BP » Topics » United Kingdom Taxation

These excerpts taken from the BP 424B5 filed Mar 13, 2009.

United Kingdom Taxation

 

The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal, interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

United Kingdom Taxation

 


The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal,
interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the
comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to
BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

STYLE="margin-top:0px;margin-bottom:0px; margin-left:2%">1.    Debt securities issued by BP Capital U.K. (“U.K. debt securities”)

STYLE="margin-top:0px;margin-bottom:-6px"> 

(A)  While U.K. debt securities continue to be listed on a recognized stock
exchange as defined in Section 841 of the Income and Corporation Taxes Act 1988 (which includes the London and Paris Stock Exchanges), payments of interest may be made without withholding or deduction for or on account of United Kingdom income tax.

 

(B)  Interest on the debt securities may also be paid without
withholding or deduction on account of United Kingdom tax where interest on the debt securities is paid to a person who belongs in the United Kingdom and the Issuer reasonably believes (and any person by or through whom interest on the debt
securities is paid reasonably believes) that the beneficial owner is within the charge to United Kingdom corporation tax as regards the payment of interest at the time the payment is made, provided that the HM Revenue & Customs has not given a
direction that it has reasonable grounds to believe that it is likely that the beneficial owner is not within the charge to United Kingdom corporation tax in respect of such payment of interest at the time the payment is made.

STYLE="margin-top:0px;margin-bottom:0px"> 

(C)  In all cases not falling within paragraph (A) or (B) above, subject to relief
under an applicable double taxation treaty, interest on U.K. debt securities will be paid under deduction of United Kingdom income tax at the lower rate (currently 20%) except in the case of interest on U.K. debt securities with a maturity date of
less than one year from the date of issue (and the borrowing under such debt securities at no time forms part of a borrowing which is intended to have a total term of one year or more).

SIZE="1"> 

(D)  Payments on debt securities that, although not expressed to be interest, fall to be treated as yearly interest for United
Kingdom tax purposes will also be subject to the withholding tax rules described above. A premium payable on a redemption of a debt security may fall to be treated as yearly interest for United Kingdom tax purposes. When U.K. debt securities are
issued at a discount or redeemable at a premium, United Kingdom withholding tax will not apply to the payment of such discount or premium so long as it does not constitute yearly interest for U.K. tax purposes (other than discount treated as
interest solely by virtue of Section 381 Income Tax (Trading and Other Income) Act 2005).

 

FACE="Times New Roman" SIZE="2">(E)  Payments, or parts thereof, constituting income in respect of U.K. debt securities have a United Kingdom source and accordingly will be chargeable to United Kingdom tax by direct assessment even if paid
without withholding or deduction. However, income in respect of debt securities with a United Kingdom source received by a holder of debt securities without deduction or withholding on account of United Kingdom tax will not be chargeable to United
Kingdom tax by direct assessment unless that securities holder carries on a trade, profession or vocation in the United Kingdom through a United Kingdom branch, agency or permanent establishment in connection with which the income is received or to
which the debt securities are attributable. There are certain exemptions for income received by certain categories of agent (such as some brokers and investment managers).

 

2.    Debt Securities issued by BP Capital America and BP Canada (“non-U.K. debt securities”)

 

(A)  Payments of interest on non-U.K. debt securities may be made
without withholding on account of United Kingdom income tax.

 


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(B)  Any income in respect of debt securities issued by BP Capital America or BP Canada acting through a
permanent establishment located in the United Kingdom may have a United Kingdom source. The statements in paragraphs 1(A) to (E) above may apply to any such income having a United Kingdom source.

STYLE="margin-top:0px;margin-bottom:0px"> 

These excerpts taken from the BP 424B5 filed Mar 6, 2009.

United Kingdom Taxation

 

The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal, interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

United Kingdom Taxation

 


The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal,
interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the
comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to
BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

STYLE="margin-top:0px;margin-bottom:0px; margin-left:2%">1.    Debt securities issued by BP Capital U.K. (“U.K. debt securities”)

STYLE="margin-top:0px;margin-bottom:-6px"> 

(A)  While U.K. debt securities continue to be listed on a recognized stock
exchange as defined in Section 841 of the Income and Corporation Taxes Act 1988 (which includes the London and Paris Stock Exchanges), payments of interest may be made without withholding or deduction for or on account of United Kingdom income tax.

 

(B)  Interest on the debt securities may also be paid without
withholding or deduction on account of United Kingdom tax where interest on the debt securities is paid to a person who belongs in the United Kingdom and the Issuer reasonably believes (and any person by or through whom interest on the debt
securities is paid reasonably believes) that the beneficial owner is within the charge to United Kingdom corporation tax as regards the payment of interest at the time the payment is made, provided that the HM Revenue & Customs has not given a
direction that it has reasonable grounds to believe that it is likely that the beneficial owner is not within the charge to United Kingdom corporation tax in respect of such payment of interest at the time the payment is made.

STYLE="margin-top:0px;margin-bottom:0px"> 

(C)  In all cases not falling within paragraph (A) or (B) above, subject to relief
under an applicable double taxation treaty, interest on U.K. debt securities will be paid under deduction of United Kingdom income tax at the lower rate (currently 20%) except in the case of interest on U.K. debt securities with a maturity date of
less than one year from the date of issue (and the borrowing under such debt securities at no time forms part of a borrowing which is intended to have a total term of one year or more).

SIZE="1"> 

(D)  Payments on debt securities that, although not expressed to be interest, fall to be treated as yearly interest for United
Kingdom tax purposes will also be subject to the withholding tax rules described above. A premium payable on a redemption of a debt security may fall to be treated as yearly interest for United Kingdom tax purposes. When U.K. debt securities are
issued at a discount or redeemable at a premium, United Kingdom withholding tax will not apply to the payment of such discount or premium so long as it does not constitute yearly interest for U.K. tax purposes (other than discount treated as
interest solely by virtue of Section 381 Income Tax (Trading and Other Income) Act 2005).

 

FACE="Times New Roman" SIZE="2">(E)  Payments, or parts thereof, constituting income in respect of U.K. debt securities have a United Kingdom source and accordingly will be chargeable to United Kingdom tax by direct assessment even if paid
without withholding or deduction. However, income in respect of debt securities with a United Kingdom source received by a holder of debt securities without deduction or withholding on account of United Kingdom tax will not be chargeable to United
Kingdom tax by direct assessment unless that securities holder carries on a trade, profession or vocation in the United Kingdom through a United Kingdom branch, agency or permanent establishment in connection with which the income is received or to
which the debt securities are attributable. There are certain exemptions for income received by certain categories of agent (such as some brokers and investment managers).

 

2.    Debt Securities issued by BP Capital America and BP Canada (“non-U.K. debt securities”)

 

(A)  Payments of interest on non-U.K. debt securities may be made
without withholding on account of United Kingdom income tax.

 


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(B)  Any income in respect of debt securities issued by BP Capital America or BP Canada acting through a
permanent establishment located in the United Kingdom may have a United Kingdom source. The statements in paragraphs 1(A) to (E) above may apply to any such income having a United Kingdom source.

STYLE="margin-top:0px;margin-bottom:0px"> 

These excerpts taken from the BP 424B5 filed Nov 5, 2008.

United Kingdom Taxation

 

The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal, interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

United Kingdom Taxation

 


The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal,
interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the
comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to
BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

STYLE="margin-top:0px;margin-bottom:0px; margin-left:2%">1.    Debt securities issued by BP Capital U.K. (“U.K. debt securities”)

STYLE="margin-top:0px;margin-bottom:-6px"> 

(A)  While U.K. debt securities continue to be listed on a recognized stock
exchange as defined in Section 841 of the Income and Corporation Taxes Act 1988 (which includes the London and Paris Stock Exchanges), payments of interest may be made without withholding or deduction for or on account of United Kingdom income tax.

 

(B)  Interest on the debt securities may also be paid without
withholding or deduction on account of United Kingdom tax where interest on the debt securities is paid to a person who belongs in the United Kingdom and the Issuer reasonably believes (and any person by or through whom interest on the debt
securities is paid reasonably believes) that the beneficial owner is within the charge to United Kingdom corporation tax as regards the payment of interest at the time the payment is made, provided that the HM Revenue & Customs has not given a
direction that it has reasonable grounds to believe that it is likely that the beneficial owner is not within the charge to United Kingdom corporation tax in respect of such payment of interest at the time the payment is made.

STYLE="margin-top:0px;margin-bottom:0px"> 

(C)  In all cases not falling within paragraph (A) or (B) above, subject to relief
under an applicable double taxation treaty, interest on U.K. debt securities will be paid under deduction of United Kingdom income tax at the lower rate (currently 20%) except in the case of interest on U.K. debt securities with a maturity date of
less than one year from the date of issue (and the borrowing under such debt securities at no time forms part of a borrowing which is intended to have a total term of one year or more).

SIZE="1"> 

(D)  Payments on debt securities that, although not expressed to be interest, fall to be treated as yearly interest for United
Kingdom tax purposes will also be subject to the withholding tax rules described above. A premium payable on a redemption of a debt security may fall to be treated as yearly interest for United Kingdom tax purposes. When U.K. debt securities are
issued at a discount or redeemable at a premium, United Kingdom withholding tax will not apply to the payment of such discount or premium so long as it does not constitute yearly interest for U.K. tax purposes (other than discount treated as
interest solely by virtue of Section 381 Income Tax (Trading and Other Income) Act 2005).

 

FACE="Times New Roman" SIZE="2">(E)  Payments, or parts thereof, constituting income in respect of U.K. debt securities have a United Kingdom source and accordingly will be chargeable to United Kingdom tax by direct assessment even if paid
without withholding or deduction. However, income in respect of debt securities with a United Kingdom source received by a holder of debt securities without deduction or withholding on account of United Kingdom tax will not be chargeable to United
Kingdom tax by direct assessment unless that securities holder carries on a trade, profession or vocation in the United Kingdom through a United Kingdom branch, agency or permanent establishment in connection with which the income is received or to
which the debt securities are attributable. There are certain exemptions for income received by certain categories of agent (such as some brokers and investment managers).

 

2.    Debt Securities issued by BP Capital America and BP Canada (“non-U.K. debt securities”)

 

(A)  Payments of interest on non-U.K. debt securities may be made
without withholding on account of United Kingdom income tax.

 


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Table of Contents


(B)  Any income in respect of debt securities issued by BP Capital America or BP Canada acting through a
permanent establishment located in the United Kingdom may have a United Kingdom source. The statements in paragraphs 1(A) to (E) above may apply to any such income having a United Kingdom source.

STYLE="margin-top:0px;margin-bottom:0px"> 

These excerpts taken from the BP 424B5 filed Mar 13, 2008.

United Kingdom Taxation

 

The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal, interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

United Kingdom Taxation

 


The following is a summary of the material United Kingdom withholding tax consequences at the date hereof in relation to the payment of principal,
interest, discount and premium in respect of the debt securities and also contains a summary of the material United Kingdom tax consequences of the ownership and disposition of debt securities. Except where the context otherwise requires, the
comments relate only to the position of persons who are absolute beneficial owners of the debt securities and do not deal with the position of certain classes of holders such as dealers. This section is the opinion of the Group General Counsel to
BP. We urge prospective investors who are in any doubt as to their tax positions to consult their professional advisers.

 

STYLE="margin-top:0px;margin-bottom:0px; margin-left:2%">1.    Debt securities issued by BP Capital U.K. (“U.K. debt securities”)

STYLE="margin-top:0px;margin-bottom:-6px"> 

(A)  While U.K. debt securities continue to be listed on a recognized stock
exchange as defined in Section 841 of the Income and Corporation Taxes Act 1988 (which includes the London and Paris Stock Exchanges), payments of interest may be made without withholding or deduction for or on account of United Kingdom income tax.

 

(B)  Interest on the debt securities may also be paid without
withholding or deduction on account of United Kingdom tax where interest on the debt securities is paid to a person who belongs in the United Kingdom and the Issuer reasonably believes (and any person by or through whom interest on the debt
securities is paid reasonably believes) that the beneficial owner is within the charge to United Kingdom corporation tax as regards the payment of interest at the time the payment is made, provided that the HM Revenue & Customs has not given a
direction that it has reasonable grounds to believe that it is likely that the beneficial owner is not within the charge to United Kingdom corporation tax in respect of such payment of interest at the time the payment is made.

STYLE="margin-top:0px;margin-bottom:0px"> 

(C)  In all cases not falling within paragraph (A) or (B) above, subject to relief
under an applicable double taxation treaty, interest on U.K. debt securities will be paid under deduction of United Kingdom income tax at the lower rate (currently 20%) except in the case of interest on U.K. debt securities with a maturity date of
less than one year from the date of issue (and the borrowing under such debt securities at no time forms part of a borrowing which is intended to have a total term of one year or more).

SIZE="1"> 

(D)  Payments on debt securities that, although not expressed to be interest, fall to be treated as yearly interest for United
Kingdom tax purposes will also be subject to the withholding tax rules described above. A premium payable on a redemption of a debt security may fall to be treated as yearly interest for United Kingdom tax purposes. When U.K. debt securities are
issued at a discount or redeemable at a premium, United Kingdom withholding tax will not apply to the payment of such discount or premium so long as it does not constitute yearly interest for U.K. tax purposes (other than discount treated as
interest solely by virtue of Section 381 Income Tax (Trading and Other Income) Act 2005).

 

FACE="Times New Roman" SIZE="2">(E)  Payments, or parts thereof, constituting income in respect of U.K. debt securities have a United Kingdom source and accordingly will be chargeable to United Kingdom tax by direct assessment even if paid
without withholding or deduction. However, income in respect of debt securities with a United Kingdom source received by a holder of debt securities without deduction or withholding on account of United Kingdom tax will not be chargeable to United
Kingdom tax by direct assessment unless that securities holder carries on a trade, profession or vocation in the United Kingdom through a United Kingdom branch, agency or permanent establishment in connection with which the income is received or to
which the debt securities are attributable. There are certain exemptions for income received by certain categories of agent (such as some brokers and investment managers).

 

2.    Debt Securities issued by BP Capital America and BP Canada (“non-U.K. debt securities”)

 

(A)  Payments of interest on non-U.K. debt securities may be made
without withholding on account of United Kingdom income tax.

 


40







Table of Contents


(B)  Any income in respect of debt securities issued by BP Capital America or BP Canada acting through a
permanent establishment located in the United Kingdom may have a United Kingdom source. The statements in paragraphs 1(A) to (E) above may apply to any such income having a United Kingdom source.

STYLE="margin-top:0px;margin-bottom:0px"> 

This excerpt taken from the BP 20-F filed Jun 13, 2006.

United Kingdom Taxation

        A US holder may be liable for both United Kingdom and United States tax in respect of a gain on the disposal of ordinary shares or ADSs if the US holder is (i) a citizen of the United States resident or ordinarily resident in the United Kingdom, (ii) a United States domestic corporation resident in the United Kingdom by reason of its business being managed or controlled in the United Kingdom or (iii) a citizen of the United States or a corporation that carries on a trade or profession or vocation in the United Kingdom through a branch or agency or, in respect of corporations for accounting periods beginning on or after January 1, 2003, through a permanent establishment, and that have used, held, or acquired the ordinary shares or ADSs for the purposes of such trade, profession or vocation of such branch, agency or permanent establishment. However, subject to applicable limitations and provisions of the Old Treaty, such persons may be entitled to a tax credit against their United States federal income tax liability for the amount of United Kingdom capital gains tax or UK corporation tax on chargeable gains (as the case may be) which is paid in respect of such gain.

        Under the New Treaty, capital gains on dispositions of ordinary shares or ADSs generally will be subject to tax only in the jurisdiction of residence of the relevant holder as determined under both the laws of the United Kingdom and the United States and as required by the terms of the New Treaty.

        Under the New Treaty, individuals who are residents of either the United Kingdom or the United States and who have been residents of the other jurisdiction (the United States or the United Kingdom, as the case may be) at any time during the six years immediately preceding the relevant disposal of ordinary shares or ADSs may be subject to tax with respect to capital gains arising from a disposition of ordinary shares or ADSs of the Company not only in the jurisdiction of which the holder is resident at the time of the disposition, but also in the other jurisdiction.

This excerpt taken from the BP 20-F filed Jun 30, 2005.

United Kingdom Taxation

        A US holder may be liable for both United Kingdom and United States tax in respect of a gain on the disposal of ordinary shares or ADSs if the US holder is (i) a citizen of the United States resident or ordinarily resident in the United Kingdom, (ii) a United States domestic corporation resident in the United Kingdom by reason of its business being managed or controlled in the United Kingdom or (iii) a citizen of the United States or a corporation that carries on a trade or profession or vocation in the United Kingdom through a branch or agency or, in respect of corporations for accounting periods beginning on or after January 1, 2003, through a permanent establishment, and that have used, held, or acquired the ordinary shares or ADSs for the purposes of such trade, profession or vocation of such branch, agency or permanent establishment. However, subject to applicable limitations and provisions of the Old Treaty, such persons may be entitled to a tax credit against their United States federal income tax liability for the amount of United Kingdom capital gains tax or UK corporation tax on chargeable gains (as the case may be) which is paid in respect of such gain.

        Under the New Treaty, capital gains on dispositions of ordinary shares or ADSs generally will be subject to tax only in the jurisdiction of residence of the relevant holder as determined under both the laws of the United Kingdom and the United States and as required by the terms of the New Treaty.

        Under the New Treaty, individuals who are residents of either the United Kingdom or the United States and who have been residents of the other jurisdiction (the United States or the United Kingdom, as the case may be) at any time during the six years immediately preceding the relevant disposal of ordinary shares or ADSs may be subject to tax with respect to capital gains arising from a disposition of ordinary shares or ADSs of the Company not only in the jurisdiction of which the holder is resident at the time of the disposition, but also in the other jurisdiction.

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