27 May 2020

New HMRC view of how losses can be utilised for supplementary charge purposes

The supplementary charge calculation requires the relevant financing items to be excluded from the ring-fence CT (RFCT) profits. The question of how this relatively simple concept operates where losses are being utilised has been in dispute since the levy was introduced in 2002. Industry has believed that the so-called “shadow” method, where RFCT losses adjusted for any financing elements could be carried forward and set against SC profits as they arose, was valid, following an agreement with HMRC in 2007. […]


16 Apr 2020

Anti-avoidance Rules – an update

Readers may recall previous newsletters (the last one being 4 February 2020) discussing HMRC’s view of the application of the anti-avoidance rules in Part 14 CTA 2010 which can deny the use of losses where there has been a change in a company’s ownership and a major change in the nature or conduct of a trade (the so-called MCINOCOT rules), or prior to the change of ownership the trade had become small or negligible. We are pleased to note that […]


03 Apr 2020

Covid-19 – Tax and Fiscal Changes

Covid-19 – the currently announced tax and fiscal changes We thought it would be helpful to summarise the recently announced Government tax measures of most relevance to the UK upstream oil industry.  In addition, we highlight some tax issues that we think businesses should be considering in light of the much-changed business environment. PAYE, Corporation Tax and other taxes – Time to Pay scheme The Government signalled that businesses that are suffering financial hardship due to Covid-19 may be eligible […]


27 Mar 2020

Finance Bill Commentary

The Finance Bill was published last week alongside a number of new consultations. Finance Bill Non ring-fence corporation tax rate The Finance Bill included confirmation that the non ring-fence rate of corporation tax for the year to 31 March 2021 is to be 19 per cent.  The Bill also repeals the provisions in an earlier Finance Act that was to reduce the rate to 17 per cent and has included a provision that sets the non-ring fence rate of corporation […]


19 Mar 2020


During these difficult times, we hope that all of our clients, contacts and colleagues are keeping well. All of our staff are now working from home on a regular basis. This is something we have been doing on a lesser scale for a number of years and we are confident that, for now, we are able to continue to provide the same level of service as normal. Most contact is by way of email but if you want to speak […]


11 Mar 2020

Budget 2020

The Chancellor delivered Budget 2020 today. The Budget contained no significant changes to direct North Sea taxation and confirmed that RF rates would remain unchanged.  There was no announcement in respect of the transformational sector deal that had been included in the Conservative Manifesto. Announcements that may be of interest include: Confirmation that the main rate of corporation tax is to remain at 19 per cent, rather than reduced to 17% from 1 April 2020 as previously enacted. This is […]


04 Feb 2020

Change in ownership – availability of carried forward trade losses

The anti-loss buying rules, where applied, deny companies under new ownership the benefit of carried forward unused tax losses in place at the date of change of ownership. They apply where there has been a major change in the nature or conduct of the (company’s) trade, or where, prior to the change in ownership, the scale of the activities in the trade has become small or negligible without any significant revival. Companies undertaking oil and gas exploration, appraisal and development […]


28 Nov 2019

Compliance Briefing 2019/20

The December year-end returns are due to be filed soon and so we thought it would be helpful to send a reminder of some of the new challenges that face companies when preparing and filing their corporation tax returns.  The complexities of tax compliance have multiplied in recent years and CW Energy remains committed to ensuring that compliance is achieved efficiently and timeously and that we optimise the tax attributes of each client. The purpose of this briefing is to […]


26 Nov 2019

Conservative Party Manifesto: A promise of a transformational sector deal

The publication of the Conservative Party Manifesto document over the weekend included a proposal for an oil and gas sector deal. In the section of the document relating to Scotland, the following was announced: “Oil and gas sector deal: The oil and gas industry employs almost 300,000 people, of whom four in 10 work in Scotland. We believe that the North Sea oil and gas industry has a long future ahead and know the sector has a key role to […]


22 Nov 2019

Labour’s Oil Tax Windfall Proposal

The publication of the Labour Party Manifesto document included a proposal for a windfall tax for oil companies.   The Manifesto itself included the following: “We will introduce a windfall tax on oil companies so that the companies that knowingly damaged our climate will help cover the costs. We will provide a strategy to safeguard the people, jobs and skills that depend on the offshore oil and gas industry.” No details of the measure were included in the manifesto. However, Labour […]