Currents - Energy Industry Insights: Issue 40, October 2020

West Virginia Supreme Court Hears Arguments in Horizontal Drilling Taxation Case Involving Antero -

"At issue is a consumer sales tax assessment of around $1 million the West Virginia State Tax Department has levied on Antero Resources Corp."

Why this is important: Natural gas producers operating in remote areas of West Virginia spend an extraordinary amount of money on skid houses, portable restrooms, and trash bins to support the workers at their drilling sites. The question now before the Supreme Court of Appeals of West Virginia is whether those items are “directly used or consumed” in the production of natural resources—that is “used or consumed in those activities or operations which constitute an integral and essential part of the activities.” ...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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