Finance Act 2006

Valid from 19/07/2006

The following is the Schedule to be inserted as Schedule 19C to ICTA—

Section 496B

“SCHEDULE 19CU.K.Petroleum extraction activities: ring fence expenditure supplement

Part 1 U.K.Introductory

About this ScheduleU.K.

1(1)This Schedule entitles a company carrying on a ring fence trade, on making a claim in respect of an accounting period beginning on or after 1st January 2006, to a supplement (initially of 6%, but variable by Treasury order) in respect of—

(a)qualifying pre-commencement expenditure incurred before the trade is set up and commenced,

(b)losses incurred in the trade, and

(c)some or all of the supplement allowed in respect of earlier periods.

(2)Part 2 makes provision about the application and interpretation of this Schedule.

(3)Part 3 makes provision about supplement in relation to expenditure incurred by the company—

(a)with a view to carrying on a ring fence trade, but

(b)in an accounting period before the company sets up and commences that trade.

(4)Part 4 makes provision about supplement in relation to losses incurred in carrying on the ring fence trade.

(5)There is a limit on the number of accounting periods (6) in respect of which a company may claim supplement.

(6)In determining the amount of supplement allowable, reductions fall to be made in respect of—

(a)disposal receipts in respect of any asset representing qualifying pre-commencement expenditure,

(b)ring fence losses that could be set off under section 393A against ring fence profits of earlier periods,

(c)ring fence losses incurred in earlier periods that fall to be set off under section 393 against profits of succeeding periods,

(d)unrelieved group ring fence profits.

Part 2 U.K.Application and interpretation

Qualifying companiesU.K.

2This Schedule applies in relation to any company which—

(a)carries on a ring fence trade, or

(b)is engaged in any activities with a view to carrying on a ring fence trade,

and in this Schedule any such company is referred to as a “qualifying company”.

Accounting periodsU.K.

3(1)In this Schedule, in the case of any qualifying company,—

• “the commencement period” means the accounting period in which the company sets up and commences its ring fence trade;

• “post-commencement period” means any accounting period beginning on or after 1st January 2006—

  (a)

  which is the commencement period, or

  (b)

  which ends after the commencement period;

• “pre-commencement period” means any accounting period—

  (a)

  beginning on or after 1st January 2006, and

  (b)

  ending before the commencement period.

(2)For the purposes of this Schedule a company not within the charge to corporation tax which incurs any expenditure is to be treated as having such accounting periods as it would have if—

(a)it carried on a trade consisting of the activities in respect of which the expenditure is incurred, and

(b)it had started to carry on that trade when it started to carry on the activities in the course of which the expenditure is incurred.

(3)In the case of an accounting period (a “straddling period”) of any qualifying company beginning before 1st January 2006 and ending on or after that date—

(a)so much of the straddling period as falls before 1st January 2006, and

(b)so much of the straddling period as falls on or after that date,

are treated as separate accounting periods for the purposes of this Schedule.

(4)But special provision is made elsewhere in this Schedule in relation to straddling periods (see paragraphs 5, 18 and 21(4) to (6)).

The relevant percentageU.K.

4(1)For the purposes of this Schedule, the relevant percentage for any accounting period beginning on or after 1st January 2006 is 6%.

(2)The Treasury may by order vary the percentage for the time being specified in sub-paragraph (1) above for such accounting periods as may be specified in the order.

Limit on number of accounting periods for which supplement may be claimedU.K.

5(1)A company may claim supplement under this Schedule in respect of no more than 6 accounting periods.

(2)The accounting periods in respect of which claims are made need not be consecutive.

(3)A claim for supplement by the company under Schedule 19B (exploration expenditure supplement) in respect of an accounting period is to count for the purposes of this paragraph as a claim for supplement under this Schedule in respect of that accounting period.

(4)But, if the company makes a claim for supplement under this Schedule in respect of the deemed accounting period, any claim for supplement by the company under Schedule 19B in respect of the Schedule 19B deemed accounting period is to be ignored for the purposes of this paragraph.

(5)For this purpose—

• “the deemed accounting period” means the deemed accounting period under paragraph 3(3) beginning on 1st January 2006, and

• “the Schedule 19B deemed accounting period” means the deemed accounting period under paragraph 3(3) of Schedule 19B ending before 1st January 2006.

Qualifying pre-commencement expenditureU.K.

6(1)For the purposes of this Schedule, expenditure is “qualifying pre-commencement expenditure” if it meets conditions A to D.

(2)Condition A is that the expenditure is incurred on or after 1st January 2006.

(3)Condition B is that the expenditure is incurred in the course of oil extraction activities.

(4)Condition C is that the expenditure is incurred by a person with a view to carrying on a ring fence trade but before the person sets up and commences the ring fence trade.

(5)Condition D is that the expenditure—

(a)is subsequently allowable as a deduction in calculating the profits of the ring fence trade for the commencement period (whether or not any part of it is so allowable for any post-commencement period), or

(b)is relevant R&D expenditure incurred by an SME.

(6)For the purposes of this paragraph, expenditure incurred by a company is “relevant R&D expenditure incurred by an SME” if—

(a)the company makes an election under paragraph 14 of Schedule 20 to the Finance Act 2000 (R&D tax relief for SMEs: alternative treatment of pre-trading expenditure) in respect of that expenditure, but

(b)the company does not make a claim for an R&D tax credit under that Schedule in respect of that expenditure.

(7)In the case of any qualifying pre-commencement expenditure which is relevant R&D expenditure incurred by an SME, the amount of that expenditure is treated for the purposes of this Schedule as being equal to 150% of its actual amount.

(8)In the case of any qualifying pre-commencement expenditure which is relevant R&D expenditure incurred by a large company, the amount of that expenditure is treated for the purposes of this Schedule as being equal to 125% of its actual amount.

(9)For this purpose “relevant R&D expenditure incurred by a large company” means qualifying expenditure within the meaning given by paragraph 11(3) of Schedule 12 to the Finance Act 2002 (R&D tax relief for large companies).

Unrelieved group ring fence profits for accounting periodsU.K.

7(1)There is an amount of unrelieved group ring fence profits for an accounting period of a qualifying company (“company Q”) if—

(a)the company and any other company (“company X”) are members of the same group of companies, within the meaning given by section 413(3)(a), and

(b)company X has an amount of taxable ring fence profits (see paragraph 8) for a corresponding accounting period.

(2)An accounting period of company X corresponds to an accounting period of company Q if—

(a)it coincides with, or falls wholly within, the accounting period of company Q, or

(b)it falls partly within the accounting period of company Q.

(3)If an accounting period of company X—

(a)coincides with an accounting period of company Q, or

(b)falls wholly within an accounting period of company Q,

there is, for the accounting period of company Q, an amount of unrelieved group ring fence profits equal to the whole of company X's taxable ring fence profits for its accounting period.

(4)If an accounting period of company X falls partly within an accounting period of company Q—

(a)there is an amount of unrelieved group ring fence profits for the accounting period of company Q, and

(b)that amount is an amount equal to the part of company X's taxable ring fence profits for its accounting period that is attributable, on an apportionment in accordance with section 834(4), to the part of that period which falls within the accounting period of company Q.

(5)This paragraph applies for the purposes of this Schedule.

Taxable ring fence profits of an accounting periodU.K.

8For the purposes of this Schedule, a company has taxable ring fence profits for an accounting period if it has an amount of ring fence profits which is chargeable to corporation tax for that accounting period after any group relief claimed under Chapter 4 of Part 10.

Part 3 U.K.Pre-commencement supplement

Supplement in respect of a pre-commencement accounting periodU.K.

9(1)If—

(a)a qualifying company incurs qualifying pre-commencement expenditure in respect of a ring fence trade, and

(b)the expenditure is incurred before the commencement period,

the company may claim supplement under this Part of this Schedule (“pre-commencement supplement”) in respect of one or more pre-commencement periods.

(2)Any pre-commencement supplement allowed on a claim in respect of a pre-commencement period is to be treated as expenditure—

(a)which is incurred by the company in the commencement period, and

(b)which is allowable as a deduction in calculating the profits of the ring fence trade for that period.

(3)The amount of the supplement for any pre-commencement period in respect of which a claim under this paragraph is made is the relevant percentage for that period of the reference amount for that period.

(4)If the pre-commencement period is a period of less than twelve months, the amount of the supplement for the period (apart from this sub-paragraph) is to be reduced proportionally.

(5)Paragraphs 10 to 13 have effect for the purpose of determining the reference amount for a pre-commencement period.

The mixed pool of qualifying pre-commencement expenditure and supplement previously allowedU.K.

10(1)For the purpose of determining the amount of any pre-commencement supplement, a qualifying company is to be taken to have had, at all times in the pre-commencement periods of the company, a continuing mixed pool of—

(a)the relevant amount (if any) which the company carries forward under Schedule 19B,

(b)qualifying pre-commencement expenditure, and

(c)pre-commencement supplement.

(2)The pool is to be taken to have consisted of—

(a)the relevant amount (if any) which the company carries forward under Schedule 19B,

(b)the company's qualifying pre-commencement expenditure, allocated to the pool for each pre-commencement period in accordance with sub-paragraph (3), and

(c)the company's pre-commencement supplement, allocated to the pool for each pre-commencement period in accordance with sub-paragraph (4).

(3)To allocate qualifying pre-commencement expenditure to the pool for any pre-commencement period, take the following steps—

(a)Step 1: count as eligible expenditure for that period so much of the qualifying pre-commencement expenditure mentioned in paragraph 9(1) as was incurred in that period,

(b)Step 2: find the total of all the eligible expenditure for that period (amount E),

(c)Step 3: if paragraph 11 applies, reduce amount E in accordance with that paragraph,

(d)Step 4: if paragraph 12 applies, reduce (or, as the case may be, further reduce) amount E in accordance with that paragraph,

and so much of amount E as remains after making those reductions is to be taken to have been added to the pool in that period.

(4)If any pre-commencement supplement is allowed on a claim in respect of a pre-commencement period, the amount of that supplement is to be taken to have been added to the pool in that period.

(5)In this paragraph references to the relevant amount (if any) which the company carries forward under Schedule 19B are to the amount in its mixed pool for the purposes of Part 3 of Schedule 19B immediately before 1st January 2006.

Reduction in respect of disposal receipts under the Capital Allowances ActU.K.

11(1)This paragraph applies in the case of the qualifying company if—

(a)it incurs qualifying pre-commencement expenditure in respect of a ring fence trade in any pre-commencement period,

(b)it would, on the relevant assumption, be entitled to an allowance under any provision of the Capital Allowances Act in respect of that expenditure,

(c)an event occurs in relation to any asset representing the expenditure in any pre-commencement period, and

(d)the event would, on the relevant assumption, require a disposal value (the “deductible amount”) to be brought into account under any provision of the Capital Allowances Act for any pre-commencement period.

(2)The relevant assumption is that the company was carrying on the ring fence trade—

(a)when the expenditure was incurred, and

(b)when the event giving rise to the disposal value occurred.

(3)For the purpose of allocating qualifying pre-commencement expenditure to the pool for each pre-commencement period—

(a)find the total amount of the disposal values in the case of all such events (amount D), and

(b)taking later periods before earlier periods, reduce (but not below nil) amount E for any pre-commencement period by setting against it so much of amount D as does not fall to be set against amount E for a later pre-commencement period.

Reduction in respect of unrelieved group ring fence profitsU.K.

12(1)This paragraph applies if there is an amount of unrelieved group ring fence profits for a pre-commencement period.

(2)For the purpose of allocating qualifying pre-commencement expenditure to the pool for that period—

(a)find so much (if any) of amount E for that period as remains after any reduction falling to be made under paragraph 11, and

(b)reduce that amount (but not below nil) by setting against it a sum equal to the aggregate of the amounts of unrelieved group ring fence profits for the period.

The reference amount for a pre-commencement periodU.K.

13For the purposes of this Part of this Schedule, the reference amount for a pre-commencement period is the amount in the pool at the end of the period—

(a)after the addition to the pool of any qualifying pre-commencement expenditure allocated to the pool for that period in accordance with paragraph 10(3), but

(b)before determining, and adding to the pool, the amount of any pre-commencement supplement claimed in respect of the period.

Claims for pre-commencement supplementU.K.

14(1)Any claim for pre-commencement supplement in respect of a pre-commencement period must be made as a claim for the commencement period.

(2)Paragraph 74 of Schedule 18 to the Finance Act 1998 (company tax returns etc: time limit for claims for group relief) applies in relation to a claim for pre-commencement supplement as it applies in relation to a claim for group relief.

Part 4 U.K.Post-commencement supplement

Supplement in respect of a post-commencement periodU.K.

15(1)A qualifying company which incurs a ring fence loss (see paragraph 17) in a post-commencement period may claim supplement under this Part of this Schedule (“post-commencement supplement”) in respect of—

(a)that period, or

(b)any subsequent accounting period in which it carries on its ring fence trade.

(2)Any post-commencement supplement allowed on a claim in respect of a post-commencement period is to be treated for the purposes of the Corporation Tax Acts (other than this Part of this Schedule or Part 4 of Schedule 19B) as if it were a loss—

(a)which is incurred in carrying on the ring fence trade in that period, and

(b)which falls in whole to be set off under section 393 against trading income from the ring fence trade in succeeding accounting periods.

(3)Paragraph 74 of Schedule 18 to the Finance Act 1998 (company tax returns etc: time limit for claims for group relief) applies in relation to a claim for post-commencement supplement as it applies in relation to a claim for group relief.

Amount of post-commencement supplement for a post-commencement periodU.K.

16(1)The amount of the post-commencement supplement for any post-commencement period in respect of which a claim under paragraph 15 is made is the relevant percentage for that period of the reference amount for that period.

(2)If the post-commencement period is a period of less than twelve months, the amount of the supplement for the period (apart from this sub-paragraph) is to be reduced proportionally.

(3)Paragraphs 19 to 23 have effect for the purpose of determining the reference amount for a post-commencement period.

Ring fence lossesU.K.

17(1)If—

(a)in any post-commencement period (“the period of the loss”) a qualifying company carrying on a ring fence trade incurs a loss in the trade, and

(b)some or all of the loss falls to be set off under section 393 against trading income from the trade in succeeding accounting periods,

so much of the loss as falls to be so set off is a “ring fence loss” of the company.

(2)In determining for the purposes of this Part of this Schedule how much of a loss incurred in a ring fence trade falls to be set off as mentioned in sub-paragraph (1)(b), the following assumption is to be made.

(3)The assumption is that every claim is made that could be made by the company under section 393A to set losses incurred in the ring fence trade against ring fence profits of earlier post-commencement periods.

(4)This paragraph is subject to paragraph 18 (special rule for straddling periods).

(5)This paragraph has effect for the purposes of this Part of this Schedule.

Special rule for straddling periodsU.K.

18(1)This paragraph applies if the period of the loss in which a ring fence loss is incurred is the deemed accounting period under paragraph 3(3) beginning on 1st January 2006 (“the deemed accounting period”).

(2)The amount of the ring fence loss in the deemed accounting period is determined as follows.

• Step 1

• Calculate so much of the ring fence loss in the straddling period as, for the purposes of Part 4 of Schedule 19B, is attributable to qualifying E&A allowances for the straddling period.

• The amount given by this step is “the qualifying Schedule 19B amount”.

• Step 2

• Calculate so much of the ring fence loss in the straddling period as is attributable to allowances for the straddling period under Part 6 of the Capital Allowances Act in respect of relevant expenditure.

• For the purposes of this step “relevant expenditure” means expenditure incurred by the company on or after 1st January 2006 which, but for that fact, would be qualifying E&A expenditure for the purposes of Schedule 19B.

• For the purposes of this step a ring fence loss is attributable to those allowances to the extent that the amount of the loss (less the qualifying Schedule 19B amount) does not exceed the amount of those allowances for that period.

• The amount given by this step is “the amount of the post-1st January 2006 E&A allowances”.

• Step 3

• Deduct the qualifying Schedule 19B amount and the amount of the post-1st January 2006 E&A allowances from the amount of the ring fence loss in the straddling period.

• Step 4

• Apportion the remaining amount of that loss (if any) to the deemed accounting period in proportion to the number of days in the deemed accounting period that fall in the straddling period.

• The amount given by this step is “the amount of the apportioned loss”.

• Step 5

• The amount of the ring fence loss in the deemed accounting period is the amount of the apportioned loss plus the amount of the post-1st January 2006 E&A allowances.

(3)In this paragraph “the straddling period”, in relation to a qualifying company, means an accounting period of the company—

(a)beginning before 1st January 2006, and

(b)ending on or after that date,

disregarding paragraph 3(3).

(4)In this paragraph references to the ring fence loss in the straddling period are to that loss determined on the assumption that the straddling period is the period of the loss for the purposes of paragraph 17.

(5)This paragraph has effect for the purposes of this Part of this Schedule.

The pool of ring fence losses and the pool of non-qualifying Schedule 19B lossesU.K.

19(1)For the purpose of determining the amount of any post-commencement supplement, a qualifying company is to be taken at all times in its post-commencement periods to have a continuing mixed pool (the “ring fence pool”) of—

(a)the carried forward qualifying Schedule 19B amount,

(b)the company's ring fence losses, and

(c)post-commencement supplement.

(2)The ring fence pool continues even if the amount in it is nil.

(3)For the purpose of determining the amount of any post-commencement supplement, a qualifying company is also to be taken in its post-commencement periods to have a non-qualifying pool consisting of the carried forward non-qualifying Schedule 19B amount.

(4)But the non-qualifying pool ceases to exist when the amount in it is reduced to nil.

(5)In this paragraph—

• “the carried forward qualifying Schedule 19B amount”, in relation to a qualifying company, means the amount in its qualifying pool for the purposes of Part 4 of Schedule 19B immediately before 1st January 2006, and

• “the carried forward non-qualifying Schedule 19B amount”, in relation to a qualifying company, means the amount in its non-qualifying pool for the purposes of Part 4 of Schedule 19B immediately before 1st January 2006.

The ring fence poolU.K.

20(1)The ring fence pool consists of—

(a)the carried forward qualifying Schedule 19B amount,

(b)the company's ring fence losses, allocated to the pool in accordance with sub-paragraph (2)(a), and

(c)the company's post-commencement supplement, allocated to the pool in accordance with sub-paragraph (2)(b).

(2)The allocation of ring fence losses and post-commencement supplement to the pool is as follows—

(a)the amount of a ring fence loss is added to the pool in the period of the loss, and

(b)if any post-commencement supplement is allowed on a claim in respect of a post-commencement period, the amount of that supplement is added to the pool in that period.

(3)The amount in the ring fence pool is subject to reductions in accordance with the following provisions of this Part of this Schedule.

(4)If a reduction in the amount in the ring fence pool falls to be made in any accounting period, the reduction is to be made—

(a)after the addition to the pool of the amount of any ring fence losses allocated to the pool in that period in accordance with sub-paragraph (2)(a), but

(b)before determining, and adding to the pool, the amount of any supplement claimed in respect of the period,

and references to the amount in the pool are to be read accordingly.

(5)In this paragraph “the carried forward qualifying Schedule 19B amount”, in relation to a qualifying company, means the amount in its qualifying pool for the purposes of Part 4 of Schedule 19B immediately before 1st January 2006.

Reductions in respect of utilised ring fence lossesU.K.

21(1)If one or more ring fence losses are set off under section 393 against any profits of a post-commencement period, reductions are to be made in that period in accordance with this paragraph.

(2)If the company has a non-qualifying pool, the amount in the non-qualifying pool is to be reduced (but not below nil) by setting against it a sum equal to the total amount so set off.

(3)If—

(a)any of that sum remains after being so set against the amount in the non-qualifying pool, or

(b)the company does not have a non-qualifying pool,

the amount in the ring fence pool is to be reduced (but not below nil) by setting against it so much of that sum as so remains or (as the case may be) a sum equal to the total amount set off as mentioned in sub-paragraph (1).

(4)If the post-commencement period is the deemed accounting period under paragraph 3(3) beginning on 1st January 2006 (“the deemed accounting period”), the amount of the profits of the deemed accounting period is determined as follows.

(5)The amount of the profits of the straddling period is apportioned to the deemed accounting period in proportion to the number of days in the deemed accounting period that fall in the straddling period.

(6)The apportioned amount is taken for the purposes of this paragraph to be the amount of the profits of the deemed accounting period.

(7)In this paragraph “the straddling period”, in relation to a qualifying company, means an accounting period of the company—

(a)beginning before 1st January 2006, and

(b)ending on or after that date,

disregarding paragraph 3(3).

Reductions in respect of unrelieved group ring fence profitsU.K.

22(1)If there is an amount of unrelieved group ring fence profits for a post-commencement period, reductions are to be made in that period in accordance with this paragraph.

(2)If, after making any reductions that fall to be made in accordance with paragraph 21, the company does not have a non-qualifying pool, the remaining amount in the ring fence pool is to be reduced (but not below nil) by setting against it a sum equal to the aggregate of the amounts of unrelieved group ring fence profits for the period.

(3)If, after making any reductions that fall to be made in accordance with paragraph 21, the company has an amount in a non-qualifying pool, the amount in that pool is to be reduced (but not below nil) by setting against it a sum equal to the aggregate of the amounts of unrelieved group ring fence profits for the period.

(4)If any of that sum remains after being so set against the amount in the non-qualifying pool, the remaining amount in the ring fence pool is to be reduced (but not below nil) by setting against it so much of that sum as so remains.

(5)For the purposes of this paragraph references to the remaining amount in the ring fence pool are references to so much (if any) of the amount in the ring fence pool as remains after making any reductions that fall to be made in accordance with paragraph 21.

The reference amount for a post-commencement periodU.K.

23For the purposes of this Part of this Schedule the reference amount for a post-commencement period is so much of the amount in the ring fence pool as remains after making any reductions required by paragraph 21 or 22.”.