(a) For a calendar year, a producer subject to tax under Alaska Stat. § 43.55.011 shall pay the tax as follows:

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Terms Used In Alaska Statutes 43.55.020

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • month: means a calendar month unless otherwise expressed. See Alaska Statutes 01.10.060
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) for oil and gas produced before January 1, 2014, an installment payment of the estimated tax levied by Alaska Stat. § 43.55.011(e), net of any tax credits applied as allowed by law, is due for each month of the calendar year on the last day of the following month; except as otherwise provided under (2) of this subsection, the amount of the installment payment is the sum of the following amounts, less 1/12 of the tax credits that are allowed by law to be applied against the tax levied by Alaska Stat. § 43.55.011(e) for the calendar year, but the amount of the installment payment may not be less than zero:

(A) for oil and gas not subject to Alaska Stat. § 43.55.011(o) or (p) produced from leases or properties in the state outside the Cook Inlet sedimentary basin, other than leases or properties subject to Alaska Stat. § 43.55.011(f), the greater of

(i) zero; or
(ii) the sum of 25 percent and the tax rate calculated for the month under Alaska Stat. § 43.55.011(g) multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil and gas under Alaska Stat. § 43.55.160 from the gross value at the point of production of the oil and gas produced from the leases or properties during the month for which the installment payment is calculated;
(B) for oil and gas produced from leases or properties subject to Alaska Stat. § 43.55.011(f), the greatest of

(i) zero;
(ii) zero percent, one percent, two percent, three percent, or four percent, as applicable, of the gross value at the point of production of the oil and gas produced from the leases or properties during the month for which the installment payment is calculated; or
(iii) the sum of 25 percent and the tax rate calculated for the month under Alaska Stat. § 43.55.011(g) multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil and gas under Alaska Stat. § 43.55.160 from the gross value at the point of production of the oil and gas produced from those leases or properties during the month for which the installment payment is calculated;
(C) for oil or gas subject to Alaska Stat. § 43.55.011(j), (k), or (o), for each lease or property, the greater of

(i) zero; or
(ii) the sum of 25 percent and the tax rate calculated for the month under Alaska Stat. § 43.55.011(g) multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible under Alaska Stat. § 43.55.160 for the oil or gas, respectively, produced from the lease or property from the gross value at the point of production of the oil or gas, respectively, produced from the lease or property during the month for which the installment payment is calculated;
(D) for oil and gas subject to Alaska Stat. § 43.55.011(p), the lesser of

(i) the sum of 25 percent and the tax rate calculated for the month under Alaska Stat. § 43.55.011(g) multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil and gas under Alaska Stat. § 43.55.160 from the gross value at the point of production of the oil and gas produced from the leases or properties during the month for which the installment payment is calculated, but not less than zero; or
(ii) four percent of the gross value at the point of production of the oil and gas produced from the leases or properties during the month, but not less than zero;
(2) an amount calculated under (1)(C) of this subsection for oil or gas subject to Alaska Stat. § 43.55.011(j), (k), or (o) may not exceed the product obtained by carrying out the calculation set out in Alaska Stat. § 43.55.011(j)(1) or (2) or 43.55.011(o), as applicable, for gas or set out in Alaska Stat. § 43.55.011(k) for oil, but substituting in Alaska Stat. § 43.55.011(j)(1)(A) or (2)(A) or 43.55.011(o), as applicable, the amount of taxable gas produced during the month for the amount of taxable gas produced during the calendar year and substituting in Alaska Stat. § 43.55.011(k) the amount of taxable oil produced during the month for the amount of taxable oil produced during the calendar year;
(3) an installment payment of the estimated tax levied by Alaska Stat. § 43.55.011(i) for each lease or property is due for each month of the calendar year on the last day of the following month; the amount of the installment payment is the sum of

(A) the applicable tax rate for oil provided under Alaska Stat. § 43.55.011(i), multiplied by the gross value at the point of production of the oil taxable under Alaska Stat. § 43.55.011(i) and produced from the lease or property during the month; and
(B) the applicable tax rate for gas provided under Alaska Stat. § 43.55.011(i), multiplied by the gross value at the point of production of the gas taxable under Alaska Stat. § 43.55.011(i) and produced from the lease or property during the month;
(4) any amount of tax levied by Alaska Stat. § 43.55.011, net of any credits applied as allowed by law, that exceeds the total of the amounts due as installment payments of estimated tax is due on March 31 of the year following the calendar year of production;
(5) for oil and gas produced on and after January 1, 2014, and before January 1, 2022, an installment payment of the estimated tax levied by Alaska Stat. § 43.55.011(e), net of any tax credits applied as allowed by law, is due for each month of the calendar year on the last day of the following month; except as otherwise provided under (6) of this subsection, the amount of the installment payment is the sum of the following amounts, less 1/12 of the tax credits that are allowed by law to be applied against the tax levied by Alaska Stat. § 43.55.011(e) for the calendar year, but the amount of the installment payment may not be less than zero:

(A) for oil and gas not subject to Alaska Stat. § 43.55.011(o) or (p) produced from leases or properties in the state outside the Cook Inlet sedimentary basin, other than leases or properties subject to Alaska Stat. § 43.55.011(f), the greater of

(i) zero; or
(ii) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil and gas under Alaska Stat. § 43.55.160 from the gross value at the point of production of the oil and gas produced from the leases or properties during the month for which the installment payment is calculated;
(B) for oil and gas produced from leases or properties subject to Alaska Stat. § 43.55.011(f), the greatest of

(i) zero;
(ii) zero percent, one percent, two percent, three percent, or four percent, as applicable, of the gross value at the point of production of the oil and gas produced from the leases or properties during the month for which the installment payment is calculated; or
(iii) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil and gas under Alaska Stat. § 43.55.160 from the gross value at the point of production of the oil and gas produced from those leases or properties during the month for which the installment payment is calculated, except that, for the purposes of this calculation, a reduction from the gross value at the point of production may apply for oil and gas subject to Alaska Stat. § 43.55.160(f) or (g);
(C) for oil or gas subject to Alaska Stat. § 43.55.011(j), (k), or (o), for each lease or property, the greater of

(i) zero; or
(ii) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible under Alaska Stat. § 43.55.160 for the oil or gas, respectively, produced from the lease or property from the gross value at the point of production of the oil or gas, respectively, produced from the lease or property during the month for which the installment payment is calculated;
(D) for oil and gas subject to Alaska Stat. § 43.55.011(p), the lesser of

(i) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil and gas under Alaska Stat. § 43.55.160 from the gross value at the point of production of the oil and gas produced from the leases or properties during the month for which the installment payment is calculated, but not less than zero; or
(ii) four percent of the gross value at the point of production of the oil and gas produced from the leases or properties during the month, but not less than zero;
(6) an amount calculated under (5)(C) of this subsection for oil or gas subject to Alaska Stat. § 43.55.011(j), (k), or (o) may not exceed the product obtained by carrying out the calculation set out in Alaska Stat. § 43.55.011(j)(1) or (2) or 43.55.011(o), as applicable, for gas or set out in Alaska Stat. § 43.55.011(k) for oil, but substituting in Alaska Stat. § 43.55.011(j)(1)(A) or (2)(A) or 43.55.011(o), as applicable, the amount of taxable gas produced during the month for the amount of taxable gas produced during the calendar year and substituting in Alaska Stat. § 43.55.011(k) the amount of taxable oil produced during the month for the amount of taxable oil produced during the calendar year;
(7) for oil and gas produced on or after January 1, 2022, an installment payment of the estimated tax levied by Alaska Stat. § 43.55.011(e), net of any tax credits applied as allowed by law, is due for each month of the calendar year on the last day of the following month; except as otherwise provided under (10) of this subsection, the amount of the installment payment is the sum of the following amounts, less 1/12 of the tax credits that are allowed by law to be applied against the tax levied by Alaska Stat. § 43.55.011(e) for the calendar year, but the amount of the installment payment may not be less than zero:

(A) for oil produced from leases or properties subject to Alaska Stat. § 43.55.011(f), the greatest of

(i) zero;
(ii) zero percent, one percent, two percent, three percent, or four percent, as applicable, of the gross value at the point of production of the oil produced from the leases or properties during the month for which the installment payment is calculated; or
(iii) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil under Alaska Stat. § 43.55.160(h)(1) from the gross value at the point of production of the oil produced from those leases or properties during the month for which the installment payment is calculated, except that, for the purposes of this calculation, a reduction from the gross value at the point of production may apply for oil subject to Alaska Stat. § 43.55.160(f) or 43.55.160(f)and(g);
(B) for oil produced before or during the last calendar year under Alaska Stat. § 43.55.024(b) for which the producer could take a tax credit under Alaska Stat. § 43.55.024(a), from leases or properties in the state outside the Cook Inlet sedimentary basin, no part of which is north of 68 degrees North latitude, other than leases or properties subject to Alaska Stat. § 43.55.011(o) or (p), the greater of

(i) zero; or
(ii) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil under Alaska Stat. § 43.55.160(h)(2) from the gross value at the point of production of the oil produced from the leases or properties during the month for which the installment payment is calculated;
(C) for oil and gas produced from leases or properties subject to Alaska Stat. § 43.55.011(p), except as otherwise provided under (8) of this subsection, the sum of

(i) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil under Alaska Stat. § 43.55.160(h)(3) from the gross value at the point of production of the oil produced from the leases or properties during the month for which the installment payment is calculated, but not less than zero; and
(ii) 13 percent of the gross value at the point of production of the gas produced from the leases or properties during the month, but not less than zero;
(D) for oil produced from leases or properties in the state, no part of which is north of 68 degrees North latitude, other than leases or properties subject to (B), (C), or (F) of this paragraph, the greater of

(i) zero; or
(ii) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible for the oil under Alaska Stat. § 43.55.160(h)(4) from the gross value at the point of production of the oil produced from the leases or properties during the month for which the installment payment is calculated;
(E) for gas produced from each lease or property in the state outside the Cook Inlet sedimentary basin, other than a lease or property subject to Alaska Stat. § 43.55.011(o) or (p), 13 percent of the gross value at the point of production of the gas produced from the lease or property during the month for which the installment payment is calculated, but not less than zero;
(F) for oil subject to Alaska Stat. § 43.55.011(k), for each lease or property, the greater of

(i) zero; or
(ii) 35 percent multiplied by the remainder obtained by subtracting 1/12 of the producer’s adjusted lease expenditures for the calendar year of production under Alaska Stat. § 43.55.165 and 43.55.170 that are deductible under Alaska Stat. § 43.55.160 for the oil produced from the lease or property from the gross value at the point of production of the oil produced from the lease or property during the month for which the installment payment is calculated;
(G) for gas subject to Alaska Stat. § 43.55.011(j) or (o), for each lease or property, the greater of

(i) zero; or
(ii) 13 percent of the gross value at the point of production of the gas produced from the lease or property during the month for which the installment payment is calculated;
(8) an amount calculated under (7)(C) of this subsection may not exceed four percent of the gross value at the point of production of the oil and gas produced from leases or properties subject to Alaska Stat. § 43.55.011(p) during the month for which the installment payment is calculated;
(9) for purposes of the calculation under (1)(B)(ii), (5)(B)(ii), and (7)(A)(ii) of this subsection, the applicable percentage of the gross value at the point of production is determined under Alaska Stat. § 43.55.011(f)(1) or (2) but substituting the phrase “month for which the installment payment is calculated” in Alaska Stat. § 43.55.011(f)(1) and (2) for the phrase “calendar year for which the tax is due”;
(10) an amount calculated under (7)(F) or (G) of this subsection for oil or gas subject to Alaska Stat. § 43.55.011(j), (k), or (o) may not exceed the product obtained by carrying out the calculation set out in Alaska Stat. § 43.55.011(j)(1) or (2) or 43.55.011(o), as applicable, for gas, or set out in Alaska Stat. § 43.55.011(k) for oil, but substituting in Alaska Stat. § 43.55.011(j)(1)(A) or (2)(A) or 43.55.011(o), as applicable, the amount of taxable gas produced during the month for the amount of taxable gas produced during the calendar year and substituting in Alaska Stat. § 43.55.011(k) the amount of taxable oil produced during the month for the amount of taxable oil produced during the calendar year.
(b) The production tax on oil and gas shall be paid to the department by or on behalf of the producer.
(c)[Repealed, Sec. 7 ch 101 SLA 1972.]
(d)[Repealed, Sec. 33, ch. 10, SLA 2013.]
(e) Gas flared, released, or allowed to escape in excess of the amount authorized by the Alaska Oil and Gas Conservation Commission is considered, for the purpose of Alaska Stat. § 43.55.011 – 43.55.180, as gas produced from a lease or property. Oil or gas used in the operation of a lease or property in the state in drilling for or producing oil or gas, or for repressuring, except to the extent determined by the Alaska Oil and Gas Conservation Commission to be waste, is not considered, for the purpose of Alaska Stat. § 43.55.011 – 43.55.180, as oil or gas produced from a lease or property.
(f) If oil or gas is produced but not sold, gas is produced but is stored in a gas storage facility, or oil or gas is produced and sold under circumstances where the sale price does not represent the prevailing value for oil or gas of like kind, character, or quality in the field or area from which the product is produced, the department may require the tax to be paid upon the basis of the value of oil or gas of the same kind, quality, and character prevailing for that field or area during the calendar month of production or sale.
(g) Notwithstanding any contrary provision of Alaska Stat. § 43.05.225,

(1) before January 1, 2014, an unpaid amount of an installment payment required under (a)(1) – (3) of this section that is not paid when due bears interest (A) at the rate provided for an underpayment under 26 U.S.C. § 6621 (Internal Revenue Code), as amended, compounded daily, from the date the installment payment is due until March 31 following the calendar year of production, and (B) as provided for a delinquent tax under Alaska Stat. § 43.05.225 after that March 31; interest accrued under (A) of this paragraph that remains unpaid after that March 31 is treated as an addition to tax that bears interest under (B) of this paragraph; an unpaid amount of tax due under (a)(4) of this section that is not paid when due bears interest as provided for a delinquent tax under Alaska Stat. § 43.05.225;
(2) on and after January 1, 2014, an unpaid amount of an installment payment required under (a)(3), (5), (6), or (7) of this section that is not paid when due bears interest (A) at the rate provided for an underpayment under 26 U.S.C. § 6621 (Internal Revenue Code), as amended, compounded daily, from the date the installment payment is due until March 31 following the calendar year of production, and (B) as provided for a delinquent tax under Alaska Stat. § 43.05.225 after that March 31; interest accrued under (A) of this paragraph that remains unpaid after that March 31 is treated as an addition to tax that bears interest under (B) of this paragraph; an unpaid amount of tax due under (a)(4) of this section that is not paid when due bears interest as provided for a delinquent tax under Alaska Stat. § 43.05.225.
(h) Notwithstanding any contrary provision of Alaska Stat. § 43.05.280,

(1) an overpayment of an installment payment required under (a)(1), (2), (3), (5), (6), or (7) of this section bears interest at the rate provided for an overpayment under 26 U.S.C. § 6621 (Internal Revenue Code), as amended, compounded daily, from the later of the date the installment payment is due or the date the overpayment is made, until the earlier of

(A) the date it is refunded or is applied to an underpayment; or
(B) March 31 following the calendar year of production;
(2) except as provided under (1) of this subsection, interest with respect to an overpayment is allowed only on any net overpayment of the payments required under (a) of this section that remains after the later of March 31 following the calendar year of production or the date that the statement required under Alaska Stat. § 43.55.030(a) is filed;
(3) interest is allowed under (2) of this subsection only from a date that is 90 days after the later of March 31 following the calendar year of production or the date that the statement required under Alaska Stat. § 43.55.030(a) is filed; interest is not allowed if the overpayment was refunded within the 90-day period;
(4) interest under (2) and (3) of this subsection is paid at the rate and in the manner provided in Alaska Stat. § 43.05.225(1).
(i) Notwithstanding any contrary provision of Alaska Stat. § 43.05.225 or (g) or (h) of this section, if the amount of a tax payment, including an installment payment, due under (a)(1) – (4) of this section is affected by the retroactive application of a regulation adopted under this chapter, the department shall determine whether the retroactive application of the regulation caused an underpayment or an overpayment of the amount due and adjust the interest due on the affected payment as follows:

(1) if an underpayment of the amount due occurred, the department shall waive interest that would otherwise accrue for the underpayment before the first day of the second month following the month in which the regulation became effective, if

(A) the department determines that the producer’s underpayment resulted because the regulation was not in effect when the payment was due; and
(B) the producer demonstrates that it made a good faith estimate of its tax obligation in light of the regulations then in effect when the payment was due and paid the estimated tax;
(2) if an overpayment of the amount due occurred and the department determines that the producer’s overpayment resulted because the regulation was not in effect when the payment was due, the obligation for a refund for the overpayment does not begin to accrue interest earlier than the following, as applicable:

(A) except as otherwise provided under (B) of this paragraph, the first day of the second month following the month in which the regulation became effective;
(B) 90 days after an amended statement under Alaska Stat. § 43.55.030(a) and an application to request a refund of production tax paid is filed, if the overpayment was for a period for which an amended statement under Alaska Stat. § 43.55.030(a) was required to be filed before the regulation became effective.
(j) Cushion gas in a gas storage facility is not considered to be gas used in the operation of a lease or property or gas used for repressuring as described in (e) of this section. Gas withdrawn from a gas storage facility regulated under Alaska Stat. Chapter 42.05 is considered to be non-native gas until all non-native gas injected into the gas storage facility has been withdrawn from the gas storage facility. Non-native gas withdrawn from a gas storage facility is not considered to be gas produced for the purposes of Alaska Stat. § 43.55.011 – 43.55.180. Gas withdrawn from a gas storage facility after all non-native gas previously injected into the gas storage facility has been withdrawn is gas considered to be produced from the lease or property for the purposes of Alaska Stat. § 43.55.011 – 43.55.180. In this subsection, “native gas” and “non-native gas” have the meanings given in Alaska Stat. § 31.05.032.
(k) For oil and gas produced on and after January 1, 2014, and before January 1, 2022, in making settlement with the royalty owner for oil and gas that is taxable under Alaska Stat. § 43.55.011, the producer may deduct the amount of the tax paid on taxable royalty oil and gas, or may deduct taxable royalty oil or gas equivalent in value at the time the tax becomes due to the amount of the tax paid. If the total deductions of installment payments of estimated tax for a calendar year exceed the actual tax for that calendar year, the producer shall, before April 1 of the following year, refund the excess to the royalty owner. Unless otherwise agreed between the producer and the royalty owner, the amount of the tax paid under Alaska Stat. § 43.55.011(e) on taxable royalty oil and gas for a calendar year, other than oil and gas the ownership or right to which constitutes a landowner’s royalty interest, is considered to be the gross value at the point of production of the taxable royalty oil and gas produced during the calendar year multiplied by a figure that is a quotient, in which

(1) the numerator is the producer’s total tax liability under Alaska Stat. § 43.55.011(e)(2) for the calendar year of production; and
(2) the denominator is the total gross value at the point of production of the oil and gas taxable under Alaska Stat. § 43.55.011(e) produced by the producer from all leases and properties in the state during the calendar year.
(l) For oil and gas produced on and after January 1, 2022, in making settlement with the royalty owner for oil and gas that is taxable under Alaska Stat. § 43.55.011, the producer may deduct the amount of the tax paid on taxable royalty oil and gas, or may deduct taxable royalty oil or gas equivalent in value at the time the tax becomes due to the amount of the tax paid. If the total deductions of installment payments of estimated tax for a calendar year exceed the actual tax for that calendar year, the producer shall, before April 1 of the following year, refund the excess to the royalty owner. In making settlement with the royalty owner for gas that is taxable under Alaska Stat. § 43.55.014, the producer may deduct the amount of the gas paid as in-kind tax on taxable royalty gas or may deduct the gross value at the point of production of the gas paid as in-kind tax on taxable royalty gas. Unless otherwise agreed between the producer and the royalty owner, the amount of the tax paid under Alaska Stat. § 43.55.011(e) on taxable royalty oil for a calendar year, other than oil the ownership or right to which constitutes a landowner’s royalty interest, is considered to be the gross value at the point of production of the taxable royalty oil produced during the calendar year multiplied by a figure that is a quotient, in which

(1) the numerator is the producer’s total tax liability under Alaska Stat. § 43.55.011(e)(3)(A) for the calendar year of production; and
(2) the denominator is the total gross value at the point of production of the oil taxable under Alaska Stat. § 43.55.011(e) produced by the producer from all leases and properties in the state during the calendar year.
(m) In this section, “gas storage facility” has the meaning given in Alaska Stat. § 31.05.032.
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