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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading Oil exploration and exploitation

  • Section 193 Roll-over relief not available for gains on oil licences.
  • Section 194 Disposals of oil licences relating to undeveloped areas.
  • Section 195 Allowance of certain drilling expenditure etc.
  • Section 195A Oil licence swaps
  • Section 195B Licence-consideration swap
  • Section 195C Company that receives mixed consideration: N exceeds C
  • Section 195D Company that receives mixed consideration: N does not exceed C
  • Section 195E Company that gives mixed consideration
  • Section 195F Reimbursed expenditure
  • Section 196 Interpretation of sections 194 to 195F .
  • Section 197 Disposals of interests in oil fields etc: ring fence provisions.
  • Section 198 Replacement of business assets used in connection with oil fields.
  • Section 198A Ring fence reinvestment: whole consideration reinvested
  • Section 198B Ring fence reinvestment: part of consideration reinvested
  • Section 198C Provisional application of sections 198A and 198B
  • Section 198D No double claims
  • Section 198E Ring fence reinvestments and disposal consideration
  • Section 198F Qualification for roll-over relief
  • Section 198G Qualification for section 153 relief
  • Section 198H Acquisition by member of same group
  • Section 198I Exploration, appraisal and development expenditure
  • Section 198J Oil and gas: reinvestment after pre-trading disposal
  • Section 198K Provisional application of section 198J
  • Section 198L Expenditure by member of same group
  • Section 199 Exploration or exploitation assets: deemed disposals
  • Section 200 Limitation of losses on disposal of oil industry assets held on 31st March 1982.
  1. Oil exploration and exploitation
  2. Oil licence swaps

Section 195A | Oil licence swaps F1

From legislation.gov.uk

(1)Sections 195B to 195F apply for the purposes of corporation tax on chargeable gains.F1F2

(2)In those sections—F1

“licence-consideration swap” means a case where conditions A, B, C and D are met;

“mixed-consideration swap” means a case where conditions A, B, C and E are met.

(3)Condition A is that a company (“company A”) disposes of one or more UK licences to another company (“company B”), by way of a bargain at arm's length (“disposal A”).F1

(4)Condition B is that company B disposes of one or more UK licences to company A, by way of a bargain at arm's length (“disposal B”).F1

(5)Condition C is that either or both of the following paragraphs applies—F1

(a)the licence, or at least one of the licences, comprised in disposal A relates to a developed area;F1

(b)the licence, or at least one of the licences, comprised in disposal B relates to a developed area.F1

(6)Condition D is that both—F1

(a)disposal A is the only consideration given for disposal B, andF1

(b)disposal B is the only consideration given for disposal A.F1

(7)Condition E is that either—F1

(a)disposal A is the only consideration given for disposal B, orF1

(b)disposal B is the only consideration given for disposal A,F1

(and accordingly one of the disposals is part of the consideration given for the other disposal).

(8)In this section and sections 195B to 196 a reference to disposal of a UK licence includes—F1

(a)a disposal of an interest in a UK licence, andF1

(b)a disposal of a UK licence, or an interest in a UK licence, only so far as the licence relates to part of the licensed area.F1

Notes

  1. F1

    Ss. 195A-195E inserted (with effect in accordance with Sch. 40 para. 8 of the amending Act) by Finance Act 2009 (c. 10), Sch. 40 para. 5

  2. F2

    Word in s. 195A(1) substituted (with effect in accordance with Sch. 15 para. 4 of the amending Act) by Finance Act 2011 (c. 11), Sch. 15 para. 1

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