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BP Seeks USD10bn Tax Credit,
by Leroy Baker, Tax-News.com, New York
Thursday, July 29, 2010
BP has included a tax credit claim of almost USD10bn in its second quarter
results as the company seeks to mitigate the impact of the Gulf of Mexico oil
spill on its finances - a move which is unlikely to pour oil on troubled political
waters.
BP's group income statement for the second quarter reflects a pre-tax charge
of USD32.2bn related to the oil spill and a tax credit of USD9.79bn.
Under US tax laws, BP, like any other company operating in America, is perfectly
entitled to deduct a proportion of its losses against US tax, but there is likely to be a lively debate in Washington over the matter in the days ahead.
When asked whether pressure would be brought to bear by the administration
on BP to forgo the tax credit, White House spokesman Robert Gibbs replied that:
"American taxpayers will not be responsible for any costs related to the
spill."
However, Gibbs refused to confirm that BP will be asked by President Obama
not to claim the credit.
"The administration will ensure that any action that BP takes... respects
the law as it is," he said. "I don’t think anybody would prefer
that they do that (claim the credit). There are tax laws in this country that have been written
for quite some time."
Gibbs somewhat opaque comments reflect perhaps the fact that legally, the US
government can do very little to prevent BP from claiming the tax credit. However,
rumblings of discontent are already beginning to surface among Congressional
Democrats; Rep. James Oberstar, the Democratic chairman of the committee on
transportation and infrastructure, remarked in a statement that BP's decision
to claim the tax credit was "nothing short of reprehensible." It is
thought that the tax-writing Ways and Means Committee, chaired by Michigan Democrat
Sander Levin, may seek a change of law in this area.
There is also concern that BP could claim a deduction for the USD20bn escrow
fund that it has agreed to set up to compensate victims of the oil spill along
the Gulf coast, although the company is not expected to do so.
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