OpenLegislation

Paragraph 13

United Kingdom

(1)

The general rule is that a tonnage tax election remains in force until it expires at the end of the period of F1the relevant number of years beginning—

(a)

in the case of a company election, with the first day on which the election has effect in relation to the company;

(b)

in the case of a group election, with the first day on which the election has effect in relation to any member of the group.

F2...

F3(1A)

“The relevant number of years” means—

(a)

in relation to a tonnage tax election made before 1 April 2022, ten years;

(b)

in relation to a tonnage tax election made on or after 1 April 2022, eight years.

(1B)

Sub-paragraph (1) is subject to the following exceptions.

(2)

A tonnage tax election ceases to be in force—

(a)

in the case of a company election, if the company ceases to be a qualifying company;

(b)

in the case of a group election, if the group ceases to be a qualifying group.

F4(2A)

A tonnage tax election ceases to be in force—

(a)

in the case of a company election, if a withdrawal notice in respect of the company takes effect under paragraph 15A;

(b)

in the case of a group election, if a withdrawal notice in respect of the group takes effect under that paragraph.

(3)

A tonnage tax election may also cease to be in force under—

(a)

the provisions of Part V of this Schedule, or

(b)

the provisions of Part XII of this Schedule relating to mergers and demergers.

(4)

This paragraph has effect subject to paragraph 15(4) (election superseded by renewal election).

Annotations

Textual amendments

F1

Words in Sch. 22 para. 13(1) substituted (1.4.2022) by Finance Act 2022 (c. 3), s. 25(3)(a)(11)

F2

Words in Sch. 22 para. 13(1) omitted (1.4.2022) by virtue of Finance Act 2022 (c. 3), s. 25(3)(b)(11)

F3

Sch. 22 para. 13(1A)(1B) inserted (1.4.2022) by Finance Act 2022 (c. 3), s. 25(3)(c)(11)

F4

Sch. 22 para. 13(2A) inserted (7.4.2005) by Finance Act 2005 (c. 7), Sch. 7 paras. 2(2), 18(2)

Notes on Part II

Modifications

C1

Sch. 22 Pt. 2 applied (with modifications) (1.6.2023) by The Tonnage Tax (Further Opportunity for Election) Order 2023 (S.I. 2023/508), arts. 1, 3