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3 oil and gas investments that bring big tax savings

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Oil and gas investments tapping into tax advantages for drilling costs, qualified opportunity zones and 1031 exchanges could bring valuable returns with fewer payments to Uncle Sam.

Financial advisors working with high net worth investors or other clients seeking diversification with tax savings should consider alternative investments in oil and gas, according to Matthew Iak, executive vice president of the U.S. Energy Development Corporation, which invests in, operates and drills wells. While renewable energy gets its own tax advantages, some tailwinds are gusting behind oil and gas assets based on the higher likelihood that incoming President Donald Trump and the Republican-led Congress will extend policies such as the opportunity zones and expand the record production and growth started under President Joe Biden.

For high net worth and other accredited investors, the oil and gas assets represent “a really great financial planning tool” and a change in recent years in an energy industry in which “the tax tail used to wag the investment dog,” Iak said in an interview.

“Energy has designed itself very well to take advantage of these tax arbitrages,” Iak said. “It used to be a very tax-driven industry that wasn’t always as economically driven, and I think that paradigm has shifted as a whole in the last five to seven years.”

READ MORE: The best- and worst-performing energy ETFs of the decade

The asset class remains a volatile one subject to an array of macroeconomic and geopolitical factors that are delivering “more uncertainty in energy markets heading into a new year than any year since the pandemic,” according to an outlook report for 2025 by S&P Global Commodity Insights. Wars in Ukraine and the Middle East, U.S.-China tensions, electricity demand for artificial intelligence and possible tariffs or pullouts from international climate agreements add up to just a few of them. Political pushback against ESG and bad actors’ frequent use of schemes tied to energy investing bring further potential risks or rewards.

“There are emerging technological and fundamental trends that will clearly have an impact on markets over the coming year, although how significant their impact will be is uncertain,” S&P Global Commodity Co-President Dave Ernsberger said in a statement.

Still, the prospects for energy investments in general for 2025 look “bright,” according to a December note by Fidelity Investments portfolio managers Maurice FitzMaurice and Kristen Dougherty. Other elements of the equation are weighing more heavily than the outcome of the election, which “should not have a significant impact on oil markets,” they wrote.

“The price of crude oil is likely to remain elevated in 2025 due to rising global demand, constrained global supply and elevated geopolitical risk,” their outlook report’s key takeaways read. “More energy producers are likely to boost crude-oil production in an environment of higher prices. Elevated crude-oil prices make it easier for many energy companies to generate higher profits, especially energy producers and energy equipment and services companies.”

Against that larger backdrop, Iak focused on three possible forms of private investments that are different from a publicly traded energy company’s stock or a sector-focused ETF.

READ MORE: Goldman Sachs on what 2025 might bring for markets

Drilling deductions

The first revolves around Section 263(c) of the Tax Code, which enables the deduction of intangible drilling costs for new oil and gas wells and future depreciation expenses on the equipment at the facilities. Investing in a new oil well could help advisors and their clients reduce their annual income for tax-bracket purposes while opening opportunities for strategies such as a Roth conversion or savings on a required minimum distribution from an individual retirement account and qualifying for greater deductions on the profits of pass-through entities.

“You’re able to write the dollar off, and most of it in the calendar year that you invest,” Iak said. “In financial planning, if you like the underlying investment, most importantly, and you can pair that with tax planning, it becomes a really amazing tool. You can net a lot of money when you do this right. …  It becomes a key to accomplish something in financial planning.”

Opportunity zones

Oil and gas or renewable energy investments in economically distressed areas designated as “qualified opportunity zones” under the Tax Cuts and Jobs Act come with further tax advantages. Deferral of taxes on capital gains and duty-free growth after a decade tack on additional savings on top of the underlying returns. That’s why Iak refers to opportunity zones as “a mega-Roth for capital gains” and, although he admits he is “very biased” in saying so, why he believes they are “the single greatest tax code ever written,” he said.

With lawmakers expected to enshrine opportunity zones past their current expiration in 2027 as part of this year’s tax debate, rural areas such as some parts of the famed Permian Basin in Texas could garner an influx of investments, Iak added.

“Most of the benefits will be after 10 years, but that’s the design. You want that money to keep growing and growing and growing,” he said. “I think they’re going to grow immensely when they re-up this, especially with some of the potential rules that they’re putting in there.”

READ MORE: All about alts: The cases for (and against) private investments

1031 exchanges

The tax efficiency of other investments that traditionally seem devoted to different parts of a portfolio apply to some energy plays, too.

While 1031 exchanges usually relate to real estate investments in which an owner who sells one property and uses the proceeds to buy a similar “like-kind” asset can defer the taxes on their capital gains, they work for certain energy holdings as well. Some energy investments meet the strict requirements for so-called real property that would be eligible for a 1031 exchange — even if the original asset is an apartment building. Of course, careful legal counsel about the right structure for the transaction will ensure the highest possible savings.

“It tends to work extremely well for mineral rights,” Iak said. “It works just like any other 1031 exchange, and most people aren’t even aware of it.”

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Accounting

Texas court halts Corporate Transparency Act in another lawsuit

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A federal court in Texas has issued another preliminary injunction and stay halting enforcement of the Corporate Transparency Act and its beneficial ownership information reporting requirement, which were already on hold following a recent reversal by a federal appeals court.

The U.S. District Court for the Eastern District of Texas, Tyler Division, issued the preliminary injunction and nationwide stay yesterday. The same district court’s Sherman Division, had issued an earlier injunction last month in the case of Texas Top Cop Shop v. Garland. A panel of judges on a federal appeals court temporarily lifted the injunction late last month, but another panel of judges on the same court reinstated it only days later. The Justice Department filed an emergency request last week with the U.S. Supreme Court to lift the injunction.

The decision on Tuesday involved a case with a pair of plaintiffs, Samantha Smith and Robert Means, suing the U.S. Treasury Department. They had formed LLCs under Texas law to hold real property in the state. In an opinion, Judge Jeremy Kernodle held the law likely exceeds federal authority, finding that the government’s theory of government power was “unlimited” and its actions were probably unconstitutional.

“The Corporate Transparency Act is unprecedented in its breadth and expands federal power beyond constitutional limits,” he wrote. “It mandates the disclosure of personal information from millions of private entities while intruding on an area of traditional state concern.”

He noted that the LLCs do not buy, sell or trade goods or services in interstate commerce or own any interstate or foreign assets. 

The CTA passed as part of the National Defense Authorization Act in 2021 and requires businesses to disclose their true owners as a way to deter shell companies from carrying out illicit activities such as money laundering, terrorist financing, human trafficking and tax fraud. Businesses are required to file beneficiai ownership information reports with the Treasury Department’s Financial Crimes Enforcement Network. FinCEN has since announced that companies are not currently required to file BOI reports with FinCEN and are not subject to liability if they fail to do so while the court order remains in force. However, they can continue to voluntarily submit BOI reports. New businesses began filing the reports when the CTA took effect on Jan. 1, 2024, but existing businesses weren’t supposed to be subject to the requirement until Jan. 1, 2025. However, that requirement is currently on hold. An earlier decision in a separate lawsuit had exempted members of the National Small Business Association from the requirement.

The Texas Public Policy Foundation is representing the two property owners challenging the CTA, arguing that the law violates federal Commerce Clause powers under the Constitution and undermines the principles of limited government and individual liberty. 

“The court’s decision affirms the principle that federal government power is not unlimited,” said TPPF general counsel Robert Henneke in a statement Wednesday. “This ruling is a powerful reminder that our Constitution limits federal power to protect individual rights and economic freedom.”

“The government’s theory of power in this case was effectively unlimited,” said Chance Weldon, director of the Center for the American Future at TPPF, in a statement. “The district court’s opinion is not only a win for our clients, but ordinary Americans everywhere.”

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FAF seeks nominations for leadership, advisory roles

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The Financial Accounting Foundation today formally opened the search for several leadership roles.

The FAF Board of Trustees’ Appointments Committee is seeking nominations for these positions, which include chair and members of the Board of Trustees, the FAF’s executive director, Financial Accounting Standards Board member, and chair of the Financial Accounting Standards Advisory Council.

FAF executive director

Current FAF executive director John Auchincloss announced in December 2024 that he will retire from his post on Sept. 30, 2025. 

The executive director leads a team of 45 who provide support services to the FASB and the Governmental Accounting Standards Board, including communications and public affairs, legal, IT, human resources, publishing, financial management and administration. The role supports the FAF Trustees, who ultimately oversee the FASB and GASB Boards and their advisory councils. The executive director, in collaboration with the FAF chair, also sets the organization’s U.S. and international outreach strategies.

A full description of the FAF executive director role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at a confidential, dedicated email address [email protected] by Feb. 24, 2025.

FAF Board of Trustees chair

The chair of the FAF Trustees is involved in all major Trustee decisions related to strategy, appointments, oversight and governance, and in representing the organization with high-level stakeholders and regulators.

The new chair will be appointed for a three-year term beginning Jan. 1, 2026, through Dec. 31, 2028, and can stand for reappointment to a second three-year term beginning in 2029.

A full description of the FAF Board chair role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at [email protected] by Feb. 24, 2025.

FAF Board of Trustees at-large member

The FAF Board of Trustees oversees and supports the FASB and the GASB, and exercises general oversight of the organization except regarding technical decisions related to standard setting.

The FAF is recruiting several “at-large” trustees — individuals with business, investment, capital markets, accounting, and business academia, financial, government, regulatory, investor advocate, or other experience.

A full description of the FAF trustee role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at [email protected] by Feb. 24, 2025.

FASB member

FASB members develop financial reporting standards that result in useful information for investors and other financial-statement users. The FASB member roles are full time and based in Norwalk, Connecticut. 

“These are senior and prestigious appointments, demanding not only a high degree of technical accounting expertise but also a high level of understanding of the global financial reporting environment,” the FAF announcement reads.

The official start date for the position would be July 1, 2026, but the newly appointment member would be expected to start some time earlier than year to ensure a successful transition. The five-year term extends through June 30, 2031, at which time the member would be eligible to be considered for reappointment. 

A full description of the FASB member role can be found here. Nominations should be submitted to executive search firm Spencer Stuart at [email protected] by Feb. 24, 2025.

FASAC chair

The chair is the principal officer of the FASAC and advises the FASB on projects on the FASB’s agenda, possible new agenda items and priorities, procedural matters that may require the attention of the FASB, and other matters. The chair is responsible for guiding discussion at FASAC meetings and for implementing and directing the broad operating processes of the FASAC. 

The chair may be appointed for up to a four-year term, or a shorter period of time as agreed upon, and may be eligible for reappointment. 

A full description of the FASAC chair role can be found here. Nominations should be submitted to FAF human resources at a confidential and dedicated email address [email protected] by Feb. 24, 2025.

Headquarters of the Financial Accounting Foundation, Financial Accounting Standards Board and Governmental Accounting Standards Board

Courtesy of the FAF, FASB and GASB

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Accounting

Grant Thornton CEO steps down

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Top 10 Firm Grant Thornton announced that its CEO, Seth Siegel, is stepping down from his position after 30 years with the firm, though will still remain involved as a senior advisor.

“I have called Grant Thornton home for almost three decades and am proud to have been part of this amazing team and organization, which has solidified its standing as the destination of choice for clients and talent alike,” said Siegel in the firm’s official statement. He felt that, with Grant Thornton positioned for what he said was strong continued growth, it was the right time to step down. In a LinkedIn post, Siegel said the move will allow him to pursue other ambitions, focus on his health and spend more time with his family.

The new CEO will be Jim Peko, current chief operating officer of Grant Thornton Advisors LLC.

“I thank Seth for all he has done to help transform Grant Thornton so adeptly for the future. He has been a colleague, mentor and friend to so many of us, and a tireless advocate for the firm’s best interests. As CEO, my priorities will focus on accelerating our current business strategy and solidifying our standing in the marketplace as a unique global platform, driven by quality, culture and differentiated capabilities. We will continue to be the employer of choice for the industry and always capitalize on compelling opportunities before us as we drive meaningful growth,” said Peko.

Siegel expressed his confidence in Peko, saying he has worked closely with him for many years.

“Jim and I have worked closely together for many years, and he is the right leader for this new chapter — one who knows Grant Thornton well and has been integral to our many recent accomplishments and our quality-focused delivery,” he said.

Siegel became a partner in 2006, became managing partner of South Florida in 2020, and became CEO in 2022.

The announcement comes shortly after the completion of the merger between Grant Thornton Advisors LLC in the U.S. and Grant Thornton Ireland. At the time it was said that Grant Thornton Advisors CEO Seth Siegel would continue in his leadership role at the combined firm, while former Grant Thornton Ireland CEO Steve Tennant would become a member of Grant Thornton Advisors’ executive committee.

Grant Thornton laid off about 150 employees in the U.S. last November across the advisory, tax and audit businesses after the deal was announced. Its U.K. firm also received private equity investment last November from Cinven, which acquired a majority share of Grant Thornton U.K.

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