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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. Company that receives mixed consideration: N exceeds C

Section 195C | Company that receives mixed consideration: N exceeds C F1

From legislation.gov.uk

(1)This section applies to a mixed-consideration swap if—F1

(a)the no gain/no loss loss amount (“N”) of the company that receives the mixed consideration (“company R”), exceedsF1

(b)the amount of non-licence consideration (“C”) which company R receives.F1

(2)In a case where company R acquires only one licence, company R is to be treated as if it had acquired the licence for a consideration of—F1

Formula

N-C

(3)In a case where company R acquires two or more licences, as regards each licence acquired, company R is to be treated as if it had acquired the licence for a consideration of—F1

Formula

(N-C)×ATA

where—

A is the value of the licence acquired, and

TA is total value of all the licences acquired.

(4)The disposal by company R of a licence under the swap is to be taken to be one on which neither a gain nor a loss accrues.F1

(5)But (despite subsection (4)), the disposal by company R is not a no gain/no loss disposal for the purposes of section 56.F1

(6)For the purposes of the application of sections 53 and 54, any enactment is to be disregarded insofar as it provides that, if the other company which acquires a licence under the swap (“company G”) subsequently disposes of the licence, company R's acquisition of the licence is to be treated as company G's acquisition of it.F1

(7)In this section the reference to the no gain/no loss amount of company R is a reference to—F1

(a)in a case where company R disposes of only one licence, company R's no gain/no loss amount in relation to that disposal, orF1

(b)in a case where company R disposes of two or more licences, the aggregate of company R's no gain/no loss amounts in relation to all of those disposals.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

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