PolicyBrief
H.R. 383
119th CongressJan 14th 2025
End Oil and Gas Tax Subsidies Act of 2025
IN COMMITTEE

The End Oil and Gas Tax Subsidies Act of 2025 eliminates various tax breaks, deductions, and accounting advantages for the oil and gas industry to increase federal revenue and modernize tax policy.

Sean Casten
D

Sean Casten

Representative

IL-6

LEGISLATION

End Oil and Gas Tax Subsidies Act of 2025: Major Tax Overhaul Targets Fossil Fuel Deductions and Exploration Credits

The End Oil and Gas Tax Subsidies Act of 2025 is a sweeping attempt to rewrite the tax code for the energy sector by stripping away decades-old financial incentives for fossil fuel production. Starting after December 31, 2024, the bill eliminates several key tax breaks, including the immediate deduction for intangible drilling costs and the 'percentage depletion' allowance, which currently lets companies deduct a flat percentage of their income rather than just their actual expenses. It also hits the brakes on exploration by stretching the write-off period for geological and geophysical costs from two years to seven years under Section 167(h). For the average person, this isn't just accounting jargon; it represents a fundamental shift in how the government treats the oil industry, potentially impacting everything from gas prices to the job market in energy-heavy states.

The End of Cheap Drilling Incentives

For years, oil and gas companies have enjoyed special rules that most other businesses don't get. Section 5 of the bill ends the immediate tax deduction for 'intangible drilling costs'—the heavy expenses like labor, fuel, and hauling that make up the bulk of starting a new well. Previously, companies could write these off right away to keep cash flowing. By forcing these costs to be treated differently, the bill makes it significantly more expensive to start new projects. Think of it like a small business owner who used to deduct their entire equipment purchase in year one, but is now told they have to spread that deduction over a decade; it changes the math on whether you can afford to grow.

Targeting the Big Players and Passive Investors

The bill doesn't just go after the wells; it goes after the accounting methods and investment structures. Section 10 prohibits 'major integrated oil companies'—those producing over 500,000 barrels a day with billion-dollar revenues—from using Last-In, First-Out (LIFO) inventory accounting. This shift could lead to a massive one-time tax bill for the industry's giants. Furthermore, Section 8 closes a loophole for individual investors. Currently, if you own a 'working interest' in an oil well, you can use those losses to offset your regular salary or other income. The bill subjects these to 'passive loss' rules, meaning if you aren't the one out there turning the wrench, you can't use those losses to lower your personal income tax bill anymore.

Expanding the Tax Net to Tar Sands

Beyond just removing credits, the bill expands what the government considers 'crude oil' for excise tax purposes. Section 12 explicitly adds tar sands and oil shale to the list, ensuring these heavier, more carbon-intensive resources are taxed at the same rate as traditional petroleum. It also gives the Treasury Department broad authority to add new substances to this list if they are transported via pipeline or ship. While this aims to level the playing field for renewable energy and increase government revenue, the immediate concern for consumers is the 'pass-through' effect. When it becomes more expensive for a refinery to process tar sands or for a driller to start a well, those costs often trickle down to the pump, affecting anyone who relies on a car for their daily commute or a truck for their delivery business.