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PART 2 U.K.Oil

Decommissioning security settlementsU.K.

86Removal of IHT charges in respect of decommissioning security settlementsU.K.

(1)In Chapter 3 of Part 3 of IHTA 1984 (settled property: settlements without interests in possession etc), section 58 (relevant property) is amended as follows.

(2)In subsection (1), omit the “and” at the end of paragraph (ea) and before paragraph (f) insert—

(eb)property comprised in a decommissioning security settlement; and.

(3)At the end insert—

(6)For the purposes of subsection (1)(eb) above a settlement is a “decommissioning security settlement” if the sole or main purpose of the settlement is to provide security for the performance of obligations under an abandonment programme.

(7)In subsection (6)—

(4)This section is treated as having come into force on 20 March 1993.

(5)For the purposes of section 58 of IHTA 1984—

(a)any reference in that section to Part 4 of the Petroleum Act 1998 has effect, in relation to any period before the coming into force of that Part, as a reference to Part 1 of the Petroleum Act 1987, and

(b)section 38A of the Petroleum Act 1998 is to be treated as having come into force at the same time as this section.

(6)There is to be no charge to tax under section 65 of IHTA 1984 if the only reason for such a charge would be that property ceases to be relevant property by virtue of the coming into force of this section.

87Loan relationships arising from decommissioning security settlementsU.K.

(1)In Part 8 of CTA 2010 (oil activities), after section 287 insert—

287ARestriction where debits or credits relate to decommissioning security settlement

(1)No debits or credits are to be brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) in respect of a company's loan relationship so far as the loan relationship is in respect of property comprised in a decommissioning security settlement.

(2)For the purposes of this section a settlement is a “decommissioning security settlement” if the sole or main purpose of the settlement is to provide security for the performance of obligations under an abandonment programme.

(3)In subsection (2)—

(2)In section 464 of CTA 2009 (priority of Part 5 for corporation tax purposes), in subsection (3)(e), for “and 287” substitute “ to 287A ”.

(3)The amendments made by this section have effect in relation to accounting periods beginning on or after the day on which this Act is passed.