that repealing this deduction for coal and other hard mineral fossil fuels would have saved $173 million between 2012 and 2016. This subsidy was repealed by the Tax Cuts and Jobs Act (P.L. 115 – 97) starting fiscal year 2018.

CharonsLittleHelper on January 28th, 2021 at 17:33 UTC »

How do they define "subsidies"? Because I've heard things like deducting expenses be described as subsides by some.

Actual subsidies? Stop them 100%. And throw the ethanol BS in the bin too while you're at it.