SCHEDULES

SCHEDULE 15Oil activities: transferable tax history

PART 8TTH elections: conditions and procedure

56Election conditions: associated companies

1

A TTH election may only be made if—

a

the seller and purchaser are not associated with one another on the licence transfer date,

b

the corporate restructuring condition is met, or

c

the hive down condition is met.

2

The “corporate restructuring condition” is met for the purposes of a TTH election if —

a

the seller and purchaser are associated with one another on the licence transfer date, and

b

either—

i

a third party election is made in respect of the TTH asset within the permitted period, or

ii

a hive down election is made in respect of the TTH asset within the permitted period.

3

For the purposes of sub-paragraph (2)(b)(i)

a

a “third party election” is an election made between two companies that are not associated with one another, and

b

the “permitted period” in relation to a third party election in respect of the TTH asset is—

i

the period of 90 days ending with the licence transfer date referred to in sub-paragraph (2)(a), or

ii

the period of 90 days beginning with that date.

4

For the purposes of sub-paragraph (2)(b)(ii)

a

a “hive down election” is an election in respect of which the hive down condition is met, and

b

the “permitted period” in relation to a hive down election in respect of the TTH asset is the period of 180 days ending with the licence transfer date referred to in sub-paragraph (2)(a).

5

The “hive down” condition is met for the purposes of a TTH election if the seller and purchaser—

a

are associated with one another on the licence transfer date, but

b

before the end of the period of 90 days beginning with that date, the purchaser ceases to be associated with—

i

the seller, and

ii

any other company that is associated with the seller.

6

See paragraph 98 of this Schedule and section 271 of CTA 2010 for further provision about the meaning of “associated companies”.