PETROLEUM INDUSTRY ACT, 2021

Section 277: Preparation and delivery of accounts and particulars.

2021Section 277 of 320Federal Republic of Nigeria

1 Every company engaged in upstream petroleum operations related to crude oil shall for each accounting period of the company make up accounts of its profits or losses and prepare the following particulars for the purpose of determining hydrocarbon tax —
a a statement of accounts of its profits or losses;
b computations of its actual adjusted profit or loss and actual assessable profits of that period;
c in connection with the Fifth Schedule to this Act, a schedule showing —
(i) the residues at the end of that period in respect of its assets,
(ii) all qualifying petroleum expenditure incurred by it in that period,
(iii) the values of any of its assets disposed of in that period, and
(iv) the allowances due to it under that schedule for that period; [Fifth Schedule.]
d in connection with the Sixth Schedule to this Act, a schedule showing total production allowance from each and every field of its upstream petroleum operations related to crude oil; [Sixth schedule]
e a computation of its actual chargeable profits for that period for the two classes of chargeable profits identified in section
267 (a) and (b) of this Act;
f a statement of amounts repaid, refunded, waived or released to it, referred to in section 263 (2) of this Act, during that period;
g a computation of its chargeable tax for that period and where associated gas is being sold or otherwise delivered through the measurement point the methodology used to determine the chargeable tax;
h duly completed self-assessment form attested to by the principal officer of the company; and
i evidence of payment of the final instalment.

2 Every company engaged in upstream petroleum operations related to crude oil shall, with respect to any accounting period of the company and within five months after the expiration of that period or within five months after the effective date of this Act, whichever is later, deliver to the Service a copy of its accounts, bearing an auditor's certificate, of that period, in accordance with subsection (1) and copies of the particulars referred to in subsection (1) relating to that period with the copy of the delivered company accounts and each copy of those particulars, shall, where the copies are —
a not estimates, contain a declaration signed by authorised officer of the company or by its liquidator, receiver or the agent of the liquidator or receiver, that the same is true and complete; and
b estimates, contain a declaration, similarly signed, that the estimate was made to the best of the ability of the person signing same.

3 Notwithstanding the provisions of this section, every company which is yet to commence bulk sales or disposal of chargeable oil, shall file with the Service its audited accounts and returns —
a within 18 months from the date of its incorporation, in the
case of a newly incorporated company; and
b within five months after any period ending on 31st December, in the case of any other company, provided that where there is an interval between 31st December of the preceding year and the date on which the company commences the bulk sale or disposal of chargeable oil, natural gas or condensate, the interval shall be deemed to form part of the preceding period.

4 A company which fails to comply with subsection (2) or (3) is liable to pay as penalty for late filing —
a N 10,000,000 on the first day the failure occurs and N2,000,000 for each and every subsequent day in which the failure continues; or
b other sum as may be prescribed by the Minister of Finance by order published in the Federal Government Gazette.

Cite this section

Section 277, PETROLEUM INDUSTRY ACT, 2021 (2021).

https://repo.podus.ai/laws/petroleum-industry-act-2021/section/277/