Myanmar: Tax incentives and new oil and gas bidding round

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Myanmar: Tax incentives and new oil and gas bidding round

herman.jpg

Cynthia Herman

New round of bids for onshore blocks announced

The Myanmar government announced a new round of bids on January 17 2013, giving oil and gas companies two months in which to submit their expression of interest.

There are18 onshore blocks included in this bidding round, including five improved oil recovery blocks and some relinquished blocks, with the bidding for offshore blocks expected to be announced in the near future.

The official announcement asks potential bidders to submit a letter of expression of interest (EoI) along with various company documents endorsed by the Myanmar embassy. It states that potential bidders must cooperate with at least one Myanmar-owned company, confirming the anticipated requirement for a local partner for the onshore blocks bid, however no documents are needed in relation to the local partner at the EoI stage.

From these EoIs, pre-qualified bidders will be selected and given a general overview of each block and access to data by the Myanma Oil and Gas Enterprise (MOGE), and standard terms and conditions by the Ministry of Energy's Energy Planning Department (EPD). Then bidders can propose terms for up to three blocks, using a separate proposal for each block. The proposed terms will be evaluated by the Ministry of Energy, and the bidder with the best terms will be awarded the contract.

Oil and Gas PSCs and Myanmar's new Foreign Investment Law

The production sharing contracts (PSCs) which Myanmar uses for oil and gas exploration are based on a modern and detailed template. Contractors enter the PSC with MOGE and commit to a work program and in case of a discovery which leads to production, recover their costs (with certain time delays built in), pay royalties, share the produced oil or gas with the government, and pay income taxes. The royalty is payable to the government on all available petroleum, with 12.5% a typical rate.

Contractors can obtain tax and customs duty exemptions under the Foreign Investment Law (FIL). The replacement to the 1998 investment law was issued in 2012 with the implementing rules and regulations due to be issued in February 2013. The FIL affects the tax regime applied to the contractor as the PSC or side-letter usually states that certain tax incentives under the FIL are available to the contractor; the FIL therefore plays a large role in providing income tax exemptions and deferrals. Furthermore, customs duties exemptions for equipment and consumables used in petroleum operations are regulated under the FIL.

The 1988 investment law provided an automatic three year tax holiday for approved projects. In the new FIL, that three year tax holiday has been extended to five years. To date there has not been any official decision on whether the new FIL's five year tax holiday will also apply to oil and gas exploration and production however under the old rules, the three year exemption specified in the 1988 FIL was indeed applicable to oil companies as well.

Cynthia Herman (cynthia.herman@vdb-loi.com)

VDB Loi

Tel: +95 942 112 9769

Website: www.vdb-loi.com

more across site & shared bottom lb ros

More from across our site

Tax advisers should revisit India secondment arrangements after the EY US ruling strengthened the Centrica precedent and raised fresh withholding concerns
Despite the shortfall, effective tax rates of multinationals have seen a ‘statistically significant rise’
After joining Milbank from Akin Gump, the fund tax specialist discusses sponsor demand, practice building, and the tax challenges facing asset managers
Partner payouts could also be reduced by a fifth, it has been reported
There is no logical reason not to extend an exemption from EU CFC rules to multinationals headquartered in side-by-side jurisdictions, USCIB said
While rarely the sole driver of a combination, tax is becoming an increasingly important part of firms' efforts to keep up with client expectations
New research, which suggests LLMs can silently corrupt complex documents, should alert tax and legal teams relying on AI to handle iterative drafting and compliance workflows
Maintaining increased funding for HMRC is a ‘high possibility’ if he becomes PM, ITR has also heard
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2026 Europe Tax Awards
The firm has hired a team of private client lawyers from Withers to launch in New York and Connecticut, though ITR analysis suggests it faces stiff competition
Gift this article