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SECTION PART I.- PRELIMINARY 1. Short title 2 ... - Lexadin

SECTION PART I.- PRELIMINARY 1. Short title 2 ... - Lexadin

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casinghead petroleum spirit which has been injected into crude oil.<br />

(8) Where any crude oil which in relation to a particular company is<br />

chargeable oil is exported from Nigeria otherwise than by that company,<br />

that crude oil shall for the purposes of this section be deemed to be<br />

exported from Nigeria by that company.<br />

Part V - PERSONS CHARGEABLE<br />

Partnerships,<br />

etc.<br />

22. (1) Any person (other than a company) who engages in petroleum<br />

operations either on his own account or jointly with any other person or<br />

in partnership with any other person with a view to sharing the profits<br />

arising from those operations shall be guilty of an offence.<br />

(2) Where two or more companies are engaged in petroleum operations<br />

either in partnership, in a joint adventure or in concert under any scheme<br />

or arrangement, the Minister may make rules for the ascertainment of<br />

the tax to be charged and assessed upon each company so engaged.<br />

(3) Any such rules may modify the provisions of this Act in such<br />

manner as the Minister may think fit and may if necessary, provide for<br />

the apportionment of any profits, outgoings, expenses, liabilities,<br />

deductions, qualifying expenditure and the tax chargeable upon each<br />

company, or may provide for the computation of any tax as if the<br />

partnership, joint adventure, scheme or arrangement were carried on by<br />

one company and apportion that tax between the companies concerned<br />

or may accept some other basis of ascertaining the tax chargeable upon<br />

each of the companies which may be put forward by those companies<br />

and such rules may contain provisions which have regard to any<br />

circumstances whereby such operations are partly carried on for any<br />

companies by an operating company whose expenses are reimbursed by<br />

those companies.<br />

(4) Any such rules may be expressed to be of general application for the<br />

purposes of this section and Act or of particular application to a<br />

specified partnership, joint venture, scheme or arrangement.<br />

(5) Any such rules may be amended or replaced from time to time with<br />

or without retrospective effect.<br />

(6) The effect of any such rules shall not impose a greater burden of tax<br />

upon any company so engaged in any partnership, joint adventure,<br />

scheme or arrangement than would have been imposed upon that<br />

company under this Act if all things enjoyed, done or suffered by such<br />

partnership, joint adventure, scheme or arrangement had been enjoyed,<br />

done or suffered by that company in the proportion in which it enjoys,<br />

does or suffers those things under or by virtue of that partnership, joint<br />

adventure, scheme or arrangement.<br />

- 442 -

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