Taxation (International and Other Provisions) Act 2010 Explanatory Notes

Chapter 7: Oil-related ring-fence trades
Overview

409.This Chapter has to be read with section 147(4). Between them they apply the Part to transactions between the ring-fence trade of an oil company and other activities engaged in by that same company as if they were separate enterprises.

Section 205: Provision made or imposed between ring-fence trade and other activities

410.If provision is made or imposed as between the ring-fence trade of an oil company and other activities of that company this section has the effect that this Part applies as if that trade and those other activities were carried on by two separate persons controlled by the same person. It is based on paragraph 11(1), (3) and (4) of Schedule 28AA to ICTA.

411.In subsection (1)(a) the words “oil-related” have been added to “ring-fence trade” in paragraph 11(1) and (3) of Schedule 28AA to make clear the area of taxation referred to. “Oil-related ring-fence trade” is defined in section 206.

Section 206: Meaning of “oil-related ring-fence trade” in sections 205 and 218

412.This section gives the meaning of “oil-related ring-fence trade” and is based on paragraph 11(1) of Schedule 28AA to ICTA and section 85(7) of FA 1999.

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