Texas high court sticks oil, gas producers in state with tax bill

Houston (Platts)--20 Jun 2016 852 am EDT/1252 GMT

In a decision in a case closely followed by Texas' oil and natural gas industry, the state Supreme Court Friday ruled that an oil and gas producer could not qualify for a sales tax exemption on the purchase of drilling equipment.

The unanimous ruling, which is expected to add millions of dollars to the tax bills of producers in the Lone Star State, was handed down Friday in the case of Southwest Royalties, Inc. v. Hegar.

At trial Southwest had argued that it was entitled to a sales tax exemption for the purchase of casing, tubing and other well equipment under a statutory exemption for equipment used in manufacturing. However, state officials held that the equipment was not used in manufacturing as it is defined in the state tax code.

The justices sided with the state.

"Southwest did not prove that the equipment for which it sought a tax exemption was used in 'actual manufacturing, processing, or fabricating' of hydrocarbons," the court said in its ruling, which upheld earlier rulings of a trial court and an appeals court.

In a statement Friday, Texas Attorney General Ken Paxton praised the court decision.

"I am pleased that the Texas Supreme Court unanimously agreed that the law is clear and that Southwest Royalties does not qualify for a tax exemption.

"The comptroller is faithfully executing the law and treating taxpayers fairly, in accordance with the wishes of the Texas Legislature," he said.

However, Todd Staples, president of the Texas Oil and Gas Association, said the association was disappointed in the court's decision.

"It is undeniable that oil and natural gas exploration and production today is more and more a manufacturing process. For a healthy oil and natural gas industry, our operators, who compete globally, need equitable tax treatment," he said in a statement Friday.

--Jim Magill, jim.magill@spglobal.com

--Edited by Richard Rubin, richard.rubin@spglobal.com

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