Part III. Administrative, Procedural, and Miscellaneous

2013 Marginal Production Rates

Notice 2013–53

This notice announces the applicable percentage under § 613A of the Internal Revenue Code to be used in determining percentage depletion for marginal properties for the 2013 calendar year.

Section 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 § 45K(d)(2)(C)) for crude

Notice 2013–53

oil for the calendar year preceding the calendar year in which the taxable year begins. The reference price determined under § 45K(d)(2)(C) for the 2012 calendar year is $94.53.

The following table contains the applicable percentages for marginal production for taxable years beginning in calendar years 1991 through 2013.

APPLICABLE PERCENTAGE FOR MARGINAL PRODUCTION

Calendar Year Applicable Percentage

1991 15 percent 1992 18 percent 1993 19 percent 1994 20 percent 1995 21 percent 1996 20 percent 1997 16 percent 1998 17 percent 1999 24 percent 2000 19 percent 2001 15 percent 2002 15 percent 2003 15 percent 2004 15 percent 2005 15 percent 2006 15 percent 2007 15 percent 2008 15 percent 2009 15 percent 2010 15 percent 2011 15 percent 2012 15 percent 2013 15 percent

The principal author of this notice is Martha M. Garcia of the Office of Associate Chief Counsel (Passthroughs and Special Industries). For further information regarding this notice contact Ms. Garcia at (202) 622–3110 (not a toll-free call).

26 CFR 601.105: Examination of returns and claims for refund, credit or abatement; determination of correct tax liability. (Also: Part I, §§ 1361, 1362; 1.1361–1, 1.1361–3,

1.1362–4, 1.1362–6, 301.7701–3, 301.9100–1, 301.9100–3.)

Rev. Proc. 2013–30