Law library · Sierra Leone · No. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018
Section 30, No. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018
Status not yet checkedNo. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018, Sierra Leone
(1) A holder of a petroleum licence that has accumulatednet receipts or a year of assessment from production activities of a
separate petroleum operation shall pay petroleum resource rent tax,
imposed.
(2) The amount of petroleum resource rent tax referred to
in subsection (1) shall be calculated by applying the rate specified in
paragraph 6 of the Second Schedule to the accumulated net receipts
for the year.
(3) Subject to section 34, for the purposes of calculating
petroleum resource rent tax production activities conducted with
respect to the area covered by an approved development and
operation area shall be treated as a petroleum operation separate
from any other petroleum operation.
Minimum
Petroleum
No. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 201832
(e) expenses incurred by the person in the course
of reclamation, rehabilitation and closure of
the petroleum operation, but only to the
extent that funds in the relevant
decommissioning fund are not yet available
or are inadequate; and
(f) any other amounts incurred by the person
during the year directly in the course of the
operation that may be deducted under the
Income Tax Act, 2000.
26. Paragraph (c) of subsection (1)of section 32 and section
32A of the Income Tax Act 2000 shall apply to allowable losses of a
person from a separate petroleum operation with the following
modifications–
(a) tax payable may be reduced to 15 percent of
the tax that would be due if losses were not
carried forward;
(b) a loss may not be carried forward after the
latter of the following-
(i) the tenth year of assessment from the
year of assessment in which the loss
was incurred; and
(ii) the tenth year of assessment from the
year of assessment in which commercial
petroleum production commenced;
(c) losses shall be used in the order in which
they are incurred; and
(d) losses from a separate petroleum operation
may be deducted only in calculating future
chargeable income from that operation and
not chargeable income from any other
petroleum operation or non-petroleum
activities.
Losses from
Petroleum
Operations.
27. (1) Where a company that holds a petroleum right suffers
25 percent or more change in its underlying ownership or control,
the company shall be treated as disposing of a proportionate interest
in its petroleum right and immediately reacquiring that interest.
(2) Where subsection (1) applies, the company shall be
treated as–
(a) receiving for the disposal, consideration
equal to the market value of the proportion
of the right treated as disposed of; and
(b) incurring in respect of the reacquisition an
equal amount.
(3) A company that suffers a change of ownership or
control referred to in subsection (1) shall notify the Commissioner-
General when it files its next tax return under section 97 of the Income
Tax Act, 2000.
(4) A company that fails to comply with subsection
(3)shall be liable for a penalty equal to 30 percent of the market value
of the interest in the petroleum right treated as disposed of under
subsection (1).
(5) This section shall be without prejudice to direct
disposals of petroleum rights and the application of section 88 of the
Income Tax Act, 2000 to a company that holds a petroleum right.
28. (1) The holder of a decommissioning fund shall be
exempted from tax for the following -
(a) the receipt of contributions to the fund that
are deductible for a petroleum right holder
under paragraph (d) of subsection (1) of
section 25; and
Indirect
disposal of
rights.
Decommissioning funds.
No. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018 35
(4) Petroleum resource rent tax shall be imposed in
addition to any other tax or charge, including income tax.
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