Oil Taxation Act 1975
1975 c. 22 · Enacted 8 May 1975 · Extends to United Kingdom
An Act to impose a new tax in respect of profits from substances won or capable of being won under the authority of licences granted under the Petroleum (Production) Act 1934 or the Petroleum (Production) Act (Northern Ireland) 1964; to make in the law relating to income tax and corporation tax amendments connected with such substances or with petroleum companies; and for connected purposes.
Annotations to the whole text
Modifications
- C1
This Act is presented in the form in which it appears in the 1988 edition of The Taxes Acts (published by HMSO) and incorporating amendments made by the 1989 Inland Revenue Supplement and 1991 Statutes in Force Supplement. The style of editing differs from that applicable to most Acts published in Statutes in Force.
- C2
General amendments etc. to Tax Acts (or Income Tax Acts or Corporation Tax Acts as the case may be) made by Taxes Management Act 1970 (c. 9, SIF 63:1), s. 41A(7) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 95(1)(2), British Telecommunications Act 1981 (c. 38, SIF 96), s. 82(2)(7); Telecommunications Act 1984 (c. 12, SIF 96), s. 72(3); Finance Act 1984 (c. 43, SIF 63:1), ss. 82(6), 85(2), 89(1)(7), 96(1)(7), 98(7), Sch. 9 para. 3(2)(9), Sch. 16 paras. 6, 12 and Finance Act 1985 (c. 54, SIF 63:1), ss. 72(1), 74(5), Sch. 23 para. 15(4), S.I. 1987/530, regs. 11(2), 13(1), 14, Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 4, 6, 7, 9, 32, 34, 78, 134, 135, 141, 142, 185, 191, 193, 194, 195, 200, 203, 209, 212, 213, 219, 247, 253, 272, 287, 314, 315, 317, 318, 325, 326, 327, 345, 350, 351, 368, 375, 381, 397, 414, 432, 440, 442, 446, 458, 460, 461, 463, 463(2)(3) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 50(2) ), 468, 474, 475, 486, 490, 491, 503, 511, 518, 524, 532, 544, 550, 556, 558, 569, 572, 582, 595, 601, 613, 617, 619, 621, 639, 656, 660, 663, 676, 689, 691, 694, 700, 701, 714, 716, 739, 743, 754, 763, 776, 780, 781, 782, 787, 789, 811, 828, 829, 832, 833, 834, 835, 837, 838, 839, 840, 841, 842, Sch. 2 para. 5, Sch. 4 para. 5, Sch. 13 para. 10, Sch. 16 para. 10, Sch. 21 para. 6, Sch. 26 para. 1, Sch. 27 para. 20, Finance Act 1988 (c. 39, SIF 63:1), ss. 66, 127(1)(6), Sch. 12 para. 6, Capital Allowances Act 1990 (c. 1, SIF 63:1), ss. 28(1), 68(8), 74, 82, 83(5), 148(5), 163(4), 164(2), S.I. 1990/627 and Finance Act 1990 (c. 29, SIF 63:1), s. 25(10)
- C3
Act modified by Finance Act 1991 (c. 31, SIF 63:1), ss. 106(4), 108(3).
Act modified (27.7.1999) by 1999 c. 16, s. 98(2)(4)
Commencement
- I1
Act wholly in force at Royal Assent.
Editorial notes
- X1
General amendments to Tax Acts, Income Tax Acts, and/or Corporation Tax Acts made by legislation after 1.2.1991 are noted against Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1) but not against each Act
Contents
- Part I: PETROLEUM REVENUE TAX
- 1Petroleum revenue tax.
- 2Assessable profits and allowable losses.
- 3Allowance of expenditure (other than expenditure on long-term assets and abortive exploration expenditure).
- 4Allowance of expenditure on long-term assets.
- 5Allowance of abortive exploration expenditure.
- 5AAllowance of exploration and appraisal expenditure.
- 5BAllowance of research expenditure.
- 6Allowance of unrelievable loss from abandoned field.
- 7Relief for allowable losses.
- 8Oil allowance.
- 9Limit on amount of tax payable.
- 9AOperating expenditure incurred while section 9 applies.
- 10Modification of Part I in connection with certain gas sold to British Gas Corporation.
- 11Application of Provisional Collection of Taxes Act 1968.
- 12Interpretation of Part I.
- 12ADate of delivery or appropriation: shipped oil not sold at arm's length
- Part II
- 13–19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part III: Miscellaneous and General
- 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 21Citation, interpretation and construction.
- Schedule 1: Determination of Oil Fields
- Areas that are oil fields
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Areas treated as continuing to be oil fields
- 6Paragraph 6
- 7Paragraph 7
- Schedule 2: Management and Collection of Petroleum Revenue Tax
- Management of tax
- 1Paragraph 1
- Returns by participators
- 2Paragraph 2
- 3Paragraph 3
- Appointment of responsible person for each oil field
- 4Paragraph 4
- Returns by the responsible person
- 5Paragraph 5
- 6Paragraph 6
- Production of accounts, books and other information
- 7Paragraph 7 Repealed
- Incorrect returns, accounts, etc.
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Assessments to tax and determinations of loss, etc.
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 12AParagraph 12A
- 12BParagraph 12B
- Payment of tax
- 13Paragraph 13
- Claim for relief for overpaid tax etc
- 13AParagraph 13A
- Cases in which HMRC not liable to give effect to a claim
- 13BParagraph 13B
- Making a claim
- 13CParagraph 13C
- Decision on claim
- 13DParagraph 13D
- Assessment of claimant in connection with claim
- 13EParagraph 13E
- Contract settlements
- 13FParagraph 13F
- Appeals
- 14Paragraph 14
- Appeal: HMRC review or determination by tribunal
- 14AParagraph 14A
- Participator requires review by HMRC
- 14BParagraph 14B
- HMRC offer review
- 14CParagraph 14C
- Notifying appeal to the tribunal
- 14DParagraph 14D
- Nature of review etc
- 14EParagraph 14E
- Effect of conclusions of review
- 14FParagraph 14F
- Notifying appeal to tribunal after review concluded
- 14GParagraph 14G
- Notifying appeal to tribunal after review offered but not accepted
- 14HParagraph 14H
- Interpretation of paragraphs 14A to 14H
- 14IParagraph 14I
- Interest on tax
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Schedule 3: Petroleum Revenue Tax: Miscellaneous Provisions
- Definition of sale of oil at arm’s length
- 1Paragraph 1
- Determination of market value: the notional delivery day for a quantity of oil
- 1AParagraph 1A
- Definition of market value of oil
- 2Paragraph 2
- 2AParagraph 2A
- Aggregate market value of oil for purposes of section 2(5)
- 3Paragraph 3
- Definition of market value of light gases
- 3AParagraph 3A
- Oil delivered in place of royalties to be disregarded for certain purposes
- 4Paragraph 4
- Effect of transfer to an associated company of participator’s rights etc. in connection with an oil field or relevant licence
- 5Paragraph 5
- Oil owned by a person other than a participator in the oil field from which it was won
- 6Paragraph 6
- Effect of certain transactions between participators
- 6AParagraph 6A
- Exclusion from section 2(4)(b) and (5)(d) of offshore oil in transit to place of first landing . . .
- 7Paragraph 7
- Certain subsidised expenditure to be disregarded
- 8Paragraph 8
- Election to have amounts mentioned in section 2(9)(b) and (c) spread
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Restriction of amount of reduction under section 8(1)
- 11Paragraph 11
- Transfers of interests in oil fields: post-transfer decommissioning expenditure
- 11AParagraph 11A
- Power to make regulations under this Schedule
- 12Paragraph 12
- Schedule 4: Provisions Supplementary to Sections 3 and 4
- Restrictions on expenditure allowable under section 3 or 4
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3 Repealed
- Disposal of long-term asset formerly used in connection with an oil field
- 4Paragraph 4
- 5Paragraph 5 Repealed
- Provisions supplementary to section 4(9) of this Act and paragraph 5(2) above
- 6Paragraph 6
- Insurance or compensation in respect of loss or destruction of long-term asset formerly used in connection with oil field
- 7Paragraph 7
- Assets acquired jointly by participators in different oil fields
- 8Paragraph 8
- Schedule 5: Allowance of Expenditure (other than Abortive Exploration Expenditure)
- Claim periods and claims
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 2BParagraph 2B
- 2CParagraph 2C
- 3Paragraph 3
- 4Paragraph 4
- Appeals
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 6: Allowance of Expenditure (other than Abortive Exploration Expenditure) on Claim by Participator
- 1Paragraph 1
- 2Paragraph 2
- Schedule 7: Allowance of Abortive Exploration Expenditure
- 1Paragraph 1
- Schedule 8: Allowance of Unrelievable Field Loss
- Reference and determination of question of abandonment of oil field
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Claims by participators for allowance of unrelievable field losses
- 4Paragraph 4
- Schedule 9. . . . . . . . . . . . . . . . . . . . . . . . .Schedule 9. . . . . . . . . . . . . . . . . . . . . . . . .