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 2023 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 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 2022 calendar year is $93.97.
The following table contains the applicable percentages for marginal production for taxable years beginning in calendar years 1991 through 2023.
Notice 2023-50 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 |
| 2014 | 15 percent |
| 2015 | 15 percent |
| 2016 | 15 percent |
| 2017 | 15 percent |
| 2018 | 15 percent |
| 2019 | 15 percent |
| 2020 | 15 percent |
| 2021 | 15 percent |
| 2022 | 15 percent |
| 2023 | 15 percent |
The principal author of this notice is Elimelech Brander of the Office of Associate Chief Counsel (Passthroughs and Special Industries). For further information regarding this notice contact Mr. Brander at (202) 317-6853 (not a toll-free number).
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