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Oil Taxation Act 1975

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Version Superseded: 28/07/1993

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2(1)Where a person has incurred expenditure in the acquisition of an asset in a transaction to which this paragraph applies, he shall be treated for the purposes of sections 3 and 4 of this Act as having incurred that expenditure only to the extent that it does not exceed expenditure (other than expenditure in respect of interest or any other pecuniary obligation incurred in obtaining a loan or any other form of credit) incurred [F1by another person in acquiring, bringing into existence, or enhancing the value of that asset] in a transaction to which this paragraph does not apply (or, if there has been more than one such transaction, the later or latest of them) [F2in acquiring, bringing into existence or enhancing the value of that asset].

Section 4(13) of this Act applies to the preceding provisions of this sub-paragraph.

(2)This paragraph applies to any transaction between connected persons and to any transaction made otherwise than at arm’s length; and for the purposes of this paragraph a person is connected with another person if [F3they are connected within the meaning of section [F4839] of the Taxes Act].

[F5(3)The preceding provisions of this paragraph have effect (with any necessary modifications) in relation to expenditure incurred by a person in respect of—

(a)the use of an asset, or

(b)the provision of services or other business facilities of whatever kind in connection with the use, otherwise than by that person, of an asset,

as they have effect in relation to expenditure incurred in the acquisition of, or of an interest in, an asset.]

Textual Amendments

F1Words repealed by Oil Taxation Act 1983 (c. 56), ss. 5(6), 15(6) and Sch. 6 in relation to expenditure incurred in the acquisition of an asset on or after 1 April 1983

F2Words inserted by Oil Taxation Act 1983 (c. 56), s. 5(6) in relation to expenditure incurred in the acquisition of an asset on or after 1 April 1983

F3Words substituted for Sch. 4 para. 2(2)(a)–(c) by Finance (No. 2) Act 1979 (c. 47), s. 20(2) in relation to expenditure claimed after 31 December 1978

F5Sch. 4 para. 2(3) substituted by Oil Taxation Act 1983 (c. 56), s. 5(6) in relation to expenditure incurred in the acquisition of an asset on or after 1 April 1983

Modifications etc. (not altering text)

C2See Oil Taxation Act 1983 (c. 56), Sch. 2 para. 5 in relation to transactions to which Sch. 4 para. 2 applies

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