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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. Ring fence reinvestments and disposal consideration

Section 198E | Ring fence reinvestments and disposal consideration F1

From legislation.gov.uk

(1)This section applies for the purposes of sections 198A to 198G.F1

(2)A disposal and acquisition is a ring fence reinvestment if—F1

(a)the disposal was—F1

(i)a material disposal, orF1

(ii)a disposal of a UK licence which relates to an undeveloped area,F1

(b)the old assets were used only for the purposes of P's ring fence trade,F1

(c)the new assets are taken into use, and used only, for the purposes of one or more of the following trades—F1

(i)P's ring fence trade;F1

(ii)if P is a member of a group of companies (within the meaning given in section 170), a ring fence trade of another member of that group, andF1

(d)the new assets are oil assets.F1

(3)If the disposal consists of—F1

(a)disposal of a licence to which section 195D(3) applies, orF1

(b)disposal of two or more licences to which section 195D(4) applies,F1

the consideration for the disposal is to be taken to be the whole of the non-licence consideration obtained on the disposal (which is referred to as “C” in section 195D).

(4)Accordingly, in sections 198A to 198G (including section 198A(4)), any reference to the consideration obtained on the disposal has effect subject to subsection (3).F1

(5)Each of the following is an “oil asset” for the purposes of this section—F1

(a)an interest in oil to be won from an oil field,F1

(b)an asset used in connection with an oil field,F1

(c)a structure which is to be placed on the seabed of the United Kingdom continental shelf,F1

(d)an asset used wholly in the winning of oil, or in the measuring of oil won, in the United Kingdom otherwise than from an oil field,F1

(e)an asset used for the initial treatment or storage of oil in the United Kingdom,F1

(f)an asset used for the transportation of oil from an oil field to the United Kingdom, andF1

(g)a UK licence which relates to an undeveloped area.F1

(6)Section 12 of the Oil Taxation Act 1975 (interpretation of Part 1 of that Act) applies for the interpretation of subsection (5)(a) to (f).F1

(7)Expressions used in this section and in section 152 have the same meanings in this section as in section 152.F1

(8)In this section a reference to a UK licence which relates to an undeveloped area has the same meaning as in section 194 (see section 196).F1

(9)In this section—F1

“material disposal” has the meaning given in section 197;

“ring fence trade” has the meaning given in section 198.

Notes

  1. F1

    Ss. 198A-198G inserted (with effect in accordance with Sch. 40 para. 13 of the amending Act) by Finance Act 2009 (c. 10), Sch. 40 para. 12

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