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Loophole

Oil & Gas Working Interests

The only asset class where losses are non-passive by statute.

Overview

Under §469(c)(3), a working interest in oil and gas held directly (not through an LP) is non-passive by statute — losses offset any income. Intangible Drilling Costs (IDCs) are 70–85% deductible in year one. A $100k investment can generate $70–85k in immediate deductions against W-2 or business income, plus depletion allowance on production.

Best fit
High W-2 earnersYear-end tax planningAccredited investors
Estimated impact
70–85% first-year deduction on invested capital

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