“UK government considers reform of oil and gas taxation”4 Sep 2023 08:28
LEXOLOGY:
“The oil and gas production landscape has changed dramatically since production began. Easy-to-recover fields are declining, meaning that future exploitation will be from more technically challenging fields that carry greater risks and costs. Old oil fields are also being decommissioned, which is necessary in order to leave them in an environmentally safe condition. The demographic of the industry has also changed: it is now dominated by private equity groups and foreign-state owned oil companies, which have replaced international oil and gas companies. These operators tend only to have upstream operations in the UK. In the long term, oil and gas activities will start to wind down as we approach the 2050 net zero target, although they are unlikely to halt completely.
The government recognises this shift in the sector and notes the fiscal regime may have to change to remain fit for purpose. This is a call for evidence in the real sense: the government is not consulting on any specific proposals and at this stage is simply trying to gain a better understanding of the future of the industry from those on the ground and their advisors. The call for evidence does, however, set out the government’s high-level aims in seeking to reform the current system, which include:
Supporting energy security while the UK transitions to net zero;
Promoting a pathway to net zero by supporting the decarbonisation of upstream oil and gas production;
Minimising barriers to investment in greener technologies in the sector;
Ensuring efficiency and predictability in the taxation of oil and gas activities, including by simplifying the legislation.
What evidence is being sought?
HM Treasury is seeking views on the current context and future evolution of the oil and gas industry, which will inform its proposals for amending the tax code. The information being sought includes the following:
Evolution of the market – How will investment into UK projects evolve over the coming decades, including compared with investments in other mature basins?
Investment in the UK market – How has the fiscal regime influenced investment in the UKCS? In particular, how have capital allowances and reliefs influenced such investment and are any changes necessary or desirable?
Energy security – How will investment opportunities contribute to UK energy security in the future? Should the fiscal regime include a mechanism for dealing with future price shocks?
Decarbonisation – What are the main obstacles to decarbonisation in oil and gas production and to what extent does the fiscal regime have an impact?
Simplification – Which aspects of the oil and gas fiscal regime could be simplified?
The call for evidence closes on 11 September 2023. Once the government has considered the responses and formulated its proposed reforms, it will most likely publish a formal consultation. The outcome will have a significant impact on producers and other oil and gas opera