Section 194: Disposals of oil licences relating to undeveloped areas.

Taxation of Chargeable Gains Act 1992 · 1992 c. 12View on legislation.gov.uk

Part VI: Companies, oil, insurance etc. — Chapter II: Oil and mining industries

In this section any reference to a disposal (including a part disposal) is a reference to a disposal made by way of a bargain at arm's length.

If, at the time of the disposal, the licence relates to an undeveloped area, then, to the extent that the consideration for the disposal consists of—

another licence which at that time relates to an undeveloped area or an interest in another such licence, or
an obligation to undertake exploration work or appraisal work in an area which is or forms part of the licensed area in relation to the licence disposed of,

the value of that consideration shall be treated as nil for the purposes of this Act.

If the disposal of a licence which, at the time of the disposal, relates to an undeveloped area is part of a larger transaction under which one party makes to another disposals of 2 or more licences, each of which at the time of the disposal relates to an undeveloped area, the reference in subsection (2)(b) above to the licensed area in relation to the licence disposed of shall be construed as a reference to the totality of the licensed areas in relation to those 2 or more licences.

In relation to a disposal of a licence which, at the time of the disposal, relates to an undeveloped area, being a disposal—

which is a part disposal of the licence in question, and
part but not the whole of the consideration for which falls within paragraph (a) or paragraph (b) of subsection (2) above,
the relevant allowable expenditure, as defined in section 53; and
the indexation allowance on the disposal.

section 42 shall not apply unless the amount or value of the part of the consideration which does not fall within one of those paragraphs is less than the aggregate of the amounts which, if the disposal were a disposal of the whole of the licence rather than a part disposal, would be—

Where section 42 has effect in relation to such a disposal as is referred to in subsection (4) above, it shall have effect as if, for subsection (2) thereof, there were substituted the following subsection—

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