[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.193-1]

[Page 266-267]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.193-1  Deduction for tertiary injectant expenses.

    (a) In general. Subject to the limitations and restrictions of 
paragraphs (c) and (d) of this section, there shall be allowed as a 
deduction from gross income an amount equal to the qualified tertiary 
injectant expenses of the taxpayer. This deduction is allowed for the 
later of:
    (1) The taxable year in which the injectant is injected, or
    (2) The taxable year in which the expenses are paid or incurred.
    (b) Definitions--(1) Qualified tertiary injectant expenses. Except 
as otherwise provided in this section, the term qualified tertiary 
injectant expense means any cost paid or incurred for any tertiary 
injectant which is used as part of a tertiary recovery method.
    (2) Tertiary recovery method. Tertiary recovery method means:
    (i) Any method which is described in subparagraphs (1) through (9) 
of section 212.78(c) of the June 1979 energy regulations (as defined by 
section 4996(b)(8)(C)),
    (ii) Any method for which the taxpayer has obtained the approval of 
the Associate Chief Counsel (Technical), under section 4993(d)(1)(B) for 
purposes of Chapter 45 of the Internal Revenue Code,
    (iii) Any method which is approved in the regulations under section 
4993(d)(1)(B), or
    (iv) Any other method to provide tertiary enhanced recovery for 
which the taxpayer obtains the approval of the Associate Chief Counsel 
(Technical) for purposes of section 193.
    (c) Special rules for hydrocarbons--(1) In general. If an injectant 
contains more than an insignificant amount of recoverable hydrocarbons, 
the amount deductible under section 193 and paragraph (a) of this 
section shall be limited to the cost of the injectant reduced by the 
lesser of:
    (i) The fair market value of the hydrocarbon component in the form 
in which it is recovered, or
    (ii) The cost to the taxpayer of the hydrocarbon component of the 
injectant. Price levels at the time of injection are to be used in 
determining the fair market value of the recoverable hydrocarbons.
    (2) Presumption of recoverability. Except to the extent that the 
taxpayer can demonstrate otherwise, all hydrocarbons shall be presumed 
recoverable and shall be presumed to have the same value on recovery 
that they would have if separated from the other components of the 
injectant before injection. Estimates based on generally accepted 
engineering practices may provide evidence of limitations on the amount 
or value of recoverable hydrocarbons.
    (3) Significant amount. For purposes of section 193 and this 
section, an injectant contains more than an insignificant amount of 
recoverable hydrocarbons if the fair market value of the recoverable 
hydrocarbon component of the injectant, in the form in which it is 
recovered, equals or exceeds 25 percent of the cost of the injectant.
    (4) Hydrocarbon defined. For purposes of section 193 and this 
section, the term hydrocarbon means all forms of natural gas and crude 
oil (which includes oil recovered from sources such as oil shale and 
condensate).
    (5) Injectant defined. For purposes of applying this paragraph (c), 
an injectant is the substance or mixture of substances injected at a 
particular time. Substances injected at different times are not treated 
as components of a single injectant even if the injections are part of a 
single tertiary recovery process.
    (d) Application with other deductions. No deduction shall be allowed 
under section 193 and this section for any expenditure:
    (1) With respect to which the taxpayer has made an election under 
section 263(c) or
    (2) With respect to which a deduction is allowed or allowable under 
any other provision of chapter 1 of the Code.
    (e) Examples. The application of this section may be illustrated by 
the following examples:


[[Page 267]]


    Example 1. B, a calendar year taxpayer why uses the cash receipts 
and disbursements method of accounting, uses an approved tertiary 
recovery method for the enhanced recovery of crude oil from one of B's 
oil properties. During 1980, B pays $100x for a tertiary injectant which 
contains 1,000y units of hydrocarbon; if separated from the other 
components of the injectant before injection, the hydrocarbons would 
have a fair market value of $80x. B uses this injectant during the 
recovery effort during 1981. B has not made any election under section 
263(c) with respect to the expenditures for the injectant, and no 
section of chapter 1 of the Code other than section 193 allows a 
deduction for the expenditure. B is unable to demonstrate that the value 
of the injected hydrocarbons recovered during production will be less 
than $80x. B's deduction under section 193 is limited to the excess of 
the cost for the injectant over the fair market value of the hydrocarbon 
component expected to be recovered ($100x-$80x=$20x). B may claim the 
deduction only for 1981, the year of the injection.
    Example 2. Assume the same facts as in Example 1 except that through 
engineering studies B has shown that 700y units or 70 percent of the 
hydrocarbon injected is nonrecoverable. The recoverable hydrocarbons 
have a fair market value of $24x (30 percent of $80x). The recoverable 
hydrocarbon portion of the injectant is 24 percent of the cost of the 
injectant ($24x divided by $100x). The injectant does not contain a 
significant amount of recoverable hydrocarbons. B may claim a deduction 
for $100x, the entire cost of the injectant.
    Example 3. Assume the same facts as in Example 1 except that through 
laboratory studies B has shown that because of chemical changes in the 
course of production the injected hydrocarbons that are recovered will 
have a fair market value of only $40x. B may claim a deduction for $60x, 
the excess of the cost of the injectant ($100x) over the fair market 
value of the recoverable hydrocarbons ($40x).
    Example 4. B prepares an injectant from crude oil and certain non-
hydrocarbon materials purchased by B. The total cost of the injectant to 
B is $100x, of which $24x is attributable to the crude oil. The fair 
market value of the crude oil used in the injectant is $27x. B is unable 
to demonstrate that the value of the crude oil from the injectant that 
will be recovered is less than $27x. The injectant contains more than an 
insignificant amount of recoverable hydrocarbons because the value of 
the recoverable crude oil ($27x) exceeds $25x (25 percent of $100x, the 
cost of the injectant). Because the cost to B of the hydrocarbon 
component of the injectant ($24x) is less than the fair market value of 
the hydrocarbon component in the form in which it is recovered ($27x), 
the cost rather than the value is taken into account in the adjustment 
required under paragraph (c)(1) of this section. B's deduction under 
section 193 is limited to the excess of the cost of the injectant over 
the cost of the hydrocarbon component ($100x-$24x=$76x).

(Secs. 193 and 7805, Internal Revenue Code of 1954, 94 Stat. 286, 26 
U.S.C. 193; 68A Stat. 917, 26 U.S.C. 7805)

[T.D. 7980, 49 FR 39052, Oct. 3, 1984]