DỰ ÁN TĂNG CƯỜNG

HỆ SỐ THU HỒI DẦU

Luật pháp Việt Nam và một số quốc gia trên thế giới
LUẬT PHÁP VIỆT NAM
HOA KỲ
On August 9, 2021, the Internal Revenue Service (“IRS”) released Notice 2021-47, which appears in IRS Bulletin No. 2021-32. This notice
announces the inflation adjustment factor and phase-out amount for the enhanced oil recovery (“EOR”) credit under Section 43 of the Internal
Revenue Code of 1986, as amended (the “Code”), for taxable years beginning in the 2021 calendar year. As described below, under Notice
2021-47, the EOR credit for qualified costs paid or incurred in 2021 is the full 15 percent (and is determined without the phase-out for crude
oil price increases).

Section 43 of the Code provides for a tax credit for certain EOR project costs incurred in the United States. Under Section 43(a) of the Code,
the EOR credit for any taxable year is 15 percent of a taxpayer’s qualified EOR costs for such year. The 15 percent, however, is reduced in
certain situations where the prior year reference price exceeds, by a certain amount, $28 multiplied by the inflation adjustment factor for the
prior year.

Because the 2020 reference price ($37.07) does not exceed $28 multiplied by the 2020 inflation adjustment factor (1.7849) ($49.9772), the
Section 43 credit for qualified costs paid or incurred in 2021 is the full 15 percent. This is a change from 2019 and 2020, when the credit was
fully phased out. Based on 2021 crude oil prices, a potential 2022 Section 43 EOR credit ought to receive careful forecasting consideration.
CANADA
TRINIDAD VÀ TOBAGO
• In fiscal year 2021/2022 an incentive to encourage enhanced oil recovery was introduced–allowing
the investor to recover and write off up to 30% of the project costs up to TT$500,000 against their
tax liability (GORTT MOF, 2021b).
• An allowance equal to 30% of the actual expenditure incurred investing in carbon capture and
storage and enhanced oil recovery is available, up to a maximum of TTD 500,000.
MALAYSIA
• The Minister may determine a qualifying project which is a project undertaken by a chargeable
person:
• (a) in a field which carries out one or more projects in respect of enhanced oil recovery, high carbon
dioxide gas, high pressure high temperature or any combination thereof;
• (b) in an area under a petroleum agreement, in respect of a deepwater project.

for the purpose of carrying on petroleum operations, there shall be given to that chargeable person for that
year of assessment an investment allowance equal to sixty per cent of that expenditure incurred in the
basis period for a year of assessment within a period of ten years (hereinafter referred to as “qualifying
period”).