Sri Lanka Consolidated Acts

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Inland Revenue Act (No. 10 of 2006) - Sect 105

Ascertainment of profits and income from business of petroleum exploitation under a Petroleum Resources Agreement

105.
(1)Any person or partnership which has entered into an agreement as a contractor or sub-contractor under the Petroleum Resources Act, No 26 of 2003, shall, notwithstanding the provisions of section 79 of this Act, be deemed to be resident in Sri Lanka during the tenure of such contract or sub contract, as the case may be, for the purposes of this Act.
(2) The turnover from exports and local sales of petroleum exploited under any Petroleum Resources Agreement referred to in subsection (1), shall be determined on the basis of accepted commercial practices and be subject to any specific provisions in the Petroleum Resources Agreements, entered into under Petroleum Resources Act, No. 26 of 2003.
(3) The profits and income from the business of petroleum exploitation under any Petroleum Resources Agreement referred to in subsection (1), shall be ascertained after allowing the following deductions in addition to other allowable expenses under the provisions of this Act, provided that the same item of expenditure shall not be deducted more than once-
(a) payments made to service sub-contracts for conducting petroleum operations;
(b) one hundred per centum of the cost of acquisition of any plant, machinery or equipment used for the recovery of petroleum resources, in lieu of the allowance for depreciation or cost of renewal under section 25. Any proceeds realized on the sale of such assets shall be considered as a receipt from such business;
(c) interest expenses;
(d) royalty paid on petroleum resources recovered under any Petroleum Resources Agreement. However, this amount shall not be allowed as a deduction under section 32;
(e) all expenses on the development and production of petroleum, including capital expenses, where a deduction under paragraph (b) above has not been granted;
(f) in the year of first commercial production, all costs incurred by any contractor in the exploration for unsuccessful wells in exploration blocks under any Petroleum Resources Agreement, upto and including such year of first commercial production;
(g) any costs incurred by any contractor in the exploration for unsuccessful wells in exploration blocks under any Petroleum Resources Agreement in any year of assessment, after the first commercial production.

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