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Kenya moves to create new oil and gas tax rules
By: Reuters
26th October 2012
Kenya will revamp its tax rules to benefit more from profits earned by foreign oil and gas exploration, Permanent Secretary of Energy Patrick Nyoike said on Thursday.
The east African nation has drawn petroleum exploration activity but has no capital gains tax rules and no laws that allow it to tax companies for transactions that take place outside its jurisdiction, even if they result in changes to shareholdings in Kenyan subsidiaries.
Inadequate regulations meant the country was missing out, Nyoike said.
"We don't have capital gains. That's a major, major problem for us," he told reporter on the sidelines of an oil and gas conference in Nairobi.
Nyoike said a bill the Kenyan Treasury proposed in early October that would tax mining and oil companies 10 percent to 20 percent of capital gains booked in transactions, such as mergers, was inadequate.
Licences for oil and gas blocks in Kenya have drastically increased in value in the past nine months after British explorer Tullow Oil announced it discovered the first oil in the country, which is being tested for commerciality.
Yet Nyoike said there were too many loopholes and the country could run into the same problems its neighbours have over tax matters.
To the west, Uganda - which has already established it has commercial quantities of oil - was unable to tax UK-based Heritage Oil after the company discovered oil in the country and then sold its exploration and production rights to Tullow Oil, booking $1.45-billion in profits.
The Ugandan government ultimately served Tullow a tax bill for $313-million over the matter and entered arbitration proceedings with Heritage in London.
"Take the Turkana case [where Tullow found oil] ... same as Uganda, if one of the partners in the consortium decides to exit, we would not have an arrangement of getting anything," Nyoike said.
He said Kenya needed to act fast, citing one deal he said was already slipping through the fingers of Kenyan tax collectors.
Irish firm Cove Energy announced earlier this year that Thai state oil company PTT Exploration would buy it. Cove has a licence for an exploration block offshore Kenya.
Kenya is also unable to tax the sale of a stake in an exploration licence by one company to a third party. However, Nyoike said the country would only seek to make tax rules to apply to companies that exit Kenya completely.
Kenya's petroleum rules were last updated in 1986. The tax measures are part of a broad overhaul of the rules governing the industry which the Ministry of Energy is trying to push through Parliament.
http://www.engineeringnews.co.za/article/kenya-says-to-create-new-oil-and-gas-tax-rules-2012-10-26
By: Reuters
26th October 2012
Kenya will revamp its tax rules to benefit more from profits earned by foreign oil and gas exploration, Permanent Secretary of Energy Patrick Nyoike said on Thursday.
The east African nation has drawn petroleum exploration activity but has no capital gains tax rules and no laws that allow it to tax companies for transactions that take place outside its jurisdiction, even if they result in changes to shareholdings in Kenyan subsidiaries.
Inadequate regulations meant the country was missing out, Nyoike said.
"We don't have capital gains. That's a major, major problem for us," he told reporter on the sidelines of an oil and gas conference in Nairobi.
Nyoike said a bill the Kenyan Treasury proposed in early October that would tax mining and oil companies 10 percent to 20 percent of capital gains booked in transactions, such as mergers, was inadequate.
Licences for oil and gas blocks in Kenya have drastically increased in value in the past nine months after British explorer Tullow Oil announced it discovered the first oil in the country, which is being tested for commerciality.
Yet Nyoike said there were too many loopholes and the country could run into the same problems its neighbours have over tax matters.
To the west, Uganda - which has already established it has commercial quantities of oil - was unable to tax UK-based Heritage Oil after the company discovered oil in the country and then sold its exploration and production rights to Tullow Oil, booking $1.45-billion in profits.
The Ugandan government ultimately served Tullow a tax bill for $313-million over the matter and entered arbitration proceedings with Heritage in London.
"Take the Turkana case [where Tullow found oil] ... same as Uganda, if one of the partners in the consortium decides to exit, we would not have an arrangement of getting anything," Nyoike said.
He said Kenya needed to act fast, citing one deal he said was already slipping through the fingers of Kenyan tax collectors.
Irish firm Cove Energy announced earlier this year that Thai state oil company PTT Exploration would buy it. Cove has a licence for an exploration block offshore Kenya.
Kenya is also unable to tax the sale of a stake in an exploration licence by one company to a third party. However, Nyoike said the country would only seek to make tax rules to apply to companies that exit Kenya completely.
Kenya's petroleum rules were last updated in 1986. The tax measures are part of a broad overhaul of the rules governing the industry which the Ministry of Energy is trying to push through Parliament.
http://www.engineeringnews.co.za/article/kenya-says-to-create-new-oil-and-gas-tax-rules-2012-10-26