2022 Marginal Production Percentage Depletion Rates Announced, Notice 2022-24

The IRS has announced the applicable percentage under Code Sec. 613A to be used in determining percentage depletion for marginal properties for the 2022 calendar year. Code Sec. 613A(c)(6)(C) defines the term “applicable percentage” for purposes of determining percentage depletion for oil and gas produced from marginal properties. The applicable percentage is the percentage (not greater than 25 percent) equal to the sum of 15 percent, plus one percentage point for each whole dollar by which $20 exceeds the reference price (determined under Code Sec. 45K(d)(2)(C)) for crude oil for the calendar year preceding the calendar year in which the tax year begins. The applicable percentage is 15 percent and the reference price determined under Code Sec. 45K(d)(2)(C) for the 2021 calendar year is $65.90. The table contains the applicable percentages for marginal production for tax years beginning in calendar years 1991 through 2022.