Energy Tax Policy: Historical Perspectives on and Current Status of Energy Tax Expenditures
Congressional research reportMay 2, 2011
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Energy Tax Policy: Historical Perspectives on
and Current Status of Energy Tax
Expenditures
-name redactedAnalyst in Economics
May 2, 2011
Congressional Research Service
7-....
www.crs.gov
R41227
CRS Report for Congress
Prepared for Members and Committees of Congress
Energy Tax Expenditures: Current Status and Historical Perspectives
Summary
Since the 1970s, energy tax policy in the United States has attempted to achieve two broad
objectives. First, policymakers have sought to reduce oil import dependence and enhance national
security through a variety of domestic energy investment and production tax subsidies. Second,
environmental concerns have led to subsidization of a variety of renewable and energy efficiency
technologies via the tax code. While these two broad goals continue to guide policy, enacted
policies that solely focus on achieving only one of the goals are often inconsistent with policies
solely designed to achieve the other goal. For example, subsidies to oil and gas producers, while
enhancing domestic oil and gas production, encourage an activity with negative environmental
consequences.
By providing a longitudinal perspective on energy tax policy and expenditures, this report
examines how current revenue losses resulting from energy tax provisions compare to historical
losses and provides a foundation for understanding how current energy tax policy evolved.
Further, this report compares the relative value of tax incentives given to fossil fuels, renewables,
and energy efficiency. Recent legislation has introduced, reintroduced, expanded, and extended a
number of energy tax provisions. While a number of the current energy provisions have a long
historical standing in the tax code, a wider variety of tax incentives, to promote a range of energy
sources, are presently available than have been available in the past.
Examining trends in revenue losses associated with energy tax provisions provides insight into
the actual direction of energy tax policy. In inflation-adjusted terms, revenue losses associated
with energy tax provisions in the late 1970s and early 1980s are similar to revenue losses in the
late 2000s. The composition of these revenue losses, however, has changed significantly. In the
late 1970s nearly all revenue losses associated with energy tax provisions were the result of two
tax preferences given to the oil and gas industry. In the early 1980s, revenue losses associated
with special treatment for the oil and gas industry accounted for more than three quarters of all
federal revenue losses associated with energy tax expenditures. Changes in policy, coupled with
declining oil prices in the late 1980s, dramatically reduced revenue losses associated with oil and
gas tax policy. Throughout the 1990s, the bulk of revenue losses associated with energy tax
provisions were attributable to the tax credit for unconventional fuels. In the 2000s, revenue
losses associated with renewable energy production incentives began to make up a larger portion
of energy tax expenditure revenue losses. Revenue losses associated with tax provisions
benefitting fossil fuels also remained important into the 2000s, with a large proportion of revenue
losses in the mid-to-late 2000s associated with the unconventional fuel production credit,
benefitting synthetic coal producers. In the late 2000s, the majority of revenue losses have been
associated with incentives designed to promote alternative fuels and biofuels. By 2010, revenue
losses associated with tax incentives for renewables exceeded revenue losses associated with
fossil fuels. The Section 1603 grants in lieu of tax credits, made available starting in 2009, have
resulted in increased federal financial support for renewables.
The federal government also loses revenue from excise tax credits given to alcohol fuel blenders
(specifically, the volumetric ethanol excise tax credit (VEETC)). While excise tax credits are not
technically a tax expenditure (technically, tax expenditures are only revenue losses associated
with income tax provisions), these excise tax credits have played an important role in shaping
energy tax policy and were estimated to result in revenue losses of $5.7 billion in 2010 alone.
Congressional Research Service
Energy Tax Expenditures: Current Status and Historical Perspectives
Contents
A Brief History of Energy Tax Policy ..........................................................................................2
Energy Tax Policy from 1916 to 1970: Promoting Oil and Gas ..............................................2
Energy Tax Policy in the 1970s: Energy Efficiency and Unconventional and
Renewable Fuels ................................................................................................................3
Energy Tax Policy in the 1980s: The “Free-Market” Approach ..............................................5
Energy Tax Policy in the 1990s .............................................................................................5
Energy Tax Policy in the 2000s: A Renewed Interest in Renewables ......................................6
Economic Rationale for Intervention in Energy Markets............................................................ 10
Energy Tax Expenditures........................................................................................................... 12
A Cautionary Note: The Non-Additive Nature of Tax Expenditures ..................................... 14
A Closer Look at Energy Tax Expenditures ......................................................................... 14
Expensing of IDCs and Percentage Depletion for Oil and Gas ....................................... 17
Unconventional Fuels Tax Credit .................................................................................. 17
Renewable Energy Production Tax Credit ..................................................................... 18
Energy Efficiency Incentives......................................................................................... 19
Tax Expenditures for Renewable Fuels.......................................................................... 19
Comparing Tax Expenditures for Fossil Fuels, Renewables, and Efficiency ......................... 20
Other Energy Tax Provisions ..................................................................................................... 22
Alcohol Fuels...................................................................................................................... 23
Biofuels .............................................................................................................................. 23
Grants in Lieu of Tax Credits .............................................................................................. 24
Concluding Remarks................................................................................................................. 26
Figures
Figure 1. Energy and Tax Expenditures: 1977 - 2010................................................................. 13
Figure 2. Energy Tax Expenditures: Current Dollars.................................................................. 15
Figure 3. Energy Tax Expenditures: Inflation-Adjusted Dollars ................................................. 16
Figure 4. Tax Expenditures: Incentives for Fossil Fuels, Renewables, and Efficiency................. 21
Figure 5. Energy Tax Expenditures and Fuel Credits: Inflation-Adjusted Dollars ....................... 22
Figure 6. Revenue Losses from Tax Expenditures and Excise Tax Provisions: Fossil
Fuels, Renewables, and Efficiency ......................................................................................... 24
Figure 7. Revenue Losses from Tax Expenditures, Excise Tax Provisions, and Treasury
Grants in Lieu of Tax Credits: Fossil Fuels, Renewables, and Efficiency ................................ 26
Tables
Table A-1. Energy Tax Expenditures, Excise Tax Credits, and Grants
in Lieu of Tax Credits: Current Dollars................................................................................... 29
Table A-2. Energy Tax Expenditures, Excise Tax Credits, and Grants
in Lieu of Tax Credits: 2010 Dollars....................................................................................... 30
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Energy Tax Expenditures: Current Status and Historical Perspectives
Table A-3. Tax Expenditures for Fossil Fuels, Renewables, and Efficiency: 2010 Dollars .......... 31
Table B-1. Petroleum-Related Tax Incentives Through 2000...................................................... 32
Table B-2. Estimated Revenue Losses Associated with Oil and Gas Tax Preferences ................. 33
Table B-3. Cumulative Revenue Losses: 1968 - 2010 ................................................................ 33
Table B-4. Tax Expenditures for Renewable Energy: Current Dollars ........................................ 34
Table B-5. Tax Expenditures for Renewable Energy: Constant 2010 Dollars.............................. 35
Table B-6. Alcohol Fuels Excise Tax Exemption: Estimated Revenue Losses ............................ 36
Appendixes
Appendix A. Data Tables........................................................................................................... 29
Appendix B. Cumulative Revenue Losses Associated with Various Tax Preferences .................. 32
Contacts
Author Contact Information ...................................................................................................... 36
Acknowledgments .................................................................................................................... 36
Congressional Research Service
Energy Tax Expenditures: Current Status and Historical Perspectives
S
ince the 1970s, energy tax policy in the United States has attempted to achieve two broad
objectives. First, policymakers have sought to reduce oil import dependence and enhance
national security through a variety of domestic energy investment and production tax
subsidies. Second, environmental concerns have led to subsidization of a variety of renewable
and energy efficiency technologies via the tax code. While these two broad goals continue to
guide policy, enacted policies that solely focus on achieving only one of the goals are often
inconsistent with policies solely designed to achieve the other goal. For example, subsidies to oil
and gas producers, while enhancing domestic oil and gas production and ultimately increasing the
burning of fossil fuels, encourage an activity which may have negative environmental
consequences.
By providing a longitudinal perspective on energy tax policy and expenditures, this report
examines how current revenue losses resulting from energy tax provisions compare to historical
losses and provides a foundation for understanding how current energy tax policy evolved.
Further, this report compares the relative value of tax incentives given to fossil fuels, renewables,
and energy efficiency. Recent legislation has introduced, reintroduced, expanded, and extended a
number of energy tax provisions. While a number of the current energy provisions have a long
historical standing in the tax code, a wider variety of tax incentives, to promote a range of energy
sources, are presently available than have been available in the past.
After reviewing the history of energy tax policy, this report examines the economic rationale for
government interventions in energy markets. Understanding when and how government
intervention can improve market outcomes assists in evaluating the potential effects of various
tax policy proposals. In the case of energy markets, externalities, other market barriers, and
national security concerns raise the possibility that government intervention via tax policy may
lead to a more economically efficient distribution of energy resources.1
Trends in energy tax expenditures have changed substantially over the past 30 years.2 In the early
1980s, revenue losses associated with energy tax provisions were approximately 3% of total
revenue losses from all tax expenditures. In the mid-1980s, energy tax expenditures and total tax
expenditures were scaled back. While total tax expenditures relative to GDP have trended up
since the mid-1980s, energy tax expenditures relative to total tax expenditures have remained
below early 1980s levels. Relatively low levels of tax expenditures do not necessarily suggest that
the government is devoting fewer resources towards achieving energy policy goals, as federal
grants, loans and loan guarantees, and mandates are also important energy policy tools.
Examining trends in revenue losses associated with energy tax provisions provides insight into
the actual direction of energy tax policy. In inflation-adjusted terms, revenue losses associated
with energy tax provisions in the late 1970s and early 1980s are similar in total cost to revenue
losses in the late 2000s. The composition of these revenue losses, however, has changed
significantly. In the late 1970s nearly all revenue losses associated with energy tax provisions
were the result of two tax preferences given to the oil and gas industry. In the early 1980s,
revenue losses associated with special treatment for the oil and gas industry accounted for more
than three quarters of all federal revenue losses associated with energy tax expenditures. Changes
1
An economically efficient distribution of energy resources can be thought of as one that maximizes energy production
and efficiency at the lowest possible cost. When considering cost, all costs, including external costs such as
externalities and national security concerns, should be taken into account.
2
Tax expenditures are federal revenue losses (reduced governmental receipts) associated with tax provisions allowing
for special exemptions, deductions, credits, income deferrals, or reduced rates.
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in policy, coupled with declining oil prices in the late 1980s, dramatically reduced revenue losses
associated with oil and gas tax policy. Throughout the 1990s, the bulk of revenue losses
associated with energy tax provisions were attributable to the tax credit for unconventional fuels.3
In the 2000s, revenue losses associated with renewable energy production incentives began to
make up a larger portion of energy tax expenditure revenue losses, reaching an estimated 21% in
2006. Revenue losses associated with tax provisions benefitting fossil fuels also remained
important into the 2000s, with a large proportion of revenue losses in the mid-to-late 2000s
associated with the unconventional fuel production credit, benefitting synthetic coal producers. In
the late 2000s, the majority of revenue losses have been associated with incentives designed to
promote biofuels.
The federal government also loses significant revenue from excise tax credits given to alcohol
fuel blenders (specifically, the volumetric ethanol excise tax credit (VEETC)). While excise tax
credits are not technically a tax expenditure (technically, tax expenditures are only revenue losses
associated with income tax provisions), these excise tax credits have played an important role in
shaping energy tax policy. In 2010, tax credits for alcohol fuels reduced excise tax receipts by
$5.7 billion.
In 2009, Congress enacted the Section 1603 grant in lieu of tax credit program as part of the
American Recovery and Reinvestment Act (ARRA; P.L. 111-5).4 The Section 1603 grant program
allows taxpayers eligible for the renewable energy production tax credit (PTC) and investment
tax credit (ITC) to elect to receive a one-time cash payment from the Treasury instead of tax
payments. In 2010, outlays under this program were $4.2 billion.
A Brief History of Energy Tax Policy
The history of energy tax policy can be divided into five eras:5 the oil and gas period from 1916
through 1970, the energy crisis period of the 1970s, the 1980s free-market era of the Reagan
Administration, the post-Reagan era of the 1990s, and the 2000s, which is characterized by a
renewed interest in promoting renewable energy. 6
Energy Tax Policy from 1916 to 1970: Promoting Oil and Gas
For more than half a century, federal energy tax policy focused almost exclusively on increasing
domestic oil and gas reserves and production. There were no tax incentives promoting renewable
energy or energy efficiency. During that period, two major tax preferences were established for
oil and gas. These two provisions speed up the capital cost recovery for investments in oil and gas
exploration and production. First, the expensing of intangible drilling costs (IDCs) and dry hole
3
Qualifying fuels under the credit (often referred to as the “Section 29” credit) included oil produced from shale or tar
sands, gas produced from geopressurized brine, Devonian shale, tight formations, or coalbed methane, gas from
biomass, and synthetic fuels from coal.
4
For additional background, see CRS Report R41635, ARRA Section 1603 Grants in Lieu of Tax Credits for Renewable
Energy: Overview, Analysis, and Policy Options, by (name redacted) and (name redacted).
5
(name redacted), former CRS specialist, outlined these eras in previous CRS reports.
6
For an overview of the current status of energy tax policy, see CRS Report R41769, Energy Tax Policy: Issues in the
112th Congress, by (name redacted) and (name redacted).
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Energy Tax Expenditures: Current Status and Historical Perspectives
costs was introduced in 1916.7 This provision allows IDCs to be fully deducted in the first year
rather than being capitalized and depreciated over time. Second, the excess of percentage over
cost depletion deferral was introduced in 1926.8 The percentage depletion provision allows a
deduction of a fixed percentage of gross receipts rather than a deduction based on the actual value
of the resources extracted. 9 Through the mid-1980s, these tax preferences given to oil and gas
remained the largest energy tax provisions in terms of estimated revenue loss. Both of these
provisions remain in the tax code in limited form today.
Energy Tax Policy in the 1970s: Energy Efficiency and
Unconventional and Renewable Fuels
Events in the 1970s caused a dramatic shift in the focus of federal energy tax policy as evidenced
by legislation enacted in the late 1970s and early 1980s. First, large budget deficits made it
difficult to continue the large tax preferences given to oil and gas. Second, the 1970s brought a
heightened awareness of environmental issues, resulting in interest in promoting alternative
energy sources alongside energy efficiency. Finally, the oil embargo and subsequent energy crisis
of 1973, followed by the 1979 crisis in the wake of the Iranian Revolution, led policymakers to
enact policies promoting alternative fuels (both alcohol and unconventional fuels) and energy
efficiency. Additionally, policy also focused on increasing domestic energy production to enhance
national energy security.
Three broad actions were taken through the tax code shifting energy policy away from oil and gas
promotion towards creating incentives for alternative energy and efficiency. First, the oil
industry’s two major tax preferences—expensing of IDCs and percentage depletion—were
significantly reduced. Second, several excise taxes penalizing the use of fossil fuels were
introduced. These included the federal “gas guzzler” tax,10 a windfall profit tax on oil, 11 and an
excise tax on petroleum (the “Superfund” program). 12 Third, a number of tax incentives were
7
Intangible drilling costs (IDCs) include wages, machinery used for grading and drilling, and unsalvageable materials
used in developing wells. Special tax provisions allow producers to expense (deduct immediately) IDCs. In the absence
of this provision, non-capital expenses associated with oil exploration and drilling would be capitalized into the basis of
the property and the costs allocated as income is earned from the well over time. Currently, independent oil producers
can fully expense IDCs. Integrated oil companies can expense 70% of such costs and depreciate the remaining 30%
over five years.
8
Coal was allowed the percentage depletion deduction beginning in 1932.
9
If oil and gas producers were subject to normal income tax treatment, expenses associated with developing energy and
mineral properties would be capitalized into the basis of the property and recovered over time as output is produced.
Under percentage depletion, producers can recover investment costs (other than IDCs that were already expensed) by
claiming a depletion allowance that is a fixed percentage of gross receipts as opposed to a deduction for the actual
value of the resource extracted. When first introduced, the percentage depletion rate was 27.5% for oil and gas.
Currently, percentage depletion is allowed for independent producers at a rate of 15% for oil and gas and 10% for coal.
Percentage depletion is allowed on production up to 1,000 barrels of average daily production of oil (or its equivalent
for natural gas). The depletion allowance cannot exceed 100% of taxable income from the property (50% for coal) or
65% of the producers taxable income from all sources.
10
The federal “gas guzzler” tax was introduced under the Energy Tax Act of 1978 (ETA78; P.L. 95-618). This tax
imposes an excise tax on automobiles with low fuel economy ratings.
11
The windfall profit tax (WPT80) was enacted in 1980 under the Crude Oil Windfall Profit Tax Act (P.L. 96-223).
The windfall profit tax was an excise tax imposed on domestically produced crude oil. This tax was repealed in 1988.
12
The environmental excise tax on crude oil received at a U.S. refinery was enacted under the Comprehensive,
Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), also known as the “Superfund”
program, was designed to charge oil refineries for the cost of releasing any hazardous materials that resulted from the
(continued...)
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implemented to promote energy efficiency and incentivize alcohol and unconventional fuels.
Most of these new tax subsidies were introduced as part of the Energy Tax Act of 1978 (ETA78,
P.L. 95-618). The Windfall Profit Tax Act of 1980 (WPT80; P.L. 96-223) also introduced a
number of provisions that had the effect of either discouraging fossil fuel production or
promoting unconventional (synthetic) or renewable fuels. In spite of these policy shifts, the
majority of revenue losses associated with energy tax provisions served to benefit the oil and gas
industry well into the 1980s.
Provisions Introduced Under the Energy Tax Act of 1978 and the
Windfall Profit Tax Act of 1980
Energy Tax Act of 1978 (ETA78)
•
Residential Energy Credits: Homeowners were eligible to receive tax credits for installing energy efficiency
property (such as insulation and weatherization components). Residential installations of solar, wind, and
geothermal energy equipment were also eligible for tax credits.
•
Transportation: A gas guzzler tax was imposed on a manufacturer’s sale of automobiles that had a miles per gallon
(mpg) rating below specified fuel economy standards.
•
Tax Subsidies for Alcohol Fuels: Gasohol (a blend of gasoline and ethanol) became eligible to receive a partial excise
tax exemption.
•
Business Energy Tax Credits: Businesses were eligible to receive tax credits for investments in energy efficiency,
renewable energy, or alcohol fuels property.
•
Percentage Depletion for Geothermal: Expanded the option to expense intangible drilling and development costs for
geothermal deposits.
Windfall Profit Tax Act of 1980 (WPT80)
•
Windfall Profit Tax: The windfall profit tax was an excise tax on domestically produced crude oil.
•
Alternative (Unconventional) Fuel Production Credit: Provided a credit to promote the domestic production of energy
from unconventional fuel sources. Qualifying fuels included oil produced from shale or tar sands, gas produced
from geopressurized brine, Devonian shale, tight formations, or coalbed methane, gas from biomass, and
synthetic fuels from coal.
•
Tax-Exempt Interest on Industrial Development Bonds (IDBs): State and local electric utilities could issue tax-exempt
bonds for the development of facilities producing fuel from solid waste.
Since the 1970s, policymakers have continued to provide incentives for the development of both
conventional and renewable forms of energy. In recent years, the policy focus has shifted more
towards incentives for renewables. Policymakers have also continued to focus on providing
incentives for energy efficient technologies in many different sectors. The residential energy
efficiency tax credits, which were allowed to expire in the 1980s, were reenacted. A number of
incentives for energy efficiency in commercial, industrial, and transportation sectors have been
reinstated, expanded, or introduced.
(...continued)
refining of crude oil. This tax expired at the end of 1995. For more information see CRS Report R41039,
Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup
Authorities and Related Provisions of the Act, by (name redacted).
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Energy Tax Policy in the 1980s: The “Free-Market” Approach
The Reagan Administration sought to pursue what was believed to be a more neutral and less
distortionary energy tax policy.13 As such, the Administration opposed using tax law to promote
oil and gas development, energy efficiency, renewable energy sources, or unconventional or
renewable fuels. It was believed that high oil prices alone would be enough to spur the
economically efficient level of investment in unconventional or renewable energy sources.
Congress, in being consistent with the free market approach, allowed a number of the energy tax
provisions enacted under the ETA78 to expire. Most business energy tax credits were allowed to
expire in 1982 as scheduled. The residential energy tax credits were allowed to expire at the end
of 1985 as scheduled. Of the ETA78 energy tax provisions scheduled to expire, only the tax credit
for energy property (solar, geothermal, ocean geothermal, and biomass) was extended. Toward
the end of President Reagan’s second term, in 1988, following a massive decline in oil prices, the
windfall profit tax (enacted under the WPT80) was repealed.
While the Reagan Administration did successfully reduce the number of energy tax provisions,
the Administration did not accomplish all of their stated goals. Specifically, the primary tax
incentives for oil and gas (expensing of IDCs and percentage depletion) were not eliminated,
although they were scaled back as part of the Tax Reform Act of 1986 (TRA; P.L. 99-514).
In addition to a reduction in the number of favorable energy tax provisions, revenue losses
associated with energy tax provisions fell during the 1980s due to relatively low energy prices.
Low oil and gas prices during the late 1980s reduced investment. Consequently, revenue losses
associated with tax provisions designed to promote investment in oil and gas declined.
Energy Tax Policy in the 1990s
In the post-Reagan era, energy tax policy again followed a more interventionist course. A number
of provisions were enacted to promote energy production from renewable sources, alcohol fuels,
and unconventional fuels. In addition, favorable tax provisions continued to be extended to the oil
and gas industry.
The first major tax policies enacted under President George H. W. Bush were contained in the
revenue provisions of the Omnibus Budget Reconciliation Act of 1990 (OBRA90; P.L. 101-508).
First, the act increased the gasoline tax by 5¢ per gallon while also doubling the gas-guzzler tax.
Second, the act introduced a 10% tax credit for enhanced oil recovery expenditures, liberalized
some of the restrictions on the percentage depletion provision, and reduced the effect of the
alternative minimum tax (AMT) on oil and gas investments. Third, the act expanded the
unconventional fuel production credit and introduced a tax credit for small ethanol producers.
The Energy Policy Act of 1992 (P.L. 102-486) included a number of energy tax provisions. The
tax credit for energy produced using renewable resources was established under this act. The
13
Tax policy can be distortionary when firms and individuals change their behavior to avoid paying taxes or to take
advantage of subsidies. Taxes distort markets to the extent that price signals are altered, leading to too much (or too
little) production or consumption. When consumers and producers are more responsive to price changes, price changes
resulting from taxes lead to larger market distortions. Not all distortions are bad, as those that correct for externalities,
such as taxes on polluting activities, may improve market outcomes.
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renewable energy production tax credit (PTC) (IRC §45) was only available for electricity
generated using wind or closed-loop biomass systems. 14 The act also included a number of other
energy tax provisions, including an income tax deduction for the costs of clean-fuel powered
vehicles, liberalization of the alcohol fuels tax credit, another expansion of the unconventional
fuel production credit, and further liberalization of the favorable tax provisions for oil and gas.
The Tax Relief and Extension Act, enacted as Title V of the Ticket to Work and Work Incentives
Improvement Act of 1999 (P.L. 106-170), extended and liberalized the production tax credit,
while also extending liberalizations regarding the percentage depletion provision for oil and gas.
In 1993, President Clinton proposed a differential British thermal unit (Btu) tax on fossil fuels,15
which was ultimately dropped in favor of an excise tax increase on motor fuels. The Omnibus
Budget Reconciliation Act of 1993 (OBRA93; P.L. 103-66) contained a 4.3¢ per gallon increase
in the motor fuel excise tax. The revenues were allocated for deficit reduction rather than to the
highway or other trust funds.
The late 1990s were characterized by low crude oil prices, which hurt oil producers and
encouraged consumption. Additionally, with oil prices at record lows, there was little economic
incentive to invest in energy efficiency, renewable energy, or renewable fuels.
Energy Tax Policy in the 2000s: A Renewed Interest in Renewables
Rising oil prices in the early 2000s led to a push for comprehensive energy legislation in the 107th
and 108th Congresses. While comprehensive energy legislation was debated and otherwise stalled,
energy tax policy goals were pursued through smaller provisions in tax relief and jobs bills. The
Working Families Tax Relief Act of 2004 (P.L. 108-311) retroactively extended four energy tax
subsidies that had been allowed to expire. These included (1) the tax credit for energy produced
using renewable resources (PTC), (2) the suspension of the 100% net income limitation for the oil
and gas percentage depletion allowance, (3) the tax credit for electric vehicles, and (4) the
deduction for clean fuel vehicles. The American Jobs Creation Act of 2004 (P.L. 108-357) also
included tax credits for alcohol fuels and biodiesel. Additionally, the act increased the number of
technologies that were eligible for the renewable energy production tax credit. 16
The Energy Policy Act of 2005 (EPACT05; P.L. 109-58) was the culmination of efforts for
comprehensive energy legislation that began in 2001. (See the shaded text-box below for a listing
and brief explanation of the energy tax provisions of EPACT05.) Spurred by rising energy prices
and growing dependence on foreign oil, the law was shaped by competing concerns about energy
security, environmental quality, and economic growth. Included in EPACT05 were a number of
tax provisions related to energy infrastructure, domestic fossil fuels, energy efficiency, clean
motor vehicles and fuels, among others.
EPACT05 was responsible for substantially increasing energy tax subsidies, both in terms of the
number of provisions and amount of federal revenue losses. At the end of the 1990s, there were
11 energy tax expenditure programs listed in the President’s Budget. The 2007 budget listed 38
14
The PTC was later expanded to include additional renewable energy sources, including geothermal, solar, open-loop
biomass, small irrigation power, landfill gas, and municipal solid waste.
15
This tax would be a broad-based general tax primarily on oil, gas, and coal based on the Btu of heat output.
16
Specifically, open-loop biomass, geothermal energy, solar energy, small irrigation power, landfill gas, and municipal
solid waste combustion were added to the list of eligible technologies.
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energy tax expenditure programs.17 The provisions enacted or modified under EPACT05 can be
classified as those related to electricity infrastructure, domestic fossil fuels, energy efficiency, and
clean motor vehicles and fuels.
Energy Tax Subsidies in the Energy Policy Act of 2005 (EPACT05)18
Electricity Infrastructure
Extension and Modification of the Tax Credit for Renewable Electricity Production and Allow Pass-Through for Agricultural
Cooperatives: The placed in service deadline was extended and the credit period was extended (to 10 years). Solar and
refined coal were removed from the list of eligible property while hydropower and Indian coal were added. Allows
eligible cooperatives to pass through the investment tax credit to patrons.
Clean Renewable Energy Bonds: Tax credit bonds were established to finance investment in clean renewable energy
projects.
Treatment of Income of Certain Electrical Cooperatives: Extends provisions allowing electric cooperatives to treat certain
income as member income.
Disposition of Transmission Property to Implement FERC Restructuring Policy: Special capital gains treatment of gains on the
sale of certain electric transmission property extended.
Credit for Production from Advanced Nuclear Power Facilities: Credit is provided for energy produced at an advanced
nuclear power facility.
Credit for Investment in Clean Coal Facilities: Investment credits established for investments in advanced coal and
qualified coal gasification projects.
Electric Transmission Property Treated as 15-Year Property: Depreciable property used in the transmission of electricity
for sale is classified as 15-year property under the Modified Accelerated Cost Recovery System (MACRS).
Expansion of Amortization for Certain Atmospheric Pollution Control Facilities: Certified air pollution control facilities used
in connection with a coal-fired electric plant for plants in-service after January 1, 1976, qualify for 84-month
amortization.
Modification to Special Rules for Nuclear Decommissioning Costs: Repeals the cost of service requirement for deductible
contributions to a nuclear decommissioning fund and other limitations.
Five-Year NOL Carryback for Certain Electric Utility Companies: Certain electric companies are allowed to extend the Net
Operating Loss (NOL) carryback period to five years.
Domestic Fossil Fuel Security
Extension of Credit for Producing Fuel from a Nonconventional Source for Facilities Producing Coke or Coke Gas: Production
credit extended to facilities producing coke or coke gas.
Modification of Credit for Producing Fuel from a Nonconventional Source (Alternative Fuel Production Credit): The §29 credit is
moved to become part of the general business credit, subjecting it to general business credit limitations.
Temporary Expensing for Equipment Used in Refining Liquid Fuels: Refineries are allowed to elect to expense 50% of the
cost of qualified refinery property without limitation.
Pass Through Low Sulfur Diesel Expensing to Cooperative Owners: Allows cooperatives to pass through to stakeholders
the immediate deduction (expensing) of capital costs incurred in complying with EPA sulfur regulations.
17
Energy Information Administration, Federal Financial Interventions and Subsidies in Energy Markets 2007, U.S.
Department of Energy, Washington, DC, April 2008.
18
For a full explanation of the Energy Policy Act of 2005 see U.S. Congress, Joint Committee on Taxation, General
Explanation of Tax Legislation Enacted in the 109th Congress, committee print, prepared by Joint Committee on
Taxation, 109th Cong., January 17, 2007, JCS-1-00.
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Natural Gas Pipelines Treated as 15-Year Property: Depreciable natural gas distribution lines given a 15-year recovery
period under MACRS.
Natural Gas Gathering Lines Treated as Seven-Year Property: Natural gas gathering lines given a seven-year recovery
period under MACRS.
Arbitrage Rules Not to Apply to Prepayments for Natural Gas: A safe harbor exception to the general rule that tax-exempt
bond-financed prepayments violate arbitrage restrictions is established.
Determination of Small Refiner Exception to Oil Depletion Deduction: Increased the production limit such that larger
producers, those with average daily refining of up to 75,000 barrels, can claim percentage depletion.
Amortization of Geological and Geophysical Expenditures: Geological and geophysical expenses paid or incurred in
connection with domestic exploration for, or development of, oil and gas can be amortized over two years.
Energy Efficiency Provisions
Energy Efficient Commercial Buildings Deduction: A deduction is made available for taxpayer expenditures on energyefficient property, including expenditures on energy-efficient lighting, heating, cooling, ventilation, hot water systems,
or the building envelope, for commercial buildings.
Credit for Construction of New Energy Efficient Homes: Credit available to contractors for the construction of energyefficient new homes.
Credit for Energy Efficient Improvements to Existing Homes (Credit for Nonbusiness Energy Property): Credit is made
available to homeowners who install qualified energy-efficient property, including furnaces, boilers, windows, doors,
insulation, or roofs, in existing homes.
Credit for Energy Efficient Appliances: Credit created for the production of energy-efficient dishwashers, clothes
washers, and refrigerators.
Credit for Residential Energy Efficient Property: Individual tax credit for the purchase of solar electric, solar water heating,
and qualified fuel cell property.
Credit for Business Installation of Qualified Fuel Cells and Stationary Microturbine Power Plants: Businesses eligible for tax
credit for the installation of qualified fuel cell or qualified microturbine property.
Business Solar Investment Tax Credit: Increased credit rate to 30% for businesses investing in solar energy property.
Clean Motor Vehicle and Fuel Incentives
Alternative Motor Vehicle Credit: Provides an individual tax credit for new qualified fuel cell vehicles, new qualified
advanced lean burn technology motor vehicles, new qualified hybrid motor vehicles, and new qualified alternative fuel
motor vehicles.
Credit for the Installation of Alternative Fueling Stations: Businesses or individuals installing alternative fueling station
property qualify for a tax credit.
Reduced Motor Fuel Excise Tax on Certain Mixtures of Diesel Fuel: Reduction of motor fuel excise tax for qualified
mixtures of diesel-water fuel emulsion.
Extension of Excise Tax Provisions and Income Tax Credits for Biodiesel and Create Similar Incentives for Renewable Diesel:
Extends existing income tax and excise tax credits as well as payment provisions for biodiesel. Extends tax credits
available for biodiesel to renewable diesel (diesel derived from biomass).
Small Agri-Biodiesel Producer Credit and Modify Small Ethanol Producer Credit: Adds small agri-biodiesel producers to list of
those eligible for biodiesel fuel credits. Raises the maximum production capacity for a small ethanol producer to 60
million gallons.
Additional Energy Tax Incentives
Expansion of Research Credit: Qualified energy research expenditures become eligible for the research credit.
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Energy Tax Expenditures: Current Status and Historical Perspectives
The energy tax provisions contained within EPACT05 attempted to enhance domestic energy
production and increase energy efficiency. The electricity infrastructure provisions included
electricity generation incentives as well as those designed to facilitate the restructuring of the
electric utility industry. Electricity market conditions (spiking prices, supply shortfalls, and
transmission bottlenecks) led to the belief that incentives for investment in electricity generation
and transmission were needed. Many of the domestic fossil fuel incentives were based on
proposals that had been made in response to the low oil prices of the late 1990s. While oil prices
had increased by 2005, EPACT05 still included a number of spending, tax, and deregulatory
incentives to stimulate the production of oil and gas. The energy efficiency provisions of
EPACT05 represented an effort to reduce energy consumption. EPACT05 reestablished some of
the residential and business energy efficiency credits that had been allowed to expire in the 1980s
as well as introduced a number of other energy efficiency incentives. Recognizing that
transportation is the nation’s largest energy consuming sector, EPACT05 expanded incentives for
alcohol fuels and clean motor vehicles.
Following EPACT05, additional incremental changes to energy tax policy were made in
subsequent legislation. Provisions in the Tax Increase Prevention and Reconciliation Act (P.L.
109-222) reduced tax subsidies to oil and gas, while the Tax Relief and Health Care Act of 2006
(P.L. 109-432) extended a number of renewable energy provisions that were set to expire. The
Food, Conservation, and Energy Act of 2008 (P.L. 110-234), otherwise referred to as the 2008
Farm Bill, contained a provision to promote cellulosic ethanol through a blenders credit.
The 2008 and 2009 stimulus bills expanded and extended energy tax incentives for renewables
and efficiency. The Emergency Economic Stabilization Act of 2008 (EESA; P.L. 110-343)
contained a number of energy tax provisions, primarily ones that extended existing provisions.
The majority of the extended tax breaks went to promote renewable energy production, encourage
energy efficiency, or provide incentives for alcohol fuels and clean motor vehicles. The cost of
the energy tax extenders legislation in the Emergency Economic Stabilization Act of 2008 was
fully financed, or paid for, by raising taxes on the oil and gas industry (mostly by reducing oil and
gas tax breaks) and by other tax increases.
From the perspective of energy tax policy, the American Recovery and Reinvestment Act of 2009
(ARRA; P.L. 111-5) modified incentives for renewable energy production, energy efficiency,
clean motor vehicles, as well as a number of other energy tax incentives.19 Like EESA, most of
ARRA focused on modifying and extending previously enacted energy tax provisions promoting
renewables, efficiency, and alternative technology vehicles. ARRA’s Section 1603 grants for
renewables, discussed in greater detail below, substantially changed federal incentives for
renewable energy by converting the previously available tax credits into direct cash payments.
ARRA also provided tax incentives for advanced energy manufacturing that were not previously
available.
A number of energy tax provisions were scheduled to expire at the end of 2010, including the
Section 1603 grants in lieu of tax credits program, the excise tax credits for alcohol fuels, and the
tax credits for energy efficiency improvements to existing homes. Under the Tax Relief,
Unemployment Reauthorization, and Job Creation Act of 2010 (P.L. 111-312), the Section 1603
19
For more information see CRS Report R40999, Energy Tax Policy: Issues in the 111th Congress, by (name red
acted) and (name redacted), and CRS Report R40412,
Energy Provisions in the American Recovery and
Reinvestment Act of 2009 (P.L. 111-5), coordinated by (name redacted).
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Energy Tax Expenditures: Current Status and Historical Perspectives
grant program and the tax credits for alcohol fuels were extended for one year, through 2011. The
tax credits for energy efficiency improvements to existing homes were also extended, but at a
reduced rate.20 The tax credits for advanced energy manufacturing were not extended in P.L. 111312.
Economic Rationale for Intervention in
Energy Markets21
The primary economic justification for intervening in energy markets via the tax code is to
address market failures. When market failures are present, resources are not efficiently allocated.
Market failures can result from the presence of externalities, the existence of principal-agent
problems or informational inefficiencies, or from a failure to adequately address national security
concerns. The following paragraphs elaborate on these concepts in the context of energy taxation.
Both the production and consumption of energy often generate negative externalities. 22 For
example, burning fossil fuels contributes to air pollution and generates greenhouse gasses. When
an activity generates a negative externality, imposing a tax on the activity can improve economic
efficiency. For example, driving gasoline powered motor vehicles may impose negative
externalities due to polluting emissions as well as increased highway congestion. Imposing a tax
equal in value to the monetary value of the driving-induced environmental and congestion
damages reduces the equilibrium quantity of driving. By imposing a tax, potential drivers face a
price of driving that is equal to the social marginal cost associated with driving. With a tax, an
individual’s choices regarding driving are based on their own costs as well as the external costs
driving imposes on society.
As an alternative, policymakers often subsidize a substitute activity, one that is associated with
fewer negative externalities. Following the example above, policymakers may choose to
subsidize public transportation, reducing the price of public transportation relative to driving.
Currently, there are a number of subsidies available for renewable energy production and
technologies. While taxing activities associated with negative externalities may enhance
economic efficiency, subsidizing the alternative activity is not necessarily economically efficient.
Subsidizing renewable energy, in this context, reduces the average price of energy, which
increases demand and ultimately consumption. Subsidies for renewable energy, by decreasing the
average price of energy, work against initiatives for energy efficiency. 23 Further, the government
20
For additional background, and information on energy tax provisions scheduled to expire at the end of 2011, see CRS
Report R41769, Energy Tax Policy: Issues in the 112th Congress, by (name redacted) and (name redacted)
.
21
A more thorough discussion of the economic rationale for intervention in energy markets can be found in CRS
Report R41769, Energy Tax Policy: Issues in the 112th Congress, by (name redacted) and (name redacted)
.
22
An externality is a spillover from an economic transaction to a third party, one not directly involved in the
transaction itself. When externalities are present, markets fail to establish energy prices equal to the social marginal
cost of supply. The result is a system where cost and/or price signals are inaccurate, such that the socially optimal level
of output, or allocative efficiency, is not achieved. Imposing a tax (subsidy) equal to the value of costs (benefits)
associated with the externality enhances economic efficiency.
23
Gilbert E. Metcalf, “Using Tax Expenditures to Achieve Energy Policy Goals,” American Economic Review, vol. 98,
no. 2 (2008), pp. 90-94.
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Energy Tax Expenditures: Current Status and Historical Perspectives
must raise revenue to finance these subsidies. Such revenues may be raised using distortionary
taxes.24
Intervention in energy markets has also been justified in the presence of principal-agent problems.
Principal-agent problems occur when the ultimate consumer of energy does not make equipment
purchasing decisions. For example, with rental property, landlords choose what appliances to
install while tenants are often responsible for paying utility bills. Landlords may be unwilling to
pay higher prices for energy-efficient appliances when the savings will ultimately accrue to
tenants. Tax policies that reduce the cost of energy-efficient appliances tend to increase energyefficient installations. Existing tax policies, however, do not directly aim to ameliorate the underinstallation of energy-efficient property in markets that likely suffer from principal-agent
problems (current energy tax incentives are not targeted toward markets susceptible to principalagent problems, such as rental housing).
Informational problems and a variety of other market barriers may also be used to justify
government intervention in energy markets. For example, homeowners may not know the precise
payback or rate of return of a specific energy-efficient device. This may explain the so-called
“energy paradox”—the empirical observation that consumers require an abnormally high rate of
return to undertake energy-efficiency investments.25 High initial first costs of energy-efficiency
investments are also often cited as a barrier to investment in energy efficiency.26 When
externalities lead to an inefficient use of energy resources, tax policy may effectively address the
inefficiency. It is less clear that tax policy will effectively address the inefficiency when
informational problems or other barriers prevent an efficient allocation of energy resources.
While tax subsidies can be used to reduce the cost of investing in energy-efficient property,
informational programs or consumer lending programs may also be effective at encouraging
investments in energy-efficiency.
Preserving national security is another often-cited rationale for intervention in energy markets.
Presently, much of the petroleum consumed in the United States is derived from foreign sources.27
There are potentially a number of external costs associated with petroleum importation, especially
when imported from unstable countries and regions. First, a high level of reliance on imported oil
may contribute to a weakened system of national defense or contribute to military vulnerability in
the event of an oil embargo or other supply disruption. Second, there are costs to allocating more
resources to national defense than otherwise necessary when relying on high levels of imported
oil. 28 Specifically, there is an opportunity cost associated with resources allocated to national
defense, as such resources are not available for other domestic policy initiatives and programs. To
24
Distortionary taxes are those that lead firms or consumers to change their behavior. For example, if a tax on income
is used to fund public transportation subsidies, this could lead to a reduction in income-generating activities, reducing
economic output.
25
Ibid., pp. 90-94.
26
See CRS Report R40670, Energy Efficiency in Buildings: Critical Barriers and Congressional Policy, by (name re
dacted), (name redacted), and (name redacted).
27
In 2008, 57% of the petroleum consumed in the United States came from foreign sources. Of the imported petroleum,
45% came from the western hemisphere, 22% from Africa, 21% from the Persian Gulf, and 12% from other locations.
U.S. Energy Information Administration, available at http://tonto.eia.doe.gov/energyexplained/index.cfm?page=
oil_imports.
28
For a review of the literature on the cost to the U.S. government of security related to foreign oil, see Keith Crane,
Andreas Goldthau, and Michael Toman, et al., Imported Oil and U.S. National Security (Arlington , VA: RAND
Corporation, 2009), pp. 59-74.
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Energy Tax Expenditures: Current Status and Historical Perspectives
the extent that petroleum importers fail to take these external costs into account, there is market
failure. While imposing a tax on imported oil would theoretically correct for this externality, in
practice such a tax would likely violate trade agreements. Instead, policymakers have historically
subsidized domestic oil and gas production.
The economic well-being and economic security of the nation depends on having stable energy
sources. There are national economic costs associated with unstable energy supplies, such as
increasing unemployment and inflation that may follow oil price spikes. While domestic
production subsidies for oil and gas may reduce the cost of producing, such subsidies are unlikely
to materially change consumer prices. Oil as a commodity is priced on world markets, and so
long as the United States remains an open economy it will be affected by world oil price
fluctuations. Even if the United States produces all the energy consumed domestically, world oil
price fluctuations will impact the prices of other imported goods.
Energy Tax Expenditures
The Congressional Budget and Impoundment Act of 1974 (the Budget Act; P.L. 93-344) defines
tax expenditures as “revenue losses attributable to provisions of the federal tax laws which allow
a special exclusion, exemption, or deduction from gross income or which provide a special credit,
a preferential rate of tax, or a deferral of tax liability.” Both the Treasury Department and the
Joint Committee on Taxation (JCT) provide annual tax expenditure estimates. The Treasury’s list
is included in the President’s annual budget submission.29 The JCT issues annual tax expenditure
estimates as a stand-alone product.
Tax provisions that reduce excise tax revenues are technically not considered tax expenditures
under the Budget Act.30 Tax provisions are only considered to have tax expenditure impacts if
they lead to a reduction in corporate or personal income tax receipts. Consequently, excise tax
credits are not considered tax expenditures. Even though excise tax credits or rate reductions are
not technically considered tax expenditures, provisions that provide exemptions from, or credits
against, excise taxes still reduce taxpayers’ aggregate tax liability and lead to federal revenue
losses. Grants paid by the Treasury are also not tax expenditures, as grants involve direct federal
outlays rather than revenue losses attributable to reduced tax receipts.
Figure 1 illustrates the broader trend in tax expenditures from 1977 through 2010 as well as the
trend in energy tax expenditures.31 The solid line depicts revenue losses arising from tax
expenditures as a percentage of GDP. Between 1977 and 1987 revenue losses associated with tax
expenditures increased from less than 6% of GDP to nearly 10% of GDP. By reducing tax rates,
eliminating and scaling back various tax expenditures, and generally broadening the tax base, the
Tax Reform Act of 1986 (TRA86; P.L. 99-514) reduced revenue losses associated with tax
29
For information regarding the differences in the tax expenditures provided by the Treasury and those provided by the
JCT, and information on tax expenditures generally, see CRS Report RL33641, Tax Expenditures: Trends and
Critiques, by (name redacted).
30
An excise tax is generally levied on the production or sale of a specific good. Examples of excise taxes include those
imposed on gasoline, tobacco, and alcohol.
31
Tax expenditure estimates are taken from the annual JCT reports on tax expenditures. Since the JCT generally
updates its tax expenditure estimates annually, annual estimates rather than five-year or 10-year estimates are used to
generate the figures presented here.
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Energy Tax Expenditures: Current Status and Historical Perspectives
expenditures. By 1989 revenue losses associated with tax expenditures were again less than 6%
of GDP.
Since the end of the 1980s, revenue losses associated with tax expenditures as a percentage of
GDP have trended upward. The increase in revenue losses associated with tax expenditures
partially reflects rising incomes during periods of economic expansion, but it is also the result of
the introduction of new tax expenditures or the expansion of existing tax expenditure
provisions.32
Figure 1. Energy and Tax Expenditures: 1977 - 2010
10.00
Percentage
8.00
6.00
4.00
2.00
2009
2007
2005
2003
2001
1999
1997
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
0.00
Year
Energy as % of Total Tax Expenditures
Tax Expenditures as % GDP
Source: CRS calculations using data from the Joint Committee on Taxation (JCT) and the Office of Management
and Budget (OMB).
The dashed line in Figure 1 depicts revenue losses associated with energy-related tax
expenditures as a percentage of total tax expenditures. While tax expenditures as a percentage of
GDP were high in relative terms in the late 1970s into the early 1980s, energy tax expenditures
relative to total tax expenditures were also relatively high. In 1982, revenue losses from energy
tax expenditures as a percentage of total tax expenditures exceeded 3%. By the end of the 1980s,
revenue losses from energy tax expenditures as a percentage of total tax expenditures dropped to
less than one-third of one percent (0.3%). Energy tax expenditures as a percentage of total tax
expenditures have remained below 1% in all years except 2009 (energy tax expenditures as a
32
Rising incomes lead to an increase in the revenue losses associated with tax expenditures as individuals fall into
higher income brackets and have a higher tax liability, making the value of deductions greater to the individual (more
expensive in terms of revenue losses) and increasing the scope for claiming federal tax credits.
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Energy Tax Expenditures: Current Status and Historical Perspectives
percentage of total tax expenditures were estimated to be 1.1% in 2009). The reduced importance
of energy tax expenditures may be reflective of a policy preference in which tax policy is not the
preferred mechanism for achieving energy policy goals. In addition to tax incentives, there are a
number of federal grants and energy-related mandates designed to achieve federal energy goals.33
For example, ARRA’s Section 1603 grant in lieu of tax credit program converted some of the
federal support for renewable energy into a grant program not delivered directly through the tax
code.
A Cautionary Note: The Non-Additive Nature of Tax Expenditures
Technically, tax expenditures cannot be simply summed to estimate the aggregate revenue loss
because of interaction effects. When the revenue losses associated with various tax provisions are
estimated, the estimates are made assuming that there are no changes in other provisions or in
taxpayer behavior. Consequently, aggregate tax expenditure estimates, derived from summing the
estimated revenue effects of individual tax expenditure provisions, are unlikely to reflect the
actual change in federal receipts associated with removing various tax provisions.
While a summation of tax expenditure revenue loss estimates may not be technically accurate, the
analysis presented here likely provides a useful approximation of the general trend in energy tax
expenditures. It is unknown whether the summing of individual tax expenditure provisions
understates or overstates actual revenue losses associated with tax expenditures. 34 Furthermore,
since many tax expenditure provisions remain in the tax code minimally changed for long periods
of time, the bias from summing tax expenditures remains approximately the same from year to
year. Even if the summation of tax expenditures is not believed to represent accurate levels of
revenue loss, the examination of trends is still highly useful.
A Closer Look at Energy Tax Expenditures
Figure 2 illustrates trends in energy tax expenditures in current dollars from 1977 through 2010.
Figure 3 presents energy tax expenditures using inflation-adjusted dollars. Through the 1970s
and most of the 1980s the majority of tax expenditures benefited the oil and gas industry through
the expensing of IDCs and percentage depletion provisions. In 1977, before the enactment of the
ETA78, annual revenue losses of the expensing of IDCs and percentage depletion provisions to
the oil and gas industry were more than $2 billion ($6 billion in 2010 dollars).
33
Currently, mandates exist for renewable fuels and the federal government has considered mandates for renewable
electricity. A full evaluation of non-tax energy policy programs is beyond the scope of this report.
34
For details regarding why it is unknown whether a summation of individual tax provisions understates or overstates
the federal revenue effect see CRS Report RL33641, Tax Expenditures: Trends and Critiques, by (name reda
cted).
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Energy Tax Expenditures: Current Status and Historical Perspectives
Figure 2. Energy Tax Expenditures: Current Dollars
(1977 – 2010)
Billions of Current Dollars
16
12
8
4
2009
2007
2005
2003
2001
1999
1997
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
0
Other
Residential energy efficiency tax credits
Income tax credits for alcohol fuels and biodiesel
Tax credit for electricity produced from renewable resources
Unconventional fuel production credit
Expensing of exploration and development costs and percentage over cost depletion: oil and gas
Source: CRS calculations using JCT tax expenditure estimates.
Notes: This figure does not include excise tax incentives or Section 1603 grants in lieu of tax credits.
CRS-15
Energy Tax Expenditures: Current Status and Historical Perspectives
Figure 3. Energy Tax Expenditures: Inflation-Adjusted Dollars
(1977 – 2010)
Billions of 2010 Dollars
16.0
12.0
8.0
4.0
2009
2007
2005
2003
2001
1999
1997
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
0.0
Other
Residential energy efficiency tax credits
Income tax credits for alcohol fuels and biodiesel
Tax credit for electricity produced from renewable resources
Unconventional fuel production credit
Expensing of exploration and development costs and percentage over cost depletion: oil and gas
Source: CRS calculations using JCT tax expenditure estimates and data from the OMB.
Notes: Values were adjusted to 2010 dollars using the OMB’s GDP price index. This figure does not include excise tax incentives or Section 1603 grants in lieu of tax
credits.
CRS-16
Energy Tax Expenditures: Current Status and Historical Perspectives
While the ETA78 and WPT80 enacted energy tax provisions to encourage efficiency and
unconventional and renewable fuels, the majority of energy tax expenditures continued to result
from the expensing of IDCs and percentage depletion provisions for oil and gas. In 1981, these
two oil and gas tax provisions resulted in revenue losses of $4.9 billion while the residential
energy efficiency credits resulted in revenue losses of $0.5 billion ($10.5 billion and $1.2 billion
in 2010 dollars, respectively). The majority of the $1.2 billion for “other” energy tax expenditures
were attributable to the expensing of IDCs and percentage depletion provisions for fuels other
than gas and the energy credit for investment in renewable energy production.
Expensing of IDCs and Percentage Depletion for Oil and Gas
While a number of energy tax incentives were allowed to expire under the Reagan
Administration, the most striking change in energy tax expenditures came toward the end of the
1980s. By 1988, energy tax expenditures were only $0.6 billion ($1 billion in 2010 dollars). Part
of the reason for this relatively low estimate for revenue losses is the negative tax expenditure
estimate ($-0.6 billion) associated with the expensing of IDCs for oil and gas. While the tax
incentives for oil and gas were scaled back under the TRA in 1986, external market forces,
specifically low oil prices, were also responsible for the reduction in energy tax expenditures
during the late 1980s that persisted into the 1990s.
The tax expenditure estimate for the expensing of IDCs provision can be negative—indicating an
increase in federal revenues rather than a loss—since the provision represents a tax deferral,
essentially an interest free loan from the government. Government revenue losses from the
expensing of IDCs are incurred when an investment is made, as the costs are expensed in the first
year. Over the next four years, however, there is an offsetting gain for the government, as no
further deductions on investments can be made. When investments are growing, the additional
amount deducted via expensing exceeds the offsetting gains from reduced cost depletions, and the
government faces revenue losses. Investments in oil and gas fell off following the collapse of oil
prices in 1986. In 1988 and 1989, the tax expenditure estimates for the expensing of IDCs
provision were negative, indicating an increase in federal revenues. Throughout the 1990s and
into the 2000s, the estimated revenue losses associated with this provision remained relatively
small.
Unconventional Fuels Tax Credit
Throughout the 1990s, growth in energy tax expenditures was primarily driven by the
unconventional fuel production credit (IRC § 29). In 1990, the two major oil and gas provisions,
expensing of IDCs and percentage depletion, accounted for $0.4 billion in tax expenditures ($0.6
billion in 2010 dollars) while the remaining $0.6 billion ($0.9 billion in 2010 dollars) in revenue
losses was attributable to a variety of other provisions, some for renewable energy and others for
fossil fuel energy sources. By 1999, estimated revenue losses from expensing of IDCs and
percentage depletion for oil and gas was $0.9 billion while the estimated revenue losses from the
unconventional fuel production credit were $1.3 billion ($1.1 and $1.7 billion in 2010 dollars,
respectively). Between 1990 and 1999, total energy tax expenditures had increased from $1
billion to $2.8 billion ($1.5 to $3.6 billion in 2010 dollars).
While the unconventional fuel production tax credit was initially enacted as part of the WPT80,
the early revenue losses associated with the provision were low. The goal of the unconventional
fuel production tax credit was to stimulate the production of synthetic fuels using domestic
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deposits of oil, gas, and coal. Even in the face of the high oil prices of the late 1970s and early
1980s, there was little production of unconventional fuels. By the late 1980s and into the early
1990s, producers of unconventional gases, such as coal bed methane and tight sands gas, had
begun to claim the credit. The credit was expanded and extended under OBRA in 1990 and again
under the Energy Policy Act of 1992.
The composition of energy tax expenditures remained relatively stable throughout the late 1990s
and early 2000s. By 2005, significant changes in the composition of revenue losses attributable to
energy tax expenditures began to emerge. As provisions enacted under EPACT05 in 2005 went
into effect, revenue losses associated with energy tax provisions increased. The provision
primarily responsible for increasing energy tax expenditures in the years immediately after 2005
was the unconventional fuel production credit. In 2004, revenue losses associated with the
unconventional fuel production credit were an estimated $0.6 billion. By 2007, revenue losses
associated with the provision had increased more than seven-fold to $4.5 billion.
The unconventional fuels production credit was designed to induce the substitution of coal for oil
and stimulate the development of a new synthetic fuel industry, but ultimately there were
questions as to whether the credit served to benefit its intended recipients. A number of favorable
private letter rulings from the IRS in the late 1990s and early 2000s encouraged an increasing
number of producers to claim the tax credit for synthetic fuels.35 To qualify for the credit for coalbased synthetic fuel, producers had to demonstrate that their process involved a “substantial
chemical change.” Some firms qualifying for this credit were simply spraying newly mined coal
with diesel fuel, pine-tar resin, limestone, acid, or some other substance to induce this chemical
change. By the mid-2000s there was evidence of substantial abuse of the credit. 36 Following
EPACT05, the Section 29 credit was eliminated from the Internal Revenue Code. Non-expired
incentives for unconventional fuels are now claimed as part of the general business credit, under §
45K, and subject to overall limitations.
Renewable Energy Production Tax Credit
Revenue losses associated with the tax credit for electricity produced from renewable resources
also grew relatively rapidly following 2005. While first introduced under the Energy Policy Act
of 1992, revenue losses associated with the provision were negligible until 2005. In 2004, the
American Jobs Creation Act expanded the list of technologies eligible for the credit. The
eligibility of additional technologies, rising oil prices spurring investment in renewables, and a
greater interest in reducing the use of fossil fuels, were all factors likely contributing to additional
claims of the renewable energy production credit. By 2006, 23% ($2.1 billion) of estimated
energy tax expenditures were attributable to the renewable energy production tax credit.
The primary tax incentives for renewable energy were substantially altered with the introduction
of the Section 1603 grants in lieu of tax credits under ARRA.37 Effectively, this provision allows
PTC-eligible projects to instead receive a one-time payment from the Treasury in lieu of tax
35
Martin A. Sullivan, “Multibillion Dollar Coal Credit: Lots of Form, Little Substance,” Tax Notes, October 6, 2003, p.
34-43.
36
Eric Toder, “Eliminating Tax Expenditures with Adverse Environmental Effects,” The Brookings Institution: Policy
Brief, July 2007.
37
For additional background, see CRS Report R41635, ARRA Section 1603 Grants in Lieu of Tax Credits for
Renewable Energy: Overview, Analysis, and Policy Options, by (name redacted) and (name redacted).
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Energy Tax Expenditures: Current Status and Historical Perspectives
benefits. As of March 31, 2011, $6.9 billion had been paid out in Section 1603 grants.38 Under
current law, Section 1603 grants will not be available to projects with a construction start date
after December 31, 2011.
Energy Efficiency Incentives
A number of residential and commercial energy efficiency tax incentives that had been allowed to
expire in the 1980s were reintroduced under EPACT05. Over time, the share of energy tax
expenditures supporting residential energy efficiency has fluctuated. In the early 1980s, tax
expenditures associated with residential energy efficiency exceeded $0.5 billion, and represented
about 9% of all energy-related tax expenditures. In 2007 the revenue losses for residential energy
efficiency, the largest of the efficiency tax provisions enacted under EPACT05, were estimated to
be $0.3 billion, or 3% of all energy tax expenditures. By 2010, estimated revenue losses for
residential energy tax provisions had increased to $1.9 billion, or 22% of all energy tax
expenditures.
The recent increase in the share of energy tax expenditures supporting residential energy
efficiency can be attributed to the increased generosity of these tax credits under ARRA.
Specifically, during 2009 and 2010, certain residential energy efficiency improvements were
eligible for a 30% tax credit, up to $1,500. While the tax credits for residential energy efficiency
improvements were extended through 2011 under the Tax Relief, Unemployment
Reauthorization, and Job Creation Act of 2010 (P.L. 111-312), the credit rate was reduced to 10%
and the credit capped at $500.
Tax Expenditures for Renewable Fuels
The most striking change in the composition of energy tax expenditures in the 2000s is the
dramatic increase in the estimated revenue losses associated with the tax credits for alcohol fuels
and biodiesel. This increase is primarily attributable to “black liquor.” In the context of taxes, the
term “black liquor” currently refers to a process in which pulp mills use a mixture of conventional
fuel (such as diesel fuel) and a byproduct of the pulping process as an energy source for the mill.
Prior to 2010, black liquor qualified for an income tax credit under the alternative fuel mixture
tax credit.39 The intent of this credit was not to provide a tax subsidy for black liquor, but instead
to create incentives for companies producing liquid motor fuels from biomass. When enacted, this
provision was estimated to cost less than $100 million annually. In the first half of 2009, $2.5
billion in tax credits were claimed. 40
In 2009, an estimated 50% of energy tax expenditures were revenue losses associated with tax
credits for alcohol fuels, with the vast majority of these credits going to producers using black
liquor. The alcohol fuel mixture credit was allowed to expire at the end of 2009. The IRS
subsequently ruled that black liquor qualifies for the cellulosic biofuel producer credit, which
does not expire until the end of 2012. Under the Reconciliation Act of 2010 (P.L. 111-152),
38
The Treasury maintains a list of grant recipients. This list is available at http://www.treasury.gov/initiatives/recovery/
Pages/1603.aspx.
39
Black liquor claimed this tax credit under IRC § 6426, which expired at the end of 2009.
40
Martin A. Sullivan, “IRS Allows New $25 Billion Tax Break for Paper Industry,” Tax Notes, October 19, 2009, pp.
271-272.
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Energy Tax Expenditures: Current Status and Historical Perspectives
Congress modified the cellulosic biofuel producer credit such that fuels with significant water,
sediment, or ash content, such as black liquor, were no longer eligible.41 This healthcare reform
pay-for reduced estimated tax expenditures associated with this provision by $23.6 billion over
the 2010 through 2019 budget window.42
Comparing Tax Expenditures for Fossil Fuels, Renewables, and
Efficiency
Figure 4 provides a comparison of the relative magnitude of revenue losses associated with tax
incentives for fossil fuels, renewables, and energy efficiency over time (Appendix A provides
information on how various energy tax provisions are categorized). 43 The data in Figure 4 are
presented in inflation-adjusted dollars.
In the late 1970s, all revenue losses associated with energy tax expenditures provided benefits to
fossil fuels, primarily oil, gas, and coal. Following the enactment of ETA78 and WPT80, revenue
losses associated with tax provisions providing incentives for renewables and efficiency
increased, but remained small relative to revenue losses associated with tax preferences for fossil
fuels (in 1982, revenue losses associated with tax expenditures for renewables and efficiency
were approximately 18% of those associated with tax preferences for fossil fuels). From the late
1980s through the early 2000s, not only were revenue losses associated with energy tax
provisions low relative to previous and current levels, revenue losses associated with renewables
and efficiency also made up a small proportion of total energy tax expenditures.
In the mid-2000s, revenue losses associated with energy tax provisions for renewables increased
rapidly. Revenue losses associated with fossil fuels also increased in the mid-2000s. This increase
was driven by the unconventional fuel production credit. By 2006, revenue losses associated with
renewables were an estimated $2.6 billion (in 2010 dollars) while revenue losses associated with
incentives for fossil fuels were an estimated $6.2 billion (in 2010 dollars). In 2006, the majority
of the revenue losses associated with incentives for renewables were attributable to the renewable
energy PTC.
The large increase in the estimated revenue losses associated with tax incentives for renewables
in 2009 is attributable to “black liquor” under the alcohol fuel mixture tax credit. As noted above,
producers whose production processes rely on black liquor are no longer eligible for the
alternative fuel mixture tax credit or the cellulosic biofuel producer credit.
41
Tax expenditures associated with the cellulosic biofuel producer credit are still expected to increase above historic
levels as the renewable fuel standards (RFS) mandates additional use of cellulosic biofuels in the coming years. For
background information, see CRS Report R40155, Renewable Fuel Standard (RFS): Overview and Issues, by (name
redacted) and (name redacted).
42
U.S. Congress, Joint Committee on Taxation, Technical Explanation of the Revenue Provisions of the
“Reconciliation Act of 2010,” as Amended, in Combination with the “Patient Protection and Affordable Care Act,”
committee print, 111th Cong., March 21, 2010, JCX-18-10, pp. 140-141.
43
The data presented in Figure 4 only include expenditures that could be categorized as benefiting fossil fuels,
renewables, or efficiency. Revenue losses from other energy tax provisions are not included in Figure 4.
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Energy Tax Expenditures: Current Status and Historical Perspectives
Figure 4.Tax Expenditures: Incentives for Fossil Fuels, Renewables, and Efficiency
(1977 – 2010)
20
18
Billions of 2010 Dollars
16
14
12
10
8
6
4
2
Fossil Fuels
Renewables
2009
2007
2005
2003
2001
1999
1997
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
0
Efficiency
Source: CRS calculations using JCT tax expenditure estimates and data from the OMB.
Notes: Tax expenditures beyond 2009 are estimates and do not reflect legislation enacted after September 30,
2009. Values are adjusted to 2009 dollars using the OMB’s GDP price index. This figure does not include excise
tax incentives or Section 1603 grants in lieu of tax credits.
By 2010, the balance of energy tax expenditures had shifted such that tax expenditures supporting
renewables were estimated to exceed those supporting fossil fuels. Estimates suggest that in 2010,
39% ($3.4 billion) of energy tax expenditures supported renewables. An estimated 28% ($8.7
billion) supported fossil fuels. As is discussed in greater detail below, when excise tax credits for
alcohol fuels, biodiesel, and the Section 1603 grants in lieu of tax credits are included, an even
larger share of federal tax support for energy can be attributed to renewables.
Taken together, Figure 2, Figure 3, and Figure 4 emphasize the trends in energy tax policy over
the last 30 years. The value of tax subsidies given to oil and gas through the expensing of IDCs
and percentage depletion were dramatically reduced in the late 1980s. Following a period of
relatively low levels of energy tax expenditures, revenue losses associated with energy tax
provisions have increased, reaching levels similar to those experienced during and immediately
following the “energy crisis” of the late 1970s. While the goal of energy tax policy has been to
promote renewables and efficiency, the majority of revenue losses associated with energy tax
expenditures in recent years have been associated with credits for unconventional or alcohol
fuels. Even more striking is the fact that the primary beneficiaries of these tax credits—in both
the case of the unconventional fuels production credit and the case of black liquor—were not
those policymakers drafting the provision initially sought to subsidize.
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Energy Tax Expenditures: Current Status and Historical Perspectives
Other Energy Tax Provisions
As noted above, excise tax credits and various other tax-related revenue losses are not considered
tax expenditures. Consequently, the excise tax credit for alcohol fuel mixtures—also known as
the “blenders credit”—does not appear in conventional estimates of energy tax expenditures. The
biodiesel producer tax credit, which results in a reduction in excise tax receipts, is also not
included in the tax expenditure estimates above. Finally, Treasury grants in lieu of the renewable
energy investment tax credit (ITC) or production tax credit (PTC), enacted under Section 1603 of
the Recovery Act (ARRA), are not directly included in the tax expenditure estimates above.
Figure 5 illustrates the magnitude of revenue losses due to tax expenditures as defined above
relative to revenue losses from reduced excise tax receipts and outlays associated with the
Treasury grants in lieu of tax credits in inflation-adjusted dollars.
Figure 5. Energy Tax Expenditures and Fuel Credits: Inflation-Adjusted Dollars
(1980 – 2010)
25
Billions of 2010 Dollars
20
15
10
5
Total Energy Tax Expenditures
Alcohol Fuel / Biodiesel Excise Tax Preferences
2009
2007
2005
2003
2001
1999
1997
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
0
Treasury Grants in Lieu of Tax Credits
Source: CRS calculations using JCT and OMB tax expenditure estimates.
Notes: Values are adjusted to 2010 dollars using the OMB’s GDP price index. Revenue losses associated with
excise tax credits for alcohol fuels include are primarily due to tax credits for ethanol blenders. Revenue loss
estimates for alcohol fuels excise tax credits also include revenue losses associated with credits for biodiesel in
2008, 2009, and 2010. Revenue loss estimates for excise tax credits are presented as reported by the OMB in
the President’s Budget. Excise tax revenue losses only reflect the reduction in excise tax receipts, and not any
federal income tax offsets.
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Energy Tax Expenditures: Current Status and Historical Perspectives
Alcohol Fuels
Over the past 30 years, tax incentives for alcohol fuels have resulted in substantial federal
revenue losses. Most of the revenue losses associated with alcohol fuels have been realized either
through excise tax exemptions or credits. Such exemptions or credits, however, do not show up as
a tax expenditure, as these provisions do not directly reduce income tax liability.
Tax incentives for alcohol fuel blends were first enacted under ETA78. Under ETA78, alcohol
fuels blends received a partial exemption from the excise tax on gasoline. The American Jobs
Creation Act of 2004 (P.L. 108-357) restructured the tax subsidies for alcohol fuels. First, the
blenders income tax credit was eliminated (since this credit was not as valuable as the excise tax
exemption, the primary benefits for alcohol fuels were realized through the excise tax exemption,
not the income tax credit). Second, the blenders excise tax exemption was replaced with the
volumetric ethanol excise tax credit (VEETC).44 From the perspective of alcohol fuel blenders,
the change from an exemption to a credit increased the value of this tax provision.45
Excise tax revenue losses increased following the change from an excise tax exemption to an
excise tax credit.46 In 2004, an estimated $1.45 billion ($1.67 billion in 2010 dollars) in revenue
was lost due to the excise tax exemption. In 2006, an estimated $2.57 billion ($2.77 billion in
2010 dollars) in revenue was lost due to the excise tax credit. By 2010, estimated revenue losses
associated with the excise tax credit were $5.68 billion. The VEETC is set to expire at the end of
2011.
Biofuels
The American Jobs Creation Act of 2004 (P.L. 108-357) also created an excise tax credit for
biodiesel. In 2009, estimated revenue losses associated with the biodiesel excise tax credit were
$0.81 billion. The biodiesel mixture credit terminated on December 31, 2009, but was
retroactively extended through the end of 2011 in the Tax Relief, Unemployment Reauthorization,
and Job Creation Act of 2010 (P.L. 111-312).
To provide an additional comparison of revenue losses associated with tax preferences for fossil
fuels, renewables, and efficiency, revenue losses associated with the excise tax credits for alcohol
fuels and biodiesel are incorporated into Figure 4, presented earlier in this report. Including
excise tax exemptions for alcohol fuels and biodiesel increases revenue losses for renewables
relative to revenue losses for fossil fuels and efficiency, with the most dramatic shift taking place
in the mid-2000s (see Figure 6). When revenue losses associated with excise tax preferences are
included, estimated revenue losses associated with tax provisions benefiting renewables exceed
44
For additional background see CRS Report RL32979, Alcohol Fuels Tax Incentives, by (name redacted).
Allowing an excise tax credit, as opposed to an excise tax exemption, increases the value of the tax incentive to the
taxpayer. Excise tax payments are deductible, and can be used to reduce taxable income. With an excise tax credit, the
taxpayer first pays a higher excise tax rate and later receives a credit against excise tax paid. Since the taxpayer initially
paid the higher excise tax rate, the taxpayers is able to deduct that higher excise tax as an expense to offset taxable
income. With an excise tax exemption, the taxpayer is only able to deduct the reduced excise tax payment, rather than
the full excise tax payment, from income before calculating income tax liability.
46
The revenue losses associated with excise tax credits for alcohol fuels are presented as reductions in federal excise
tax receipts. These estimates do not include income tax offsets. Since excise taxes are deductible against income, the
actual federal revenue losses associated with excise tax credit will be greater than what is reported here.
45
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Energy Tax Expenditures: Current Status and Historical Perspectives
estimated revenue losses associated with provisions benefiting fossil fuels in 1988-1989 and
again in 2008. In 2008, estimated revenue losses associated with provisions benefitting
renewables (including alcohol fuels) were an estimated 1.6 times estimated revenue losses
benefitting fossil fuels.47
Figure 6. Revenue Losses from Tax Expenditures and Excise Tax Provisions: Fossil
Fuels, Renewables, and Efficiency
(1977 – 2010)
20
18
16
Billions of 2010 Dollars
14
12
10
8
6
4
2
Fossil Fuels
Renewables include Fuel Excise Tax Preferences
2009
2007
2005
2003
2001
1999
1997
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
0
Efficiency
Source: CRS calculations using JCT and OMB tax expenditure estimates.
Notes: Values are adjusted to 2010 dollars using the OMB’s GDP price index. Revenue loss estimates for excise
tax credits are presented as reported by the OMB in the President’s Budget. Excise tax revenue losses only
reflect the estimated reduction in excise tax receipts, and not any federal income tax offsets.
Grants in Lieu of Tax Credits48
Under Section 1603 of ARRA, qualifying commercial renewable energy projects have the option
of electing to receive a one-time cash grant from the Treasury in lieu of the renewable energy
47
It is important to note that the magnitude of federal revenue losses does not address the relative subsidy provided to
various sources of electricity or fuel. Effective tax rates may provide a useful tool for comparing the relative tax
subsidization of various energy sources. For more information on effective tax rates for various energy sources see
Gilbert E. Metcalf, Taxing Energy in the United States: Which Fuels Does the Tax Code Favor, The Center for Energy
Policy and the Environment at the Manhattan Institute, January 2009.
48
For additional information, see CRS Report R41635, ARRA Section 1603 Grants in Lieu of Tax Credits for
Renewable Energy: Overview, Analysis, and Policy Options, by (name redacted) and (name redacted).
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Energy Tax Expenditures: Current Status and Historical Perspectives
PTC or ITC. In the wake of the financial crisis, many renewable power project developers and
their investors were less able to take advantage of existing tax credits for renewable energy
projects. The grant in lieu of tax credit program was designed to provide an incentive for
renewable energy development during the economic slowdown, where there was diminished
demand for tax incentives. Currently, for projects to be eligible for the grant in lieu of tax credits,
construction has to begin before the end of 2011.
The President’s FY2012 Budget reports that $4.21 billion was awarded in grants under Section
1603 in 2010.49 Between 2010 and 2016, it is estimated that the total effect on outlays of the
Section 1603 Treasury grant program will be $18.95 billion.
Figure 7 presents data on tax expenditures, including fuel excise tax provisions and outlays
resulting from the Section 1603 grant program. When the excise tax provisions for alcohol fuels,
biodiesel, and Section 1603 grant outlays are included, the cost associated with tax provisions for
renewables is an estimated $13.78 billion for 2010. The value of fossil fuel tax expenditures in
2010 is an estimated $2.4 billion. Including these tax provisions, the cost of tax provisions that
support renewables is roughly six times greater than the cost of provisions that support fossil
fuels.
49
The Department of the Treasury maintains a list of grant recipients. This list can be found at http://www.ustreas.gov/
recovery/1603.shtml.
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Energy Tax Expenditures: Current Status and Historical Perspectives
Figure 7. Revenue Losses from Tax Expenditures, Excise Tax Provisions, and Treasury
Grants in Lieu of Tax Credits: Fossil Fuels, Renewables, and Efficiency
(1977 – 2010)
20
18
16
Billions of 2010 Dollars
14
12
10
8
6
4
2
Fossil Fuels
Renewables including Fuels Excise Tax Preferences and Treasury Grants in Lieu of Tax Credits
2009
2007
2005
2003
2001
1999
1997
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
0
Efficiency
Source: CRS calculations using JCT and OMB tax expenditure estimates.
Notes: Values are adjusted to 2010 dollars using the OMB’s GDP price index. Revenue loss estimates for excise
tax credits are presented as reported by the OMB in the President’s Budget. Excise tax revenue losses only
reflect the estimated reduction in excise tax receipts, and not any federal income tax offsets.
Concluding Remarks
Since the 1970s, energy tax policy has attempted to achieve two broad objectives. First,
policymakers have sought to reduce oil import dependence by subsidizing domestic sources of
energy. Second, environmental concerns have motivated tax preferences for various renewable
energy sources and energy efficiency. Using estimated federal revenue losses associated with
energy tax provisions, it is not clear that energy tax policy in practice has followed a stable course
consistent with these objectives.
The low levels of energy tax subsidization in the late 1980s and throughout the 1990s, coupled
with periods of relatively low oil prices, did little to promote the development of domestic energy
resources, renewable or otherwise. The overall level of tax subsidization of domestic energy
resources in the mid-to-late 2000s was similar to early 1980s levels (in inflation-adjusted terms).
During the late 1980s, throughout the 1990s, and into the 2000s, revenue losses associated with
energy tax provisions were low, both relative to total tax expenditures and relative to current
energy tax expenditure levels. Since 2005, revenue losses associated with the renewable energy
production tax credit have been increasing, suggesting an increase in renewable energy
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production and domestic renewable energy capacity. By 2010, revenue losses associated with tax
incentives for renewables exceeded those available for fossil energy resources.
While environmental concerns have led to an increasing number of tax incentives for renewables
and efficiency being made available, energy tax expenditures still suggest that, even in recent
years, fossil fuels remain subsidized in practice. Since the late 1970s, tax subsidies for oil and gas
have been scaled back and made less generous, but revenue losses attributable to fossil fuel
subsidies persisted through 2007. Overall, the number of energy tax provisions has increased
since the 1970s, providing tax incentives to a broader spectrum of energy-related activities. In
2007, even with an increasing number of tax provisions designed to promote renewables and
efficiency in place, the majority of energy tax expenditure revenue losses still served to benefit
fossil fuels. In 2007, nearly half of the energy tax expenditure revenue losses were attributable to
the unconventional fuel production credit being claimed by coal-based synfuel producers.
Following the expiration of the unconventional fuel credit in 2007, energy tax policy, as evaluated
according to revenue losses, appears to have shifted towards favoring renewables. While revenue
losses associated with the excise tax credit for alcohol fuels (ethanol) and the renewable energy
production tax credit have increased in relative importance, most of the revenue losses
categorized as being associated with renewables are attributable to “black liquor.”
The fact that the tax provisions associated with the largest estimated revenue losses in the
2000s—the unconventional fuel tax credit claimed by synfuel producers and the alcohol fuels and
cellulosic biofuels income tax credit claimed by those using “black liquor”—had high revenue
loss stemming from claims that were inconsistent with policymakers’ intent, raises concerns
about using the tax code to achieve energy policy objectives. Designing tax policy that is more
consistent with economic objectives could help address these concerns.
Energy tax policy, particularly in the 2000s, has focused on subsidizing a variety of clean-energy
alternatives, an approach that is unlikely to maximize economic efficiency. Taxing energy-related
activities that generate negative externalities (such as the burning of fossil fuels), as opposed to
subsidizing clean-energy alternatives, would likely enhance the efficiency of energy tax policy.
Taxing an activity that imposes negative externalities reduces the amount of the activity in
equilibrium, as a corrective tax leads market participants to consider the full internal and external
costs of the activity when making consumption or production choices. Taxing activities that
generate negative externalities also allows the government to avoid “picking winners,” which is
often the result when selective subsidies are given to certain sectors within the complete set of
alternatives.
To provide subsidies, the government must generate revenue. If that revenue is generated by
levying distortionary taxes in other sectors of the economy, such as income taxes that lead
individuals to reduce work hours, such a policy is unlikely to be economically efficient. The
government may be creating inefficiencies in the labor market via income taxes to finance
subsidies for clean-energy alternatives. Taxing energy-related activities that generate negative
externalities, increasing the price of activities associated with negative externalities relative to the
clean-energy alternatives, would also create incentives for increased investment in and utilization
of the clean-energy alternative without creating distortions in other markets.
Finally, limiting selective subsidies would reduce the scope for taxpayers to find loopholes
allowing them to exploit energy tax incentives. Both coal-based synfuel producers and “black
liquor” claimants were able to make small modifications in what were currently utilized
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production techniques, modifications which resulted in billions of dollars of tax incentives.
Clean-energy tax subsidies do create incentives for alternative and innovative energy resources.
Congress, in drafting tax policy, however, faces significant challenges. Creating narrowly defined
clean-energy tax policy may stifle innovation, while providing broader incentives leaves open the
possibility of tax loopholes and potential abuse.
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Appendix A. Data Tables
Table A-1 provides data from a sample of cross sections used to create Figure 2. Additional data
regarding revenue losses associated with a specific tax provisions are available from the author
upon request.
Table A-1. Energy Tax Expenditures, Excise Tax Credits, and Grants
in Lieu of Tax Credits: Current Dollars
(billions of dollars)
1977
1981
1985
1989
1993
1997
2001
2005
2007
2009
2010
2.0
4.9
3.4
0.1
0.3
0.8
0.9
1.0
2.2
1.6
1.2
Unconventional fuel production credit
(Section 29 credit)
-i-
-i-
0.8
1.3
1.5
1.2
4.5
0.1
-i-
Tax credit for electricity produced from
renewable resources
-i-
-i-
0.1
0.3
1.1
1.3
1.4
Tax credits for alcohol fuels and biodiesel
-i-
-i-
-i-
-i-
0.1
6.5
0.1
0.3
0.4
1.9
Energy Tax Expenditures
Expensing of exploration and development
costs and percentage over cost depletion:
oil and gas
Residential energy efficiency tax credits
0.5
0.8
-i-
-i-
Other
0.1
1.2
1.0
0.7
0.3
0.4
0.3
3.2
1.1
3.0
4.1
Total Energy Tax Expenditures
2.1
6.6
5.1
0.8
1.4
2.5
2.8
5.7
9.3
12.9
8.7
0.1
0.4
0.5
0.6
0.7
1.0
1.5
3.3
5.2
5.7
0.8
0.5
1.1
4.2
Excise Tax Credits
Alcohol Fuels Credit
Biodiesel Producer Tax Credit
Grants in Lieu of Tax Credits
Treasury Grant in Lieu of Tax Credit
Source: CRS calculations using JCT and OMB tax expenditure estimates.
Notes: Columns may not sum due to rounding. In cells containing “-i-” estimated tax expenditures were less
than $50 million. Revenue loss estimates for excise tax credits are presented as reported by the OMB in the
President’s Budget. Excise tax revenue losses only reflect the estimated reduction in excise tax receipts, and not
any federal income tax offsets.
Table A-2 presents the estimated revenue losses associated with various tax provisions presented
in Table A-1, adjusted for inflation. This information was used in creating Figure 3 and Figure 5.
Again, additional data regarding revenue losses associated with a specific tax provisions are
available from the author upon request.
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Table A-2. Energy Tax Expenditures, Excise Tax Credits, and Grants
in Lieu of Tax Credits: 2010 Dollars
(billions of dollars)
1977 1981 1985 1989 1993 1997 2001 2005 2007 2009 2010
Energy Tax Expenditures
Expensing of exploration and development
costs and percentage over cost depletion:
oil and gas
6.0
10.5
6.0
0.2
0.4
1.0
1.1
1.1
2.3
1.6
1.2
Unconventional fuel production credit
(section 29 credit)
-i-
-i-
1.1
1.7
1.8
1.3
4.7
0.1
-i-
Tax credit for electricity produced from
renewable resources
-i-
-i-
0.1
0.3
1.1
1.3
1.4
-i-
-i-
-i-
0.1
6.5
0.1
0.3
0.4
1.9
-i-
Tax credits for alcohol fuels and biodiesel
Residential energy efficiency tax credits
1.2
1.4
-i-
-i-
Other
0.2
2.5
1.7
1.1
0.4
0.5
0.4
3.6
1.1
3.0
4.1
Total Energy Tax Expenditures
6.2
14.2
9.2
1.3
2.0
3.3
3.4
6.3
9.7
13.0
8.7
0.1
0.7
0.8
0.8
0.9
1.2
1.7
3.5
5.2
5.7
0.8
0.5
1.1
4.2
Excise Tax Credits
Alcohol Fuels Credit
Biodiesel Producer Tax Credit
Grants in Lieu of Tax Credits
Treasury Grant in Lieu of Tax Credit
Source: CRS calculations using JCT and OMB tax expenditure estimates.
Notes: Columns may not sum due to rounding. In cells containing “-i- “ estimated tax expenditures were less
than $50 million. Values are adjusted to 2010 dollars using the OMB’s GDP price index. Revenue loss estimates
for excise tax credits are presented as reported by the OMB in the President’s Budget. Excise tax revenue losses
only reflect the estimated reduction in excise tax receipts, and not any federal income tax offsets.
Table A-3 presents estimated revenue losses associated with various energy tax provisions. The
provisions are categorized as those that benefit fossil fuels,50 those that benefit renewables (both
50
Tax expenditures categorized as those benefiting fossil fuels include the following: expensing of IDCs for oil and
gas, percentage over cost depletion for oil and gas, the exception from passive loss limitation for working interests in
oil and gas property, the credit for enhanced oil recovery costs, expensing of tertiary injectants, tax credits for
investments in clean coal power generation facilities, the reduced amortization period for geological and geophysical
expenditures associated with oil and gas exploration, the amortization of air pollution control facilities, the 15-year
MACRS for natural gas distribution lines, the election to expense 50% of qualified property used to refine liquid fuels,
(continued...)
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electricity and fuels),51 and those that promote efficiency. 52 Fuels excise tax preferences include
excise tax provisions for alcohol fuels, biodiesel, and renewable diesel.
Table A-3.Tax Expenditures for Fossil Fuels, Renewables, and Efficiency: 2010 Dollars
(billions of dollars)
1977 1981 1985 1989 1993 1997 2001 2005 2007 2009 2010
Fossil Fuels
6.20 10.65 6.36
0.64
1.56
2.75
3.18
2.78
7.42
2.62
2.40
Renewables
0.73
1.17
-i-
-i-
0.13
0.12
0.33
1.67
9.07
3.40
Efficiency
1.55
0.58
-i-
-i-
-i-
0.42
0.50
2.10
Fuels Excise Tax Preferences
0.12
0.68
0.88
1.21
1.67
3.47
6.02
6.17
1.06
4.21
0.78
0.80
Treasury 1603 Grants in Lieu
of Tax Credits
Source: CRS calculations using JCT and OMB tax expenditure estimates.
Notes: In cells containing “-i- “ estimated tax expenditures were less than $50 million. Values are adjusted to
2010 dollars using the OMB’s GDP price index.
(...continued)
the unconventional fuel production credit, and the capital gains treatment of royalties from coal.
51
Tax expenditures categorized as those benefitting renewables include the following: income tax credits for alcohol
fuels and biofuels, renewable energy investment tax credits (ITCs), renewable energy production tax credits (PTC),
deductions and credits for clean-fuel vehicles and refueling property, tax credits for other clean and alternative
technology vehicles, tax credits for residential energy efficient (renewable energy production) property, five-year
MACRS for certain energy property, credits for holders of clean renewable energy bonds, and the credit for investment
in advanced energy property.
52
Tax expenditures categorized as those benefitting efficiency include the following: the exclusion from income of
energy conservation subsidies provided by utilities, the tax credit for energy efficiency improvements to existing
homes, the tax credit for the production of energy efficient appliances, credits to holders of qualified energy
conservation bonds, deduction for expenditures on energy efficient commercial building property, and other residential
energy conservation (efficiency) incentives.
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Appendix B. Cumulative Revenue Losses
Associated with Various Tax Preferences
This appendix presents data on the revenue losses over time associated with various energy tax
preferences. Specifically, the sections below present historical revenue losses associated with tax
provisions that benefit the oil and gas sector, those that benefit renewable energy, and revenue
losses associated with the excise tax credits for alcohol fuels.
Cumulative Revenue Losses: Oil and Gas Tax Preferences53
Over time, the primary tax incentives for oil and gas were the percentage depletion allowance and
the ability to expense intangible drilling costs (IDCs). Before the 1980s, these were the only tax
incentives designed specifically to promote investment in oil and gas. Tax preferences for oil and
gas introduced in the 1980s and 1990s, such as expensing allowance for tertiary injectants and the
tax credit for enhanced oil recovery, sought to encourage domestic production by providing tax
incentives for difficult to extract domestic oil resources. Table B-1 provides an estimate of the
cumulative revenue losses associated with these tax provisions, through the year 2000, in constant
2000 dollars.54
Table B-1. Petroleum-Related Tax Incentives Through 2000
(billions of dollars)
Tax Incentive
Years Included
Revenue Loss in
Constant Year 2000
Dollars
Excess of Percentage over Cost Depletion
1968 - 2000
$81.7
Expensing of IDCs
1968 - 2000
54.6
Credit for Enhanced Oil Recovery Costs
1994 - 2000
0.5
Expensing of Tertiary Injectants
1980 - 2000
0.3
Source: GAO
Notes: Revenue losses reported the sum of JCT’s annual estimates, and were adjusted for inflation by GAO.
The Treasury estimates that the value of the exemption from passive loss limits for oil and gas companies was
worth $1.1 billion over the 1998 – 2000 time period. The JCT does not view the exemption from passive loss
limits as a tax expenditure. Thus, it has not been included in this analysis.
Table B-2 presents historical revenue losses over the 2000 through 2010 period. As was the case
in the earlier time period referenced above, the percentage depletion allowance and ability to
expense IDCs continues to make up the majority of oil and gas related federal revenue losses.
53
For more information, see CRS Congressional Distribution Memoranda, February 3, 2011, Historical Revenue
Losses Associated with Tax Incentives for Oil and Gas, by (name redacted).
54
These figures can be found in U.S. General Accounting Office, Petroleum and Ethanol Fuels: Tax Incentives and
Related GAO Work, GAO/RCED-00-301R, September 25, 2000, pp. 1-25, http://www.gao.gov/new.items/
rc00301r.pdf. Data on tax expenditures prior to 1968 are limited, as annual tax expenditures were not regularly
provided by both the JCT and Treasury prior to this date. Thus, data on historical revenue losses do not extend back
beyond 1968.
Congressional Research Service
32
Energy Tax Expenditures: Current Status and Historical Perspectives
Table B-2. Estimated Revenue Losses Associated with Oil and Gas Tax Preferences
(billions of dollars)
Tax Incentive
2000-2009 (2009 Dollars)
2010
Excess of Percentage over Cost Depletion
7.9
0.5
Expensing of IDCs
8.4
0.7
Credit for Enhanced Oil Recovery Costs
1.8
-i-
Reduced G&G Amortization Period
0.2
0.1
Election to Expense 50% of Refinery Costs
0.9
0.7
Source: CRS calculations using annual JCT tax expenditure estimates.
Notes: Values are adjusted to 2009 dollars using the Office of Management and Budget (OMB)’s GDP price
index. Years 2010 through 2014 are presented in current dollars. An -i- indicates positive revenue losses of less
than $50 million dollars. Rows may not sum due to rounding. Oil and gas related tax expenditures with annual
estimates of de minimis value (less than $50 million) are not presented in JCT’s annual tax expenditure tables and
thus not included. These include the expensing of tertiary injectants and the credit for production from marginal
wells. The JCT does not classify exemptions to passive loss rules as a tax expenditure as the effects of the
exemption are reflected in the value of related tax expenditures.
Cumulative revenue losses, combining the data from Table B-1 and Table B-2, are presented in
Table B-3. Since 1968, the percentage depletion allowance has resulted in an estimated $111
billion in federal revenue loss. The ability to expense IDCs has resulted in an estimated $78
billion over the same time period. The majority of historical revenue losses associated with
targeted tax incentives for oil and gas are attributable to these two provisions. From 1968 through
2010, estimated revenue losses associated with targeted tax incentives for the oil and gas sector
sum to $193.4 billion. 55
Table B-3. Cumulative Revenue Losses: 1968 - 2010
(billions of dollars)
Tax Incentive
Excess of Percentage over Cost Depletion
Revenue Loss in
Constant Year 2010
Dollars
$111.0
Expensing of IDCs
77.7
Credit for Enhanced Oil Recovery Costs
2.4
Expensing of Tertiary Injectants
0.4
Reduced G&G Amortization Period
0.3
Election to Expense 50% of Refinery Costs
1.6
Total (Without Interaction Effects)
193.4
Source: CRS calculations using GAO and JCT data.
55
The oil and gas sector also benefits from a number of tax incentives that are more widely available, such as the
production activities deduction (IRC § 199), certain foreign tax credit rules for dual-capacity multinational taxpayers,
and the ability to use last-in, first-out (LIFO) inventory accounting methods. Since these preferences are not specific to
the oil and gas sector, annual tax expenditure estimates do not provide data on annual revenue losses associated with
these provisions attributable to the oil and gas sector.
Congressional Research Service
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Energy Tax Expenditures: Current Status and Historical Perspectives
Notes: Values are adjusted to 2010 dollars using the Office of Management and Budget (OMB)’s GDP price
index.
Cumulative Revenue Losses: Renewables
Historically, the primary tax incentives for renewable energy have been the investment tax credit
(ITC) and production tax credit (PTC). The ability to forgo these tax credits and instead receive a
one-time grant from the Treasury under Section 1603 of ARRA substantially increased the cost of
these provisions during recent years. Table B-4 and Table B-5 present historical data on tax
expenditures for renewable energy.
Table B-4.Tax Expenditures for Renewable Energy: Current Dollars
(billions of dollars)
19791989
19901999
20002009
2010
Total
1.9
0.2
0.1
(i)
2.2
0.1
6.0
1.4
7.5
Accelerated Depreciation (5-year) for
Renewable Energy Investmentsa
0.5
0.3
0.8
Clean Renewable Energy Bonds (CREBs)
(i)
0.1
0.1
Credit for Investment in Advanced Energy
Property
0.1
0.5
0.6
Section 1603 Grants in Lieu of Tax Credits
(outlays)
1.1
4.2
5.3
0.1
0.2
3.0
7.9
6.7
19.4
Tax Incentive
Business
Renewable Energy Investment Tax Credit (ITC)
Renewable Energy Production Tax Credit (PTC)
Residential
Residential Energy Efficient Property Creditb
Total (Without Interaction Effects)
2.7
4.6
0.3
Source: CRS analysis of data from the JCT and Treasury.
Notes: Beginning in 1986, the JCT reported tax expenditure estimates in billions of dollars, rather than millions.
Tax expenditures of less than $50 million were recorded as a de minimis value and are therefore not included in
the analysis. A value of (i) indicates positive revenue loss estimate of less than $50 million.
a.
Accelerated depreciation for investments in renewables was included in JCT’s annual tax expenditure
report for the first time in 2008. Although qualifying renewable investments have been eligible for five-year
cost recovery since 1986, the JCT’s annual tax expenditure report did not identify the provision as a tax
expenditure prior to 2008.
b.
In years 1979 and 1980, the JCT tax expenditure estimates for residential energy credits did not distinguish
between incentives for conservation and those for renewable energy property. One-half of the reported tax
expenditure for residential energy credits in 1979 and 1980 has been allocated to renewables and used in
calculating the totals presented in the table.
Since tax incentives for renewable energy were first introduced in the late 1970s, the estimated
cumulative cost has been $24.6 billion. Of this, $5.3 billion is due to outlay payments under the
Section 1603 grants in lieu of tax credits program. An estimated $12.2 billion, roughly half of the
total support through tax-related incentives, is attributable to the renewable energy ITC and PTC.
Congressional Research Service
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Energy Tax Expenditures: Current Status and Historical Perspectives
Table B-5.Tax Expenditures for Renewable Energy: Constant 2010 Dollars
(billions of dollars)
19791989
19901999
20002009
2010
Total
3.9
0.3
0.1
(i)
4.3
0.1
6.3
1.4
7.9
Accelerated Depreciation (5-year) for
Renewable Energy Investmentsa
0.5
0.3
0.8
Clean Renewable Energy Bonds (CREBs)
(i)
0.1
0.1
Credit for Investment in Advanced Energy
Property
0.1
0.5
0.6
Section 1603 Grants in Lieu of Tax Credits
(outlays)
1.1
4.2
5.3
0.1
0.2
5.7
8.2
6.7
24.6
Tax Incentive
Business
Renewable Energy Investment Tax Credit (ITC)
Renewable Energy Production Tax Credit (PTC)
Residential
Residential Energy Efficient Property Creditb
Total (Without Interaction Effects)
5.4
9.3
0.4
Source: CRS analysis of data from the JCT and Treasury.
Notes: Historical spending has been adjusted to constant 2010 dollars using the composite GDP deflator.
Beginning in 1986, the JCT reported tax expenditure estimates in billions of dollars, rather than millions. Tax
expenditures of less than $50 million were recorded as a de minimis value and are therefore not included in the
analysis. A value of (i) indicates positive revenue loss estimate of less than $50 million.
a.
Accelerated depreciation for investments in renewables was included in JCT’s annual tax expenditure
report for the first time in 2008. Although qualifying renewable investments have been eligible for five-year
cost recovery since 1986, the JCT’s annual tax expenditure report did not identify the provision as a tax
expenditure prior to 2008.
b.
In years 1979 and 1980, the JCT tax expenditure estimates for residential energy credits did not distinguish
between incentives for conservation and those for renewable energy property. One-half of the reported tax
expenditure for residential energy credits in 1979 and 1980 has been allocated to renewables and used in
calculating the totals presented in the table.
Cumulative Revenue Losses: Excise Tax Credits for Alcohol Fuels
Table B-6 presents estimated revenue losses associated with the excise tax exemption for alcohol
fuels from 1980 through 2010. The first row presents revenue losses in current dollars. The
second row presents revenue losses in 2010 inflation-adjusted dollars. The third row presents
estimated revenue losses adjusting for income tax offsets (discussed below), in 2010 inflation
adjusted-dollars. Over time, federal revenue losses increased, reflecting increased use of alcohol
fuels, particularly ethanol.
Congressional Research Service
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Energy Tax Expenditures: Current Status and Historical Perspectives
Table B-6. Alcohol Fuels Excise Tax Exemption: Estimated Revenue Losses
(billions of dollars)
1980 1989
1990 1999
2000 2004
2005 2010
Total
Alcohol Fuels Excise Tax Benefits: Revenue Losses
in Current Dollars
2.8
6.0
5.5
22.6
36.8
Alcohol Fuels Excise Tax Benefits: Revenue Losses
in 2010 Inflation-Adjusted Dollars
5.1
8.6
6.7
23.4
43.8
Alcohol Fuels Excise Tax Benefits Including Income
Tax Offsets: 2010 Inflation-Adjusted Dollars
5.1
8.6
6.7
29.3
49.7
Source: Revenue losses over each five-year period were calculated by CRS using Treasury tax expenditure data
reported in the President’s annual budget proposals.
Notes: For inflation-adjusted dollars, the Office of Management and Budget’s (OMB) GDP price index is used to
make adjustments. The Treasury reports estimated federal revenue losses associated with tax credits for all
alcohol fuels. These revenue losses are primarily attributable to ethanol.
Beginning in 2005, the volumetric ethanol excise tax credit (VEETC) was introduced to replace
the previously available excise tax exemption for ethanol. Since excise tax credits are deductible,
replacing the excise tax exemption with an excise tax credit has additional federal revenue
consequences, above and beyond payouts for the excise tax credit. Specifically, income tax
receipts decrease due to the higher excise tax deduction. Assuming an average tax rate of 25%,
excise tax credits resulting in $5.7 billion in lost excise tax receipts in 2010 also reduce income
tax receipts by an estimated $1.4 billion ($5.7 * 0.25). Between 2005 and 2010, income tax
offsets (foregone income tax receipts) associated with the alcohol fuels excise tax credit can be
approximated at $5.7 billion ($22.6 * 0.25). Including estimated income tax offsets, and adjusting
for inflation, total federal losses associated with alcohol fuels excise tax credits between 2005 and
2010 were approximately $29.3 billion dollars.
Since the introduction of excise tax preferences for alcohol fuels, these excise incentives have
resulted in $43.8 billion in revenue losses. When including estimated revenue losses associated
with income tax offsets, total revenue losses associated with excise tax preferences for alcohol
fuels between 1980 and 2010 total an estimated $49.7 billion.
Author Contact Information
(name redacted)
Analyst in Economics
*redacted*@crs.loc.gov, 7-....
Acknowledgments
Portions of this report were adapted from previous reports written by (name redacted).
Congressional Research Service
36
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