Modifications etc. (not altering text)
C1Pt. 12 Ch. 5 modified (27.7.1999) by Finance Act 1999 (c. 16), s. 98
Modifications etc. (not altering text)
C2Pt. 12 Ch. 5 applied (29.4.1996) by Finance Act 1996 (c. 8), Sch. 8 para. 1(4)
(1)Any sum which—
(a)constitutes a tariff receipt of a person who is a participator in an oil field, and
(b)constitutes consideration in the nature of income rather than capital, and
(c)would not, apart from this subsection, be treated for the purposes of this Chapter as a receipt of the separate trade referred to in section 492(1),
shall be so treated for those purposes.
(2)To the extent that they would not otherwise be so treated, the activities of a participator in an oil field or a person connected with him in making available an asset in a way which gives rise to tariff receipts of the participator shall be treated for the purposes of this Chapter as oil extraction activities.
(3)In determining for the purposes of subsection (1) above whether any sum constitutes a tariff receipt of a person who is a participator, no account shall be taken of any sum which—
(a)is in fact received or receivable by a person connected with the participator, and
(b)constitutes a tariff receipt of the participator,
but in relation to the person by whom such a sum is actually received, subsection (1) above shall have effect as if he were a participator and as if the condition in paragraph (a) of that subsection were fulfilled.
(4)References in this section to a person connected with a participator include references to a person with whom the person is associated within the meaning of paragraph 11 of Schedule 2 to M1the Oil Taxation Act 1983.
Marginal Citations