Income Tax (Petroleum) Act · 2022 Revised Edition · Part · Imposition of Tax and Ascertainment of Chargeable Profits
9. Deductions allowed in ascertainment of chargeable profits
Official textFrom Attorney General's Chambers, unchanged
Subject to the express provisions of this Act, there shall be deducted in computing the chargeable profits of any company from its petroleum operations for any basis period all outgoings and expenses wholly and exclusively incurred, whether within or outside Brunei Darussalam, during that period by such company for the purpose of those operations including but without in any way limiting the generality of the foregoing —
chargeable profits
“chargeable profits” means profits ascertained in accordance with the provisions of section 8 or 10A;
any rents (other than yearly payments deductible in ascertaining the chargeable tax under section 14) incurred by the company in respect of land and buildings occupied for its petroleum operations;
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any compensation incurred for disturbance of surface rights or for any other disturbance or for all damage or injury to the property and rights of other parties;
any expense incurred for repair of premises, plant, machinery or fixtures employed for the purpose of carrying on petroleum operations or for the renewal, repair or alteration of any implement, utensil or article so employed;
debts due to the company and proved to the satisfaction of the Collector to have become bad or doubtful during the period for which the chargeable profits are being ascertained, notwithstanding that the bad or doubtful debts were due and payable prior to the commencement of that period:
Provided that —
all sums recovered during that period on account of amounts previously deducted in respect of bad or doubtful debts, either under this Act or under the
Income Tax Act (Chapter 35), shall for the purposes of this Act be treated as chargeable profits for that period;
the debts in respect of which a deduction is claimed were either —
included as a receipt from the carrying on of petroleum operations in the chargeable profits of the year within which they were incurred; or
advances made in the normal course of carrying on petroleum operations;
any expense incurred in connection with the drilling of appraisal wells and development wells but excluding any expenditure which is qualifying expenditure for the purpose of the Schedule to this Act;
any contribution to a pension, provident or other society or fund which has already been approved under the Income Tax Act
(Chapter 35) or which may be approved from time to time by the
Collector subject to such conditions as he may impose;
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sums allowable as deductions in respect of capital expenditure in accordance with the provisions of the Schedule to this
Act;
any sum contractually due by the company by way of annuity, royalty or other such recurring payment by reason of any agreement referred to in section 12(1);
such other deductions as may be prescribed.
There shall be deducted in computing the chargeable profits of any company from its petroleum operations for any basis period —
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;
a fair proportionate share of any overhead costs incurred by the company partly for the purposes of petroleum operations carried on by the company and partly for other purposes;
the amount of any loss incurred by that company during any previous basis period which if it had been a profit would have been a chargeable profit for the purposes of section 8:
Provided that —
in no circumstances shall the aggregate deduction from chargeable profits in respect of any such loss exceed the amount of such loss; and
a deduction under this paragraph shall be made as far as possible in computing the amount, if any, of the chargeable profits for the first basis period after that in which the loss was incurred, and, so far as it cannot be so made, then in computing the chargeable profits for the next basis period, and so on;
the amount or value, not exceeding one-sixth of the chargeable profits remaining after the deductions authorised by paragraphs (a) and (b) have been made, of gifts made by the company in that basis period to any institution of a public character in Brunei Darussalam approved for this purpose by the Minister:
Provided that the Minister may at any time in his discretion withdraw such approval.
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In this paragraph, “institution of a public character” means —
any hospital which is not operated or conducted for profit;
a public or other benevolent institution or organisation not operated or conducted for profit;
an educational institution which is not operated or conducted for profit;
a public fund established and maintained for the relief of distress among members of the public.
Terms defined in s 2
Brunei Darussalam
Defined · s 2“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;
chargeable profits
Defined · s 2“chargeable profits” means profits ascertained in accordance with the provisions of section 8 or 10A;
Collector
Defined · s 2“Collector” means the Collector of Income Tax appointed under section 3 and includes for all purposes of this Act, except the powers conferred on the Collector by sections 38, 39 and 42, a Deputy Collector so appointed;
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;
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;
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