TTM03920 - Qualifying companies and ships: Flagging - condition 2
FA00/SCH22A/PARA22A (3)
»Ê¹ÚÌåÓýappse EU/EEA 'flagging' rules were repealed by FA22/S25 (6) and (7) with effect from 1 April 2022
»Ê¹ÚÌåÓýapp second condition to be considered was whether the proportion of the company’s total tonnage that was flagged on a relevant register (EU/EEA plus UK and Gibraltar) was on average less than 60% over a period beginning with the start of that financial year and ending on the day the company began to operate the new ship.
»Ê¹ÚÌåÓýapp percentage of a company’s total tonnage which is a relevant register was:
CFT x 100 ÷ TT
where:
- CFT was the aggregate tonnage of such of the relevant ships that are registered on a relevant register
- TT was the aggregate tonnage of all the relevant ships.
»Ê¹ÚÌåÓýapp relevant ships were the ships operated by the company or, where the company was a member of a tonnage tax group, the ships operated by all the qualifying companies in that group (see FA00/SCH22/PARA22B (4)).
A company was regarded as operating any ship owned by, or chartered to, the company. Â All vessels, whether owned, bareboat chartered or time chartered, had to be included as relevant vessels for all purposes of the calculation above.
‘On average� meant taking the period in the financial year as a whole, not looking at the position solely on the day the new vessel began to be operated. For example:
On 1 April 2008 the total gross tonnage of ships operated by a company is 400,000 tons. »Ê¹ÚÌåÓýapp company’s vessels in tonnage tax have gross tonnage of 300,000 tons. (»Ê¹ÚÌåÓýapp difference is explained by ships that are not qualifying for tonnage tax).
»Ê¹ÚÌåÓýapp company has relevant register vessels with aggregate gross tonnage of 250,000.
On 1 August 2008 the company begins to operate a new vessel of 30,000 gross tons. »Ê¹ÚÌåÓýapp new vessel is not on a relevant register.
Date |
Total |
On relevant register |
Not on relevant register |
% on relevant register |
---|---|---|---|---|
1.4.08 to 31.07.08 |
400,000 |
250,000 |
150,000 |
62.5 |
01.08.08 |
430,000 |
250,000 |
180,000 |
58.2 |
»Ê¹ÚÌåÓýapp relevant percentage was computed using gross ton days.
»Ê¹ÚÌåÓýapp period from 1 April 08 to 31 July 08 is 122 days.
Description | Calculation | Total |
---|---|---|
Total tonnage is: |
400,000 x 122 |
= 48,800,000 |
Total on relevant register is: |
250,000 x 122 |
= 30,500,000 |
»Ê¹ÚÌåÓýapp period in PARA22A (3) ends on 1 August 2008 when the company begins to operate the new ship.
Description | Description | Amount |
---|---|---|
On 1 August |
total tonnage is: |
430,000 |
Total relevant register tonnage is: |
- |
250,000 |
 To compute the average add the total tonnage on 1 August to the total tonnage for the four months to 31 July, giving:
Description | Calculation | Amount |
---|---|---|
Total tonnage: |
(48,800,000 +430,000) TT = |
49,230,000, |
Total relevant register tonnage: |
(30,500,000 +250,000) CFT = |
30,750,000 |
»Ê¹ÚÌåÓýapp average total relevant register vessels as a percentage of total tonnage is 62.46.
In this case condition 2 was not satisfied as over 60% of the tonnage was flagged on a relevant register. As a result the vessel did not need to be on a relevant register to be a qualifying ship.
For guidance on relevant registers see TTM03945.
»Ê¹ÚÌåÓýapp legislation was amended by SI2020/332 to maintain its effect following departure from the EU/EEA, referring to relevant registers, but was repealed by FA22 with effect from 1 April 2022.
References
Reference | Link |
---|---|
FA00/SCH22/PARA22A (3) |