Oil companies under siege over tax in South America

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Oil companies under siege over tax in South America

oilpic-may06.jpg

Tax demands for oil industry

Tax disputes in both Ecuador and Venezuela have underlined how some South American nations are using tax rates to increase the revenue they collect from oil companies.

On March 31 Ecuador's congress voted to impose a 60% tax on "extraordinary profits" earned by foreign investors in the oil sector, before President Alfredo Palacio announced his intention to change the oil tax reform, hoping to make it more appealing to private oil companies. And conflict between the Venezuelan government and multinational companies is continuing, though it seems to be nearing an end.

If the Bill is passed as it stands in Ecuador, it could damage the country's reputation among international oil companies. Previous contracts signed with international companies such as Occidental, a US company, in the early nineties established a reference price of $15 per barrel. The legislation proposes that the government take 60% of all revenues above that price. The legislation could earn the country up to $570m in extra revenue.

The rise is expected to affect 10 foreign companies in particular, said Petroecuador, a state oil company, Occidental and Repsol of Spain are likely to be hit the hardest. Occidental has a 14% share in the recently built Ecuadorean transcontinental pipeline, Oleoducto de Crudos Pesados, and consequently saw a tripling of profits between 2002 and 2005. But these profits are under threat, and if legislation does pass unchanged, investors may move away. The company declined to comment on the controversy to International Tax Review.

Ivan Rodriguez, the energy minister, however, insisted that Ecuador can, and will, do business with companies from other nations, many of whom are "desperate to enter the country." Speaking to foreign correspondents on April 5, "If there are companies that do not feel comfortable remaining in the country, (following the tax hikes) we will have to look for alternatives," he said. Chinese, Russian, Indian, Iranian and Latin American companies are reported to have shown keen interest.

Diego Borja, who heads the finance ministry, and initially championed the legislation said: "This is the president's decision. I think that it is fine that the administration has talked to private oil companies about this law. The solutions are in working together, not being distant." Palacio's changes could include a removal of the planned 60% hike, staying with the current 50%.

The Venezuelan government's fights over tax with several big oil companies such as Chevron appear to be moving closer to resolution. On April 5, Jose Vielma Mora, the head of Venezuela's tax office, said that Chevron would pay VEB161 billion ($75 million) in back taxes.

The payment follows a tax bill for the US-owned company of $43 million, which was announced in March 2006. The bill has risen because of interest payments and additional fines on top of the original amount. The Venezuela tax head also said that Total had paid their tax bill after the authorities gave the French-owned oil company a day to pay in March.

Total owed the Venezuelan tax authorities about $99 million from between 2001 and 2004. The authorities said non-payment within 24 hours would lead to fines, office closures and property seizures.

Venezuela says that oil companies were paying a 34% tax rate, when they should have been paying 50%. As long as Venezuela tries to control its oil, it seems there pressure will remain on oil companies to contribute more to the nation's coffers. TY

more across site & shared bottom lb ros

More from across our site

Using tax to enhance its standing as a funds location is behind Luxembourg’s measures aimed at clarifying ATAD 2 and making its carried interest regime more attractive
Encompassing everything from international scandals to seismic political events, it’s a privilege to cover the intriguing world of tax
In his newly created role, current SSA commissioner Bisignano will oversee all day-to-day IRS operations; in other news, Ryan has made its second acquisition in two weeks
In the age of borderless commerce, money flows faster than regulation. While digital platforms cross oceans in milliseconds, tax authorities often lag. Indonesia has decided it can wait no longer
The tariffs are disrupting global supply chains and creating a lot of uncertainty, tax expert Miguel Medeiros told ITR’s European Transfer Pricing Forum
Corporate counsel should combine deep technical knowledge with strategic dynamism, says Agarwal, winner of ITR’s EMEA In-house Indirect Tax Leader of the Year award
Luxembourg’s reform agenda continues at pace in 2025, with targeted measures for start-ups and alternative investment funds
Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Nobody likes paperwork or paying money, but the assertion that legal accreditation doesn’t offer value to firms and clients alike is false
Gift this article