May 1, 2012
FOR IMMEDIATE RELEASE
Travis County District Judge John Dietz Reverses His Prior Ruling That “Below-Ground” Equipment Used in Processing of Oil and Gas Qualifies for Texas Manufacturing Exemption.
-- Ryan, a leading global tax services firm with the largest indirect tax practice in North America, today announced that a dispute between Southwest Royalties, Inc. (“Southwest Royalties”) and the State of Texas regarding the taxability of oil and gas production equipment used “below-ground” has been decided by Travis County District Court Judge John Dietz in Southwest Royalties, Inc. v. Combs
. Although Judge Dietz ruled after the trial that “below-ground” equipment was used in or during the actual processing of oil and gas and qualified for the manufacturing exemption under Texas Tax Code Sec. 151.318, the judge reversed his ruling in a judgment signed on April 30, 2012.
According to the judgment, the well equipment only “indirectly” caused the physical changes that processed the oil and gas. It is likely that the case will be appealed based on evidence introduced by Southwest Royalties at the trial, which established that the oil and gas wells directly caused the physical changes to the hydrocarbon products without any intervening forces required.
Ryan serves as tax advisor to Southwest Royalties and its law firm, Scott, Douglass & McConnico, LLP, in connection with this matter and played a key role in developing the case. “It has long been the Firm’s contention that below-ground equipment used in the processing of oil and gas qualifies for the Texas manufacturing exemption,” said G. Brint Ryan, Chairman and CEO of Ryan. “We are disappointed that Judge Dietz reversed his ruling after reviewing media reports publicizing inflated estimates of potential revenue loss to the state. We hope that the appellate courts will apply the statute as written based upon the evidence presented at trial.”
Ryan is an award-winning global tax services firm, with the largest indirect tax practice in North America and the seventh largest corporate tax practice in the United States. Headquartered in Dallas, Texas, the Firm provides a comprehensive range of state, local, federal, and international tax advisory and consulting services on a multi-jurisdictional basis, including audit defense, tax recovery, credits and incentives, tax process improvement and automation, tax appeals, tax compliance, and strategic planning. Ryan is a two-time recipient of the International Service Excellence Award from the Customer Service Institute of America (CSIA) for its commitment to world-class client service. Empowered by the dynamic myRyan
work environment, which is widely recognized as the most innovative in the tax services industry, Ryan’s multi-disciplinary team of more than 925 professionals and associates serves over 6,500 clients in 40 countries, including many of the world’s most prominent Global 5000 companies. More information about Ryan can be found at www.ryan.com
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