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The Windfall Profits Tax...When History Repeats Itself
August, 2009
Richard C. Kang

The republicans are having a tough time. They have lost their majority in the house and are scrambling to find a suitable spokesperson. After dealing with budget deficits from a costly war and economic turmoil, the current administration seems to be at odds with capitalism. Gas prices, although off their all time highs, are threatening a rebound. Welcome to the late 70’s and early 80's.

If you are in the camp that believes history repeats itself, watch closely.

Historically, one solution that’s been used to generate tax revenue was a windfall profits tax. And it passed through congress and across the president’s desk at lightning speed. In 1979, after gas prices nearly doubled in less than 12 months and US oil companies posted record profits, the deficit heavy Carter administration and the outraged American public wanted a pound of flesh… and they got it.

However, the resulting outcome and revenue from instituting the tax was not what anyone had hoped for…

  • The original forecast of revenues turned out to be significantly overestimated. From 1980 to 1990 the tax generated gross revenue of about $80 billion, or 80% less than the projected amount of $393 billion due to a change in administration. Those numbers in 2009 dollars would be approximately $270 billion and $1.015 trillion, tidy sums indeed and enough to help finance other programs the current administration may have in mind like healthcare reform.

  • The lack of post-tax profit caused domestic oil companies to fall behind their foreign counterparts. Some industry analysts estimated that these domestic companies were put at a competitive disadvantage to their overseas competitors in exploration and new technologies as well as attracting some of the world’s best geological talent.

As the tax was an excise tax on oil produced domestically in the United States; it was not imposed on imported oil. Domestic oil producers could not shift the tax forward as a higher oil selling price because the purchaser would merely substitute imported or tax-exempt crude. It is estimated that, depending on the assumed supply curve price elasticity, the tax reduced domestic oil production from between 320 million barrels (1.2% of do-mestic production) and 1,268 million barrels (4.8% of domestic production). The effect of reducing domestic oil production was to increase the level of imported oil.

Since 1988, no windfall profit tax has been enacted in the U.S. However, when gas prices once again reached record levels there was renewed pressure on the U.S. government to bring back the tax. At least seven bills that purported to tax windfall profits of crude oil producers were introduced in the 110th United States Congress during 2008. President Obama has said repeatedly he would sign such a bill. As he was campaigning in Ra-leigh, North Carolina in June 2008 Obama was quoted as saying:

"I'll make oil companies like Exxon pay a tax on their windfall profits, and we'll use the money to help families pay for their skyrocketing energy costs and other bills"

This is likely not an “if” but “when” scenario with triggers in place. We believe this bill will be enacted when oil either hits $4 a gallon in California or $100 a barrel. As we have watched the value of the leading domestic oil index remained flat while the price of a barrel of oil has nearly double in the last 8 months, which suggests we’re not the only ones who’ve noticed the striking similarity between today’s environment and the late 70s. The price of oil may be on the rise but if history is any guide, domestic oil companies will not be the best proxy for the price of oil with government intervention looming.

Source: http://en.wikipedia.org/wiki/Windfall_profits_tax, http://www.reuters.com/article/topNews/idUSWAT00963020080609


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The price of oil has
nearly doubled since
October 2008. But,
the stock of domestic
oil companies has
remained flat...what
could they be
anticipating?

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