if the rates for such furnishing or sale, as the case may be, are regulated, i.e., have been established or approved by a regulatory body described in section 167(l)(3)(A). The term "regulatory body described in section 167(l)(3)(A)" means a State (including the District of Columbia) or political subdivision thereof, any agency or instrumentality of the United States, or a public service or public utility commission or other body of any State or political subdivision thereof similar to such a commission. The term "established or approved" includes the filing of a schedule of rates with a regulatory body which has the power to approve such rates, even though such body has taken no action on the filed schedule or generally leaves undisturbed rates filed by the taxpayer involved.
If, on or after August 1, 1969, the taxpayer files an amended return for the taxable year referred to in subdivisions (i) and (ii) of this subparagraph, such amended return shall not be taken into consideration in determining the applicable 1968 method. The term "applicable 1968 method" if such new method results to any public utility property, for the year of change and subsequent years, a method of depreciation otherwise allowable under section 167 to which the taxpayer changes from an applicable 1968 method if such new method results in a lesser allowance for depreciation for such property under section 167 in the year of change and the taxpayer secures the Commissioner's consent to the change in accordance with the procedures of section 446(e) and § 1.446-1 .
Property held in 1970 | Placed in service | Method on 1967 return | Applicable 1968 method |
Group 1 | Before 1965 | Straight line | Straight line. |
Group 2 | After 1964 and before 1968 | Double declining balance | Double declining balance. |
Group 3 | After 1967 and before 1969 | Do. | |
Group 4 | After 1968 | Do. |
(1) Depreciation allowance on tax return (determined without regard to section 167(l) and § 1.167(a)-11(b) (6) ) | $114,285 |
(2) Line (1), recomputed using a straight line method | 57,142 |
(3) Difference in depreciation allowance attributable to different methods (line (1) minus line (2)) | $57,143 |
(4) Amount to add to reserve under this paragraph (48 percent of line (3)) | 27,429 |
(5) Amount in line (2) | $57,142 |
(6) Line (5), recomputed by using an estimated useful life of 22 years and the half-year convention | 45,454 |
(7) Difference in depreciation allowance attributable to difference in depreciation periods | $11,688 |
(8) Amount to add to reserve under § 1.167(a)-11(b) (6) (ii) (48 percent of line (7)) | 5,610 |
If, for its depreciation expense for purposes of determining its cost of service for ratemaking purposes and for reflecting operating results in its regulated books of account, X had used a period in excess of the asset guideline period of 22 years, the total amount in lines (4) and (8) in this example would not be changed.
January 1-31 | $310,000 |
February 1-28 | 300,000 |
March 1-31 | 300,000 |
April 1-30 | 280,000 |
May 1-31 | 270,000 |
June 1-30 | 260,000 |
July 1-31 | 260,000 |
August 1-31 | 250,000 |
September 1-30 | 240,000 |
$2,470,000 |
For its regulated books of account X accrues such increases as of the last day of the month but as a matter of convenience credits increases or charges decreases to the reserve account on the 15th day of the month following the whole month for which such increase or decrease is accrued. The maximum amount that may be excluded from the rate base is $2,470,879 (the amount in the reserve at the end of the historical portion of the period ($1,300,000) and a pro rata portion of the amount of any projected increase for the future portion of the period to be credited to the reserve ($1,170,879)). Such pro rata portion is computed (without regard to the date such increase will actually be posted to the account) as follows:
$310,000 * 243/273 = | $275,934 |
300,000 * 215/273 = | 236,264 |
300,000 * 184/273 = | 202,198 |
280,000 * 154/273 = | 157,949 |
270,000 * 123/273 = | 121,648 |
260,000 * 93/273 = | 88,571 |
260,000 * 62/273 = | 59,048 |
250,000 * 31/273 = | 28,388 |
240,000 * 1/273= | 879 |
$1,170,879 |
Assume the same facts as in example (1) except that for purposes of establishing cost of service the Z Power Commission uses a future test year (1975). The rates are contemplated to be in effect for 1975, 1976, and 1977. Assume further that plant additions, depreciation expense, and taxes are projected to the end of 1975 and that the reserve for deferred taxes under section 167(l) is $1,300,000 for 1974 and is projected to be $4,400,000 at the end of 1975. Assume also that the Z Power Commission applies the rate of return to X's 1974 rate base of $145,000,000. X and the Z Power Commission through negotiation arrive at the level of approved rates. X uses a normalization method of regulated accounting only if the settlement agreement, the rate order, or record of the proceedings of the Z Power Commission indicates that the Z Power Commission did not exclude an amount representing the reserve for deferred taxes from X's rate base ($145,000,000) greater than $1,300,000 plus a pro rata portion of the projected increases and decreases that are to be credited or charged to the reserve account for 1975. Assume that for 1975 quarterly net increases are projected to be:
1st quarter | $910,000 |
2nd quarter | 810,000 |
3rd quarter | 750,000 |
4th quarter | 630,000 |
Total | $3,100,000 |
For its regulated books of account X will accrue such increases as of the last day of the quarter but as a matter of convenience will credit increases or charge decreases to the reserve account on the 15th day of the month following the last month of the quarter for which such increase or decrease will be accrued. The maximum amount that may be excluded from the rate base is $2,591,480 (the amount of the reserve at the beginning of the period ($1,300,000) plus a pro rata portion ($1,291,480) of the $3,100,000 projected increase to be credited to the reserve during the period). Such portion is computed (without regard to the date such increase will actually be posted to the account) as follows:
$910,000 * 276/365= | $688,110 |
810,000 * 185/365= | 410,548 |
750,000 * 93/365= | 191,096 |
630,000 * 1/365= | 1,726 |
$1,291,480 |
26 C.F.R. §1.167(l)-1