RE: Opinion?5 Apr 2024 11:45
I think it depends on the profile of the firm. If you own producing assets, having bought them with leverage (or added to your assets through M&A), you have a finely-tuned model that has been blasted to bits by EPL. Consider - if you have an expensive, moderately producing asset with loads of tax-losses, you are not paying 40% normal corporation tax for O&G. Pre-EPL, you eek out your profit tax-free, minus cost of leverage and decommissioning costs (paid into an escrow account and adjusted for inflation). During the last few years, EPL (not deductable) has cut a big hole in your profits. The cost of leverage has skyrocketed. Inflation has pushed up your decommissioning cost payments. This renders some firms basically bust, and meanwhile you have to ask the regulator to be able to stop producing, a timeline of maybe 2 years! It's basically nationalisation.
If however you don't have tax losses, and you have more profitable fields, Investment Allowance is more critical. GBA is in shallow water, reused infrastructure and should be a profitable, lower cast development. GBA can tolerate EPL at 78% - the asset value just drops to accommodate the yield. However in our case the Investment Allowance is critical as it dramatically reduces CAPEX.
I believe from having talked around, the worst case tax scenario (both EPL increase + removal of all allowances) puts GBA at risk - even then Neo might proceed as what else will they do with the FPSO - instead of modest profit they now scrap it, lose an asset as well has reserves etc. I think some kind of moderation will save the project. As 'loophole' is undefined, it's not a U-turn for Labour to clarify this in a more advantageous way.
Finally - I have had industry friends tell me that if Labour does remove the investment allowance completely, all NS investment other than a bit by BP and Shell (who do it probably to take pressure of their global profits by their HQ nation) will stop. Cambo, Rosebank, pretty much everything. This will be communicated to Labour - I doubt they will want be forced to renege on punishment taxes in order to facilitate high-profile developments that ignorant greenies in our country hate. That is some egg banjo eating.
To address your question more specifically, I don't think you can use the allowance to invest in renewables. I had a look here: https://www.gov.uk/government/publications/cost-of-living-support/energy-profits-levy-factsheet-26-may-2022
One interesting point is that there are a whole host of deductions (loopholes!). Labour could remove only one deduction and still have 'closed a loophole'.