138A Disposal of oil licences etc.

1

For the purposes of section 138 where—

a

a person (“the transferor”) disposes of any interest in an oil licence to another (“the transferee”), and

b

part of the value of that interest is attributable to any allowable exploration expenditure incurred by the transferor,

that disposal shall be deemed (subject to section 138B) to be a disposal by which an asset representing the allowable exploration expenditure to which that part of the value is attributable ceases to belong to the transferor.

2

Section 138 shall have effect in relation to the disposal of an interest in an oil licence, to the extent that the disposal is treated by virtue of subsection (1) above as a disposal of an asset representing allowable exploration expenditure, as if the disposal value of the asset were an amount equal to such part of the transferee’s expenditure on acquiring the interest as it is just and reasonable to attribute to the part of the value of that interest that is attributable to the allowable exploration expenditure.

3

In this section and section 138B references to allowable exploration expenditure are references to any allowable scientific research expenditure of a capital nature incurred on mineral exploration and access.

4

In this section and section 138B—

• “foreign oil concession” means any right to search for or win overseas petroleum, being a right conferred or exercisable (whether or not by virtue of a licence) in relation to a particular area;

  “interest” in relation to an oil licence, includes, where there is an agreement which—

  1. a

     relates to oil from the whole or any part of the area to which the licence applies, and

  2. b

     was made before the extraction of the oil to which it relates,

  any entitlement under that agreement to, or to a share of, either that oil or the proceeds of its sale;

• “mineral exploration and access” has the same meaning as in Part IV;

  “oil”—

  1. a

     except in relation to a UK licence, means any petroleum; and

  2. b

     in relation to such a licence, has the same meaning as in Part I of the M1Oil Taxation Act 1975;

• “oil licence” means any UK licence or foreign oil concession;

  “overseas petroleum” means any petroleum that exists in its natural condition at a place to which neither the M2Petroleum (Production) Act 1934 nor the M3Petroleum (Production) Act (Northern Ireland) 1964 applies;

  “petroleum” has the M4same meaning as in the Petroleum (Production) Act 1934; and

  “UK licence” means a licence within the meaning of Part I of the Oil Taxation Act 1975.

138B Disposal of oil licences: election for alternative tax treatment.

1

Subsections (2) and (3) below apply where—

a

a person (“the transferor”) disposes of any interest in an oil licence to another (“the transferee”) during the transitional period;

b

part of the value of the interest is attributable to allowable exploration expenditure incurred by the transferor; and

c

an election is made in accordance with this section specifying an amount as the amount to be treated as so attributable.

2

Section 138 shall have effect in relation to the disposal as if—

a

the disposal were a disposal by which an asset representing the allowable exploration expenditure ceases to belong to the transferor; and

b

the disposal value of that asset were an amount equal to the amount specified in the election.

3

For the purposes of Part IV, the amount of any expenditure incurred—

a

by the transferee in acquiring the interest from the transferor, or

b

by any person subsequently acquiring the interest (or an interest deriving from the interest),

which is taken to be attributable to expenditure incurred, before the disposal to the transferee, on mineral exploration and access shall be the lesser of the amount specified in the election and the amount which, apart from this subsection, would be taken to be so attributable.

4

An election—

a

shall be made by notice to the Board given by the transferor; and

b

subject to subsection (5) below, shall not have effect unless a copy of it is served on the transferee and the transferee consents to it.

5

If the Special Commissioners are satisfied—

a

that the disposal was made under or in pursuance of an agreement entered into by the transferor and the transferee on the mutual understanding that a quantified (or quantifiable) part of the value of the interest disposed of was attributable to allowable exploration expenditure, and

b

that the part quantified in accordance with that understanding and the amount specified in the election are the same,

they may dispense with the need for the transferee to consent to the election.

6

Any question falling to be determined by the Special Commissioners under subsection (5) above shall be determined by them in like manner as if it were an appeal; but both the transferor and the transferee shall be entitled to appear and be heard by those Commissioners or to make representations to them in writing.

7

Subject to subsection (8) below, an election may specify any amount, including a nil amount, as the amount to be treated as mentioned in subsection (1)(c) above.

8

Where—

a

a return has been made for a chargeable period of the transferor, and

b

the return includes, at the time when it is made, an amount which, disregarding the provisions of this section, would be treated under section 138 as a trading receipt accruing in that period,

the election must not specify an amount less than the amount included in the return unless the Board agrees the lesser amount in question.

9

An election made in accordance with this section—

a

is irrevocable; and

b

shall not be varied after it is made.

10

For the purposes of this section a disposal is a disposal made during the transitional period if it is one made—

a

before 13th September 1995; or

b

on or after that date in pursuance of any obligation to make the disposal which, immediately before that date, was an unconditional obligation.

11

For the purposes of subsection (10) above, the fact that a third party who is not connected with the transferor or the transferee may, by exercising any right or withholding any permission, prevent the fulfilment of an obligation does not prevent the obligation from being treated as unconditional.

12

In subsection (11) above the reference to a third party is a reference to any person, body, government or public authority, whether within or outside the United Kingdom; and section 839 of the principal Act (connected persons) applies for the purposes of that subsection.

13

All such assessments and adjustments of assessments shall be made as may be necessary to give effect to this section.

2

Section 138A shall have effect for the purposes of subsection (1) above in relation to expenditure on mineral exploration and access as it has effect for the purposes of section 138 in relation to allowable scientific research expenditure of a capital nature.