Understanding Natural Gas Sold Under a Fixed Contract [Internal Revenue]

Definition & Meaning

The term natural gas sold under a fixed contract refers to domestic natural gas that is sold by a producer under a specific contract that was in effect on February 1, 1975, and continues to be valid. Under this type of contract, the price of the gas cannot be adjusted to account for any increases in the seller's tax liabilities due to changes in tax laws, specifically the repeal of percentage depletion for gas. This definition also applies to gas that was previously classified as regulated natural gas.

Price increases after February 1, 1975, are generally assumed to consider tax liabilities unless the seller can provide clear evidence to the contrary. If the contract allows for price adjustments that reflect potential increases in federal income tax liabilities, then the gas sold under that contract does not qualify as being sold under a fixed contract.

Table of content

Real-world examples

Here are a couple of examples of abatement:

For instance, a natural gas producer has a contract dated February 1, 1975, that stipulates a fixed price for gas sales. If the producer sells gas under this contract without adjusting the price for tax liabilities, it qualifies as natural gas sold under a fixed contract. Conversely, if the contract allows for price renegotiation based on tax changes, it does not meet the criteria.

Comparison with related terms

Term Definition
Regulated Natural Gas Gas that is subject to government regulation regarding pricing and sales.
Variable Price Contract A contract that allows for price adjustments based on market conditions or tax liabilities.

What to do if this term applies to you

If you are involved in the sale of natural gas under a fixed contract, it is crucial to review your contract terms carefully. Ensure that any price adjustments do not violate the fixed contract criteria. For assistance, consider using US Legal Forms to access templates and resources that can help you navigate these regulations. If your situation is complex, consulting a legal professional is advisable.

Quick facts

  • Typical Fees: Varies by contract and market conditions.
  • Jurisdiction: Federal tax law applies.
  • Possible Penalties: Tax liabilities if contract terms are not adhered to.

Key takeaways

Frequently asked questions

A fixed contract is an agreement where the price of natural gas remains unchanged despite any tax liability increases.