• Home
  • Tax Law and Commentary Online
  • TCA1997 | Section 696 Valuation of petroleum in certain circumstances
Change year: 2010

Section 696 Valuation of petroleum in certain circumstances

Print_icon
Contents Previous section Next section |
Unlock_icon
Sign up to access full section commentary and legislation back years
subscription or 30 day access with no obligation

(1) Where a person disposes, otherwise than by means of a sale at arm's length, of petroleum acquired by the person by virtue of petroleum activities carried on by the person, then, for the purposes of the Tax Acts the disposal of the petroleum and its acquisition by the person to whom the disposal was made shall be treated as having been for a consideration equal to the market value of the petroleum at the time the disposal was made.

How is a disposal of petroleum other than at arm's length valued?

(1) A disposal of petroleum other than by an arm's length sale is treated as having been made at market value.

(2)(a) In this subsection, "relevant appropriation", in relation to any petroleum won or otherwise acquired in the course of the carrying on by a person of petroleum activities, means the appropriation of that petroleum to refining or to any use except use for petroleum extraction activities carried on by the person, and "relevantly appropriated" shall be construed accordingly.

(b) Where a person who carries on in the course of a trade petroleum activities and other activities makes a relevant appropriation of any petroleum won or otherwise acquired by the person in the course of the petroleum activities without disposing of the petroleum, then, for the purposes of the Tax Acts the person shall be treated as having at the time of the appropriation―

(i) sold the petroleum in the course of the petroleum trade carried on by the person, and

(ii) bought the petroleum in the course of a separate trade consisting of the activities other than the petroleum activities,

and as having so sold and bought the petroleum at a price equal to its market value at the time the petroleum was relevantly appropriated.

What valuation rules apply where there is a relevant appropriation of petroleum to further processing?

(2) Once petroleum has been extracted and initially treated or stored, any relevant appropriation of the petroleum to refining or further processing is treated as sold at market value at that time, into a separate trade.

(3) For the purposes of this section, the market value at any time of any petroleum shall be the price which that petroleum might reasonably be expected to fetch on a sale of that petroleum at that time if the parties to the transaction were independent parties dealing at arm's length.

What is taken to be the market value of petroleum?

(3) Market value means the price the petroleum would have fetched in a sale between independent parties dealing at arm's length.

Print_icon
Contents Previous section Next section