RE: Outlook this week29 Jun 2022 12:43
The Bill includes the expected sunset provision of 31 December 2025. The original announcement had indicated that the Levy could be phased out earlier “if oil and gas prices return to historically more normal levels”. The Bill does not include any provision in this respect. This means that the Levy would not end before 31 December 2025, unless the Government brought forward amending legislation in the future.
When a company is treated as having incurred investment expenditure for these purposes depends on the type of the expenditure. In relation to capital expenditure, this is determined by a general rule is that the expenditure is treated as incurred as soon as there is an unconditional obligation to pay it. This general rule is, however, subject to certain exceptions. If, for instance, the expenditure is not required to be paid until a date more than 4 months after the unconditional obligation to pay has come into being, the expenditure is to be treated as incurred on the payment date.
Overall, this means that the investment allowance may not be as generous as it appeared when the measure was first announced, and it is questionable whether it really works as an incentive for new investment. Given the long lead time for a lot of oil and gas projects, in practice, the investment allowance will likely benefit only those projects that are ready for final approval in a fairly limited window and not those sanctioned between now and the end of 2025 where a material part of the expenditure will not be incurred for the purposes of the legislation until after 2025.
For JOG there is an expected Capex (incl. 20% contingency) of around £1bn for Phase 1 which has a target first oil of Q4/2025. So in theory the timescales fall nicely for JOG but with the ever present risks of UK govt rescinding the tax levy 'early' and/or the likely ambitious development Phase one date over running by a wide margin. In other words, the quicker the farm-out/development programme the better; based on the draft legislation.