“Disposal” or “disposed of” are terminologies used frequently in relation to chargeable oil owned by an oil-producing company under the provisions of the Petroleum Profits Tax Act Cap P.13 LFN 2004.

Required:

(i) Differentiate between “disposal” and “disposed of”. (2 Marks)

(ii) Discuss the following:

  • Intangible drilling costs. (2 Marks)
  • Oil mining lease. (1 Mark)

(i) Differentiation between “disposal” and “disposed

  • Disposal: In the context of chargeable oil, disposal refers to the delivery, without sale, of chargeable oil by an oil company, which typically occurs when oil is sent to another party.
  • Disposed of: This term refers to chargeable oil that has been delivered, again without sale, but specifically to a refinery or an adjacent storage tank for refining by the company.

(ii) Discussion

  • Intangible Drilling Costs (2 Marks): These costs are expenditures related to labor, repairs, maintenance, hauling, and materials (excluding well cement casing or fixtures) necessary for drilling, cleaning, deepening, or preparing wells. They encompass:
    • Determination of well locations, geological surveys, and studies preparatory to drilling;
    • Drilling, shooting, testing, and cleaning wells;
    • Land clearing, road building, laying foundations;
    • Erection of rigs and assembly of necessary infrastructure for drilling operations.
  • Oil Mining Lease (1 Mark): An oil mining lease is a lease granted under the Minerals Act to a company, permitting it to extract petroleum from a specified area or to assign the lease to another party.