Income Tax (Petroleum) Act · 2022 Revised Edition · Part 5
15. Companies not resident in Brunei Darussalam
Official textFrom Attorney General's Chambers, unchanged
A company not resident in Brunei Darussalam which is or has been engaged in petroleum operations (in this section called “non-resident company”) shall be assessable and chargeable to tax, either directly or in the name of its manager, or in the name of any other person who is resident in
company
“company” means a company incorporated or registered in Brunei Darussalam under the Companies Act or under any law in force elsewhere, but does not include the company acting as a State Party in a petroleum mining Agreement in accordance with the Petroleum Mining Act;
Brunei Darussalam and employed in the management of the petroleum operations carried on by such non-resident company, in like manner and to the like amount as such non-resident company would be assessed and charged if it were resident in Brunei Darussalam.
Brunei Darussalam
“Brunei Darussalam” includes the submarine areas beneath the territorial waters of Brunei Darussalam and the submarine areas beneath any other waters over which the Government exercises or may hereafter exercise sovereign rights in respect of minerals;
The person in whose name a non-resident company is assessable and chargeable to tax shall be answerable —
person
“person” means any individual or group of individuals and any company, corporation or other body;
for all matters required to be done by virtue of this Act for the assessment of the tax as might be required to be done by such non-resident company if it were resident in Brunei Darussalam; and
for paying any tax assessed and charged in the name of such person by virtue of subsection (1).
Income Tax (Petroleum)
Terms defined in s 2
company
Defined · s 2“company” means a company incorporated or registered in Brunei Darussalam under the Companies Act or under any law in force elsewhere, but does not include the company acting as a State Party in a petroleum mining Agreement in accordance with the Petroleum Mining Act;
person
Defined · s 2“person” means any individual or group of individuals and any company, corporation or other body;
petroleum
Defined · s 2“petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition and casing-head petroleum spirit but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
petroleum operations
Defined · s 2“petroleum operations” means searching for and winning or obtaining of petroleum in Brunei Darussalam by or on behalf of a company for its own account by any method or means in the course of a business carried on by a company engaged in such operations, and all operations incidental thereto, and the sale or disposal by such company or any other company carrying on business through a permanent establishment in Brunei Darussalam of petroleum so won or obtained, and includes the transportation within Brunei Darussalam by such companies of petroleum so won or obtained to any point of sale or delivery or export and any field process necessary to reduce petroleum so won or obtained to a marketable condition, but does not include — (a) any transportation of petroleum outside Brunei Darussalam; (b) any process of refining at a refinery; or (c) any dealings with products so refined;
resident in Brunei Darussalam
Defined · s 2“resident in Brunei Darussalam”, when applied to a company, means a company the control and management of the business of which are exercised in Brunei Darussalam;
Part
Returns
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Assessments
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Appeals
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Collection, Recovery and Repayment of Tax
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Offences and Penalties
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